[COVID19] Medical infrastructure "completely exposed"; State obligated to provide medical facility to all: Delhi High Court

The Delhi High Court today directed the Central government and the Delhi government to provide the facility for medical treatment required by all residents of Delhi who are suffering from COVID-19. .The order was passed by a Division Bench of Justices Vipin Sanghi and Rekha Palli while dealing with a plea seeking ICU bed with ventilator facility for a 52-year old suffering from COVID. .The Court remarked that the obligation on the State to provide sufficient infrastructure to save the lives of people could not be understated. .However, the existing medical infrastructure in the State had been "completely exposed", it added. .The Court noted that Article 21 of the Constitution guaranteed the right to life and liberty to all and thus the petitioner could not be turned away on account of lack of medical infrastructure. ."We are sworn to protect the fundamental rights of the people. Therefore, we are bound to issue a writ to provide the infrastructure to enable the petitioner to undergo the treatment required to save his life ...same should be made available to him," the Court said. .It nonetheless clarified that the order would not give any preferential right to the petitioner over others who are also suffering from COVID-19 and would thus have "an equal claim".."..merely because the petitioner has come to court, is not enough to pass an order in his favour so as to allow him to steal a march.....others may not have the resources (to come to court through counsel )..Merely because we have passed this order, it does not give any preferential right to the petitioner," the Court said..The petition was thus disposed of with a direction to the State and Central authorities to ensure medical facility i.e. oxygen beds, ICU or ICU with ventilator, or all residents of Delhi. ."We dispose of this petition with direction in rem to respondents to provide facility for medical treatment required by all residents of Delhi," the Court ordered. .Read the full details of the hearing here:.We are not experts, idea is to set the ball rolling: Delhi High Court while hearing pleas concerning COVID-19 [LIVE UPDATES]