HC stays order on 80% Covid quota in Delhi hospitals

NEW DELHI: The Delhi high court on Tuesday stayed a Delhi government order reserving 80% of all intensive care unit (ICU) beds in private hospitals and nursing homes in the national capital for Covid-19 patients, saying the order appeared to be “arbitrary”, “unreasonable” and in “violation of the fundamental rights of an individual”.

The court was hearing a plea by the Association of Healthcare Providers that said the September 12 order of the Delhi government puts non-Covid-19 patients at risk of contracting the coronavirus.

The plea alleged that the order was issued without any prior discussion with private hospitals and without understanding the current demandsupply gap in critical care beds.

Justice Navin Chawla, while seeking the response of the Delhi government, said the order discriminates between Covid-19 and non-Covid-19 patients.

“In the time of an emergency, a patient cannot be told to run around from one hospital to another. The disease itself cannot be the grounds for discrimination,” justice Chawla said.

“Do other patients have a right to life or not, or is it now that the state says only Covid-19 patients have a right to life? This is making my blood boil. The patient is not going there (to a hospital) for a holiday,” he said.

Appearing for the Delhi government, additional solicitor general (ASG) Sanjay Jain said the order was issued keeping in view the sudden surge in Covid-19 patients who required intensive care.

He said 33 private hospitals have not challenged the order and, hence, the plea should be dismissed.

The court asked the Delhi government to disclose the factors based on which the decision was taken, and stayed the order till October 13.

The Delhi government in a statement said, “It is extremely important to reserve ICU beds in private hospitals to deal with increasing number of Covid-19 cases. We will challenge this order tomorrow.”