Centre needs to revamp its O2 allocation plan: SC
NEW DELHI: The Supreme Court on Thursday said that the central government’s policy on allocating medical oxygen supplies to states needed a “complete revamp”, highlighting what it said were the “most obvious points” of considerations overlooked by the expert committee.
Observing that it was inclined to set up a committee to review the Centre’s policy, the bench of justices Dhananjaya Y Chandrachud and MR Shah found fault with the Centre’s formula to link allocation of oxygen to only the number of beds in the hospitals of a state and its active cases.
“Your formula requires a complete revamp. Now, we tell you the practical problem is that when you prepared this formula, not everyone required oxygen or bed but many patients today require oxygen even at home. Your formula takes into account number of beds in hospitals but not those who will require it at home because there are no beds available anywhere,” it told solicitor general Tushar Mehta, who represented the Union government.
The court added that the formula, which computed total requirement of a state on the basis that 50% of the non-ICU beds required 10 litres of oxygen per minute, while 100% percent of the ICU beds required 24 litres per minute, also failed to take note of oxygen requirements for ambulances and Covid care facilities, besides the logistical issues regarding its transportation,
turnaround time etc.
“If we look at Delhi, your forum is a gross underestimation of what is actually required for Delhi. This formula has to be looked at in the national perspective. We don’t want these proceedings to make Delhi-centric but this formula requires a revamp... your committee didn’t look at most obvious points which we as judges can see,” it said.
The Centre’s expert group comprised Dr VK Paul, (doctor and member, Niti Aayog), Dr Randeep Guleria (director, AIIMS), the director general of Indian Council of Medical Research and the director general, Health Services.
On his part, the S-G adduced a chart in the court to show that the Centre has complied with the court order and Delhi received 730 MT oxygen on May 6. He added that a survey of 56 big hospitals in the city on Wednesday has revealed that all of them had sufficient stock available with them and that large quantities of oxygen which reached on Wednesday was yet to be distributed.
Refuting Delhi’s claim of the daily requirement of 700 MT, Mehta also emphasised that the allotment made to other states was interfered with to comply with the court order of supplying 700 MT oxygen to Delhi every day. “It is therefore clarified that any deficiency in other states resulting from diversion of their allotted quota to GNCTD may result into adverse consequences beyond the control of the Central government,” he maintained.
The S-G pressed for an ‘oxygen audit’ in Delhi, stating there was a systemic failure in efficiently handing oxygen in the national capital and that a committee of expert could be set up to examine the loopholes and deficiencies.
Senior advocate Rahul Mehra, appearing for the Delhi government, called it a “witchhunt” and resisted any order of audit since he claimed it could divert the resources and officials from the Covid-19 management. Mehra contended that if at all any audit was required, the top court must order an audit into arbitrary oxygen allocation policy of the Centre.
While the court observed that a committee will have to be formed “to provide a national pool of resources and guidance on management of the pandemic” which could go into areas such as allocation of oxygen and other logistical requirements, and a pan-India audit of distribution of resources given the fact that major part of the country was rural where equitable distribution must take place.
At this, the S-G said that the policy was continuously evolving in the wake of the dynamic nature of the pandemic.
“I accept that a minimum fault formula is to be arrived. I must also tell this court that this issue is being examined at the highest possible level in the government. I assure this court that we would revisit that formula,” he said.
The bench, however, responded: “We need to assess the basis of oxygen allocation. We are in stage two of the pandemic and we may be getting to stage three. All need to prepare to be able to handle stage three.”
It further underscored the necessity of creating a buffer stock of oxygen in all high load cities, starting from Delhi in respect of which the court passed an order on May 2.
“Hospitals are sending SoS that we are left with 2 hours of oxygen; three hours of oxygen. This created panic in created in the mind of the people. In Delhi’s Batra hospital, a senior doctors lost his life. That’s the kind of situation we need to alleviate. If there is a buffer stock, there will not be oxygen panic in the city. Citizens will feel they have sufficient oxygen,” it added.
The bench, which had on Sunday directed the Centre to give Delhi 700 MT oxygen every day, is expected to release its detailed order on the formation of the committee and its terms of references on Friday morning.