Lawstreet Journal

"Today is The 'Test Night,' Ensure No One Dies Due to Lack of Oxygen as it is a Violation of Article 21," says the Bombay High Court to the Goa government [READ ORDER]

Lawstreet Journal 15 May 2021 2:22am

Image courtesy: Lawstreet Journal Judiciary "Today is The 'Test Night,' Ensure No One Dies Due to Lack of Oxygen as it is a Violation of Article 21," says the Bombay High Court to the Goa government [READ ORDER]

On Wednesday (May 12, 2021) the Bombay High Court (Goa Bench) observed that it is every state's responsibility to protect the lives of its citizens, emphasizing that if a COVID positive patient dies due to a lack of oxygen, it is an infringement of the right to life under Article 21.

Noting that patients are indeed suffering and, in some cases, dying due to a lack of oxygen supply, the Bench of Justice M. S. Sonak and Justice N. W. Sambre specifically stated in the State of Goa, "The Constitution says that no lives should be lost, if deaths occur due to a lack of oxygen, then it is a clear case of violating the fundamental right to life, and it is not acceptable." The Court also noted that the situation regarding oxygen supply at the Goa Medical College is quite dire, and that we have long passed the stage of determining whether or not patients are suffering from a lack of oxygen.

Notably, the Court also stated, "There is a corresponding duty imposed on the State to ensure that this life is not extinguished as a result of the State's inability to supply oxygen to these unfortunate victims of the pandemic. This duty cannot be avoided by claiming helplessness or citing logistical difficulties in obtaining and supplying oxygen."

Submissions made in front of the Court

All of the officials who appeared in court explained the problems with the supply of oxygen, particularly at Goa Medical College. They pointed out that, despite the fact that… Continue Reading...


Tagged: Bombay High Court  
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