'Prepare for third wave', Supreme Court warns Centre, asks for revamp plan on allocation of oxygen

The Supreme Court on Thursday said the Centre should revamp its formula for calculating the allocation of oxygen. It also emphasised on the need for preparing to tackle the third wave of COVID-19, which according to experts would also affect children.

According to PTI, the Centre told the Supreme Court that it has complied with its order and instead of 700 MT oxygen, it ensured a supply of 730 MT to Delhi for treating COVID-19 patients.

The apex court, while staying contempt proceedings initiated by Delhi High Court against Central government officials for non-compliance of direction to supply 700 MT of oxygen to Delhi, had sought an answer from the Centre on Thursday morning.

According to news agency ANI , the Centre submitted its detailed plan on procurement and supply of oxygen to various states.

The SG informed a bench of Justices D Y Chandrachud and MR Shah that a survey conducted in 56 major hospitals of the National Capital on 4 May revealed that they had a significant stock of liquid medical oxygen (LMO).

According to LiveLaw, the Mehta maintained that Delhi’s position on needing 700 MT oxygen was not factually correct. If excess supply was continued to Delhi, other states would suffer, he argued.

Mehta also said that unloading was taking time in Delhi, reported Bar&Bench. He further said could either be lacunae on the Centre’a part or the state’s allocation. “I am not accusing. It could be the system. The failure could be partly state and partly Centre,“ LiveLaw quotes him as saying.  “If there is allocation of 700, but it is found to be 400 if distributed well, then I will be answerable to other states,” Mehta told the Bench.

According to LiveLaw, Justice Chadrachud said the Centre needs to completely revamp its formula, saying that the current estimation by the formula might be a complete underestimation of Delhi’s oxygen requirement. However, he also said the top court agreed that an audit is required.

Justice Chandrachud: What your formula shows for Delhi, it might actually be a gross underestimation of what Delhi requires. We agree that an audit is required. But, this needs to be looked into. We realise that other States also need it.

— Live Law (@LiveLawIndia) May 6, 2021

“What we need to do is that look at this in a pan-India state. Yes, we need to look at the oxygen audit, and we need to reassess the basis for oxygen allocation. You are in stage two of pandemic. Stage three might even have very different parameters,” he said.

“But, if we prepare today, we will be able to handle Stage 3. It’s not just about allocating oxygen to a State, but equally logistics of a proper oxygen audit takes place and a proper modalities for distribution. That’s why I said other states can be looked at,” LiveLaw quotes him as saying.

The Supreme Court said that according to experts a third wave is likely and will affect children too.  The top court said such a third wave could be tacked if preparations are made right away, including scientific planning to vaccinate people.

“The third surge in India which is around the corner according to experts will affect children. So when a child goes to hospital, the mother and father will also have to go. That is why vaccination will have to be over for this group of people. We need to plan for this in a scientific way and thus make arrangement,”  Bar&Bench quoted the Bench as saying.

According to LiveLaw , Justice Chandrachud stressed on the need to create buffer stocks while Justice Shah pointed to rural areas where most people are suffering. “We have to consider a pan-India situation as well as the future situations,” said Justice Shah.

“We need to deal with it; I’m not saying it’s the Centre’s fault. I am saying that we need to deal with the third surge in a scientifically planned manner,” LiveLaw quotes Justice Chadruchud as saying.

Mehta submitted that the formula is not cast in stone and will be revisited.

The Bench also urged the government to examine the possibility of utilising services of doctors who have completed their MBBS dgeree and are waiting for the entrance exam for post-graduate courses.

“Today we have 1.5 lakh doctors who have finished medical course but waiting for NEET exam. How do you tap them? 1.5 lakh doctors and 2.5 lakh nurses are sitting at home. They will be crucial for third wave,” the Bar&Bench report quotes Justice DY Chandrachud as saying.

“The current crop of doctors is completely fatigued and is at the end of their tether. You can call them corona warriors etc but they are humans,” Bar&Bench quotes Justice Chandrachud as saying.

According to Bar&Bench , Justice Shah suggested that doctors performing non-medical duties can also be roped in.

The court also said the Centre has to maintain the level of oxygen supply to Delhi, saying 700 MT will have to be provided till Monday.

Justice Chandrachud: It cant be 560 MT till Monday, like you made it 730 MT by today. you have to maintain it.

Justice Shah: everyday we see what is happening

SG: it is not because of me or supply

— Bar & Bench (@barandbench) May 6, 2021

Mehta showed the Centre’s letter on augmenting human resources, allowing final year students and PG students as well as senior residents to be enlisted for COVID duty.

According to LiveLaw, Justice Chadrachud suggested that the incentive should be given in the form of increasing marks for NEET. he also asked the SG to suggest names for the audit committee, reported Bar&Bench.

On Wednesday, Centre’s Principal Scientific Adviser K VijayRaghavana third wave rise in cases was “inevitable”, given the higher levels of circulating virus, but it is not clear on what time scale this phase three will occur.

With inputs from PTI