Gujarat High Court
Devarshi Pragneshbhai Patel vs State Of Gujarat & 1....Opponent(S) on 19 February, 2015
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/WPPIL/33/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 33 of 2015
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DEVARSHI PRAGNESHBHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT & 1....Opponent(s)
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Appearance:
MR JAYANT P BHATT, ADVOCATE for the Applicant(s) No. 1
MR JEET J BHATT, ADVOCATE for the Applicant(s) No. 1
MR KAMAL TRIVEDI,ADVOCATE GENERAL with Mr.UTKARSH SHARMA,
AGP for the Opponent(s) No. 1 - 2
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 19/02/2015
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI)
1. We have heard Mr.Jeet J. Bhatt, learned advocate assisted by Mr.Jayant P. Bhatt, learned advocate for the petitioner and Mr.Kamal Trivedi, learned Advocate General assisted by Mr.Utkarsh Sharma, learned Assistant Government Pleader for the respondents.
2. This Public Interest Litigation has been filed by the petitioner for issuance of directions to the State Government as well as Central Government to issue guidelines in the line of World Health Organisation for treatment and control of Swine Flu and a Page 1 of 7 C/WPPIL/33/2015 ORDER prayer has been made to the State Government to provide testing laboratories for Swine Flu in every district in the State of Gujarat. Further, it has been prayed that all the Government and private hospitals be directed to provide proper treatment to the persons suffering from Swine Flu and the Government shall ensure that spread of Swine Flu virus is prevented and to provide vaccine for Swine Flu at subsidised rate.
3. It is true that Swine Flu is spreading in the State of Gujarat in a very big proportion and about 167 persons have died due to Swine Flu. The concern of the petitioner appears to be correct that the State Government should act promptly.
4. Learned Advocate General Mr.Trivedi has informed the Court that Government has taken action promptly and has adopted educate manner to control the Swine Flu and Chief Secretary is monitoring Swine Flu by video conferencing with all the district Development Officers and Collector and Municipal Commissioner. People are also being made aware of various methods to prevent spreading Swine Flu and whenever any patient is detected, he is immediately admitted in isolation ward and treatment is provided free of cost. Learned Advocate General has summarized the steps taken by the State Government which are introduced as under : "1. Continuous surveillance of InfluenzaLike Illness ('ILI' for short) for identifying the clustering of such cases in community on weekly basis by integrated Disease Surveillance Programme ('IDSP' for short).
2. On the basis of the aforesaid surveillance, report is generated on weekly basis and analyzed.
3. Feedback from the said report is given to concerned units for further action.
4. State Task Force consisting of 8 to 10 experts in various fields, like Public Health, Medicine, Microbiology, Page 2 of 7 C/WPPIL/33/2015 ORDER Preventive and Social Medicine, has been constituted.
5. The State Task Force is meeting on regular intervals to review the situation across the state for taking up require actions.
6. Crisis Management Group has been formed as per the guidelines of the Ministry of Health and Family Welfare, Government of India, under the Chairmanship of the Chief Secretary of the State and Executive Committee of Crisis Management has been formed under the Chairmanship of Secretary (Health), which meet at regular intervals, as frequently as the situation demands, and makes recommendations for necessary action.
7. Separate OPDs for Influenza A H1N1 have been started in all district hospitals and civil hospitals.
8. Isolation wards with dedicated ventilators have been created in all hospitals.
9. Private Hospitals treating such patients are being inspected by experts from medical colleges for confirmation of the availability of necessary facilities as per guideline.
10. Satellite communication conference are being held through SATCOM with teachers and students of primary and secondary school on personal hygiene, hand wash and precautions to prevent spread of Swine Flu and other airborne infections.
11. All hospitals, treating influenza A H1N1 patients are being visited by expert teams to very facilities and adherence to treatment protocols and universal precautions for infection control.
12. Health functionaries (FHW, FHS, ASHA) - At state level have been briefed on contract survey of influenza A cases and provide necessary treatment as per guideline.
13. Screening and reporting of ARI cases in OPD have been intensified to the State Epidemic Branch.
14. Contacts of all confirmed cases are followed up regularly for 10 days and symptomatic contacts are given anti viral treatment.
15. Stock of anti viral drug cap and syrup Oseltamivir, PPE kit, N0095 masks and triple layer masks is ensured in ample quantity in all levels in the State. Cap Oseltamivir is made available at all level including PHCs, CHCs, Sub Page 3 of 7 C/WPPIL/33/2015 ORDER District Hospitals, District Hospitals and Medical Colleges. All treatments including drugs and ventilator care is given free of cost to all patients in all Government run hospitals.
16. Advanced rt PCR machines, deep freeze20 C, deep freeze70 C, refrigerated micro centrifuge were purchased and given to civil hospitals. Additional 42 ventilators were made available in different medical college civil hospitals.
17. More than 800 beds are available in isolation ward in government hospitals and about 200 ventilators are available for influenza A H1N1 patients. This capacity can be increased as per need.
18. Rapid Response Team of PDU Medical College have visited most affected Kutch District and investigated the outbreak and given the necessary information.
19. Officials and experts from Government of India have visited the hospitals, laboratories, health centres and met the concerned authority and interviewed the general population and ASHA, health workers regarding the awareness of influenza. The team has expressed satisfaction with the prevention and control activities carried out by State.
20. Private physicians and other doctor of entire state in collaboration with IMA were sensitized through video conference by expert doctors.
21. Sensitization workshop and training were conducted at district and taluka level for all private practitioners by local IMA branch and health authority.
22. Pamphlets were distributed in major public gatherings and in community for Do's and Don'ts for prevention and control of Swine Flu.
23. A mass awareness campaign was carried out in Kutch district, which reported higher number of cases during earlier weeks. About 3.6 lac population of 70,000 houses were contacted and given information regarding influenza A H1N1.
24. Such awareness campaign was then replicated in the entire state. Till date, more than 4 crore people have been sensitized by housetohouse visit. 86 lac houses have been visited by 1.6 lac volunteers and healthworkers to spread information on Swine Flu and basic preventive measures.
Page 4 of 7C/WPPIL/33/2015 ORDER
25. Radio jingle for awareness and precautions were given in Akashvani and FM radio.
26. Lband, scrolls and advertisements on news channel and talks show with experts on Radio and Television was done.
27. Advertisements on print media are being regularly issued in leading newspapers.
28. Hoardings, Flex banners on Swine Flu symptoms and care are put at public place like hospitals, milk dairy, school, colleges, railway stations, bus stations, etc.
29. Advertisement given on ST buses back panels and Railways.
30. Manual of influenza A is available on website of website WWW.Gujhealth.gov.in and circulated to all PHC, CHC, DH and Medical College Hospital and private hospitals.
31. Advisory for care of students in school is circulated through Department of Education to take care of any student suspected of influenza A H1N1.
32. More than 2000 health care workers and doctors, involved in treatment of such patients are vaccinated with Influenza A H1N1 vaccines.
33. The Chief Secretary, Gujarat has been taking the meeting of all Collectors, DDOs and Municipal Commissioners along with health officials through video conference and giving the instructions for containment of outbreak."
5. Further a concern has been raised by learned advocate for the petitioner that about testing of virus. According to him, there is no adequate facility of testing Swab from which Swine Flu could be detected. Learned Advocate General has informed the Court that 5 such laboratories are functioning in the State of Gujarat namely - B.J. Medical College, Ahmedabad; Government Medical College, Surat; PDU Medical College, Rajkot; GNERS Medical College, Sola Ahmedabad; GAIMS Medical College, Bhuj District Katch.
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6. According to learned Advocate General, the highest number of laboratories in the entire country is functioning in the State of Gujarat and no other State has got five laboratories for testing Swine Flu. He further informed the Court that very hitech machines are required in the laboratories, which have been installed long back and Swine Flu is being tested and the laboratories are functioning around the clock i.e. 24 x 7 which are located within a radius of 200 kilometre from each district to detect whether anyone is suffering from Swine Flu or not. Therefore, patient of each district could be detected on the same day. The Government shall provide necessary arrangements to these laboratories so that they keep on functioning around the clock so that their impact on Swine Flu could be counted by the State.
7. Learned advocate for the petitioner urged that private hospitals are not giving facilities to the persons suffering from Swine Flu and they are not admitting the poor persons of State of Gujarat as the Swine Flu patients are required to be treated in isolated ward, since this has spread in very large proportion and there is high rate of Swine Flu patients in the State of Gujarat. Therefore, in our opinion the State Government should make a request to all the private hospitals in the State of Gujarat to provide free facilities including hospitalization as well medicines for treatment of Swine Flu patients and who are poor. The State Government shall inform the Court on the next date as to what response they have got from the private hospitals for free treatment of Swine Flu patients. The State Government to ensure that even a common man is getting treatment of Swine Flu in a private hospital.
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8. List on 26.02.2015 to enable the State Government to file affidavit.
9. We further direct Chief Secretary, State of Gujarat to carry on the monitoring work of Swine Flu by taking effective steps of prevention and control of Swine Flu in the State of Gujarat.
Direct service today is permitted.
(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) Amar Page 7 of 7