On Tuesday, The Delhi high court stayed the order of the Delhi government to reserve 80% of the ICU beds for corona virus infected patients, stating that the order appeared to be unreasonable and arbitrary and in violates the fundamental rights of an individual.
Justice Navin Chawla, responded to the Delhi Government that the order on September stating that 33 private hospitals have to reserve 80%of ICU beds for Covid-19 patients. He added that this order ids direct violation of fundamental right of an individual and that the Government should not discriminate between Covid and non Covid patients.
Court remarked that this will be discrimination to the people who seriously need ICU beds
In it’s oral order the court said that at the time of emergency the patient could not be asked to look for another hospital amid being serious. Hence the state should not discriminate the patients only on the basis of their disease and how can hospitals discriminate between patients though they both need ICU beds. This would bring injustice to the care of other patients that are in need of hospital care.
Court made it clear that it will not let one person die due to arbitrary order by Delhi Government
In the hearing the court cleared that it would not let one person die due to this unreasonable order. The court reprimanded the Delhi Government over what good this order would yield. The court added that how can a person could be turned away with hospital necessities and let that person die during the search for another hospital. The court also asked that what factors were taken into consideration before passing the order.
The association of healthcare providers plead to the court alleging that the reservation of beds was passed without any prior discussion with private hospitals and without understanding the current situation for the need of hospital beds.