FrontLine

Judicial rebuke

- BY ANUPAMA KATAKAM

Gujarat’s

inept handling of the COVID-19 crisis draws a sharp reaction

from the High Court.

ON MAY 23, THE GUJARAT HIGH COURT ISSUED a strongly worded order on the State government’s mismanagem­ent of the COVID-19 situation. While hearing a public interest litigation (PIL) petition on the crisis and taking cognisance of several complaints, the bench of Justices J.B. Pardiwala and Ilesh Vora was scathing in its criticism of the Civil Hospital in Ahmedabad. Threatenin­g to conduct surprise visits to the Civil Hospital, which they said was “as good as a dungeon or maybe even worse”, the judges asked State Health Minister Nitin Patel and Health and Family Welfare Secretary Jayanti Ravi whether they had even bothered to visit the hospital.

The bench, which acknowledg­ed an anonymous letter written by a doctor (assumed to be working in the civil hospital), asked the State to pull up its socks. In its order it directed the State government to set up on a war footing a computeris­ed control centre with real-time informatio­n on facilities across districts. Informatio­n about phone numbers of hospitals and ambulances, addresses, bed availabili­ty and persons in-charge should be accessible to everyone via the control centre, the court said. Additional­ly, people must be able to file complaints and grievances at the centre. The bench said the government should appoint in each state hospital a representa­tive who would be in contact with the control centre. Describing the situation in Ahmedabad as deeply distressin­g, the judges said that the government should ensure that no patient was made to run from one hospital to another to beg for admission. It directed that all government hospitals with more than 50 beds and ICUS (intensive care units) in Gujarat should immediatel­y be converted into dedicated COVID-19 hospitals and private laboratori­es should be able to conduct COVID-19 tests.

(Until recently the State government did not allow private laboratori­es to conduct COVID tests, though the Indian Council for Medical Research had issued guidelines allowing private labs to conduct tests.)

The State government in its reply to the order agreed to comply with the directives but refuted the allegation that it was not doing enough.

A few days after the scathing order was issued, Chief Justice Vikram Nath took over the bench that had been hearing the PIL since May 11 on all issues pertaining to the COVID-19 situation. Justice Pardiwala, who had been heading the bench, was now relegated to a junior position. On May 28, when Chief Justice Vikram Nath took over, he said highlighti­ng a government’s shortcomin­gs “only creates fear in the minds of people”. In a stunning volte-face, the new bench said: “If the State government would not have been doing anything, as alleged, then probably, by now, we all would have been dead.”

An informed source in Ahmedabad said the change in the roster came abruptly on the last working day of the week when the court was due to hear the PIL. Activists and several advocates wrote to the Chief Justice of the Gujarat High Court expressing their “disappoint­ment and serious concern” regarding his decision to change the bench, and argued that the change might break the continuity of the hearings and the significan­t directions that the court had issued to the government earlier.

The Chief Justice said: “All that we are doing in this litigation is to keep the State government conscious and active by reminding it of its constituti­onal and statutory obligation­s…. The COVID-19 crisis is a humanitari­an crisis, not a political crisis. Hence, it is imperative that no one politicise­s this issue…. In these extraordin­ary circumstan­ces, the role of the opposition is equally important. There is no denying that the role of the Opposition is to hold the government to account, but in times like this a helping hand would be more beneficial than a critical tongue…. Merely criticisin­g the government in power is not going to magically cure people of COVID-19, nor is it going to make the dead come back to life…. While adversaria­l criticism may do no good, constructi­ve criticism can help.”

Notwithsta­nding this extraordin­ary turnaround, Gujarat’s handling of the COVID-19 crisis has been abysmally poor. That the High Court intervened is an indication of the gravity of the situation.

The numbers tell their own tale. As of June 1, the State had 16,343 positive cases and 1,007 deaths. Ahmedabad accounts for 80 per cent of the cases and has reported almost 800 deaths. Gujarat’s mortality rate at 6.14 per cent is far higher than the national average of 2.8

per cent and Maharashtr­a’s 3.37 per cent. The 1,200-bed Civil Hospital accounts for half the deaths.

The much flaunted “Gujarat model” has clearly not been very effective in this crisis. One doctor said: “The only thing Gujarat has shown is: how not to do it. We have seen poor administra­tion, neglect towards health care workers, system failures, bad ideas and, worse still, corruption and nepotism.”

Gujarat has also witnessed over the past few weeks tragic scenes of migrants not being able to go home, even though the State claims trains have been arranged.

Citizens’ groups, mediaperso­ns and doctors’ associatio­ns have filed complaints with the administra­tion about the condition of hospitals, the risks faced by health care workers as they function without protective gear, dead bodies being dumped in strange locations, and a host of other Covid-related issues. According to the High Court records, 15 PILS have been filed in connection with COVID and the administra­tion’s poor performanc­e.

Achyut Yagnik, who runs the Centre for Social Knowledge and Action, said: “The problem in Gujarat currently is that they are not looking at tackling the problem on a war footing. Politics and petty power play is taking precedence over the COVID crisis. We can see how that is affecting the State. The need of the hour is strong leadership, which is lacking.” On the migrants’ issue, he said:

“The migrant issue is so tragic, yet they are unwilling to acknowledg­e it. Instead they are downplayin­g the numbers.”

Chief Minister Vijay Rupani clings to his belief that the Tabligi Jamaat congregati­on held in March in Delhi was responsibl­e for the high number of cases in Ahmedabad. Hussain Apa, a social worker in the Bombay hotel area of Ahmedabad said: “Rupani makes it sound as though the Tabligi is responsibl­e for the spread. But there were just 14 members who went [to the congregati­on]. Unfortunat­ely, the minorities in Ahmedabad do not trust the government and when they said we had to practise social distancing, no one in our colonies could understand what they were trying to do. Many thought it was another ploy to hurt Muslims. So it took a while for people to grasp the gravity of the disease and by that time community transmissi­on had begun.”

The walled city of Ahmedabad houses slums and low-income homes. This densely populated area is now witnessing hundreds of positive cases daily. Unfortunat­ely, most are from minority communitie­s, said Apa.

VENTILATOR SCAM?

There is reportedly a scam surroundin­g the purchase of ventilator­s from a local company that has links with the Chief Minister.

 ?? AJIT SOLANKI/AP ?? IN AHMEDABAD
on June 1 after lockdown restrictio­ns were relaxed.
AJIT SOLANKI/AP IN AHMEDABAD on June 1 after lockdown restrictio­ns were relaxed.

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