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TMI Blog2021 (4) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... Secretary, Ministry of Health and Family Welfare at substantial length. 4. In terms of our order passed yesterday, the Central Government has filed an affidavit. Mr. Mehra states that though all efforts were made to file the affidavit on behalf of the GNCTD, the same could not be completed and, therefore, the same has not been filed today. Let the affidavit be filed by the GNCTD by 1:00 PM on 22.04.2021. The same shall be circulated to all the others present in the proceedings. 5. We have perused the affidavit filed on behalf of the Central Government, filed by Mr. Rajender Kumar, Under Secretary, Ministry of Health and Family Welfare. The affidavit has, firstly, dealt with the aspect of availability of COVID beds, as made available by the Central Government in the NCT of Delhi. It discloses that in a meeting held on 09.04.2021, it was decided that 500 ICU bedded DRDO COVID Care Hospital be established in Delhi Cantt. It is stated that 250 ICU beds have been operationalised by DRDO and another 250 beds shall be operationalised by 22.04.2021. It has been further decided to provide 25 medical officers and 75 paramedics to this COVID care centre from Central Armed Paramilitar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greater than the numbers which were turning up last year - even during the peak of the pandemic, the Central Government should urgently look to allocate more beds among their hospitals for COVID patients. We direct the Central Government to look into the aspect of bed allocation for COVID patients keeping in view the prevailing circumstances, and report in this regard on the next date of hearing i.e. 22.04.2021. 10. The other aspect on which we have heard submissions, is the aspect of availability of medical Oxygen in the NCT of Delhi. On this front, the situation is rather alarming. We have been informed during the course of hearing that the availability of Oxygen - as we pass this order, has dropped dramatically in Hospitals. The situation is such, that the Oxygen pressure has been reduced, to keep it going longer, with the result that serious patients, who are in need of Oxygen have suffered drastic fall in their Oxygen levels, which is turning out to be one of the major causes of fatality of COVID patients. 11. Dr.Nipun Vinayak, Joint Secretary, Ministry of Health and Family Welfare has explained to us that the Department for Promotion of Industries and Internal Trade(DPIIT) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also pointed out that the Central Government had sanctioned funds in December, 2020 to set up Pressure Swing Adsorption(PSA) plants for production of oxygen throughout the country. For the NCT of Delhi, eight such plants were sanctioned. He states that only one has become operational till date, and two of the hospitals, namely, Satyawadi Raja Harish Chandra Hospital and Vardhaman Mahavir Medical College & Safdarjung Hospital have not yet provided the site clearance where the PSA plant could be installed. Two of the hospitals have now provided the site clearance and the equipment would be installed by 30.04.2021. We direct the respondents to ensure that the remaining hospitals - who have not acted in response to the said scheme of the Central Government, act immediately. Compliance be reported on the next date. 16. Looking to the number of COVID positive patients all over the country, and the pattern which is emerging with regard to the spread of the viral infection and the severity with which it is impacting people in different States and regions, we direct the Central Government to review the allocation of Oxygen on a dynamic basis i.e. on a day to day basis, so that its uti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure for such clearances is also highly time consuming. We do not wish to, in any way, impinge on the authority of ICMR, and we do not expect the ICMR to relax its standards in the matter of granting its permissions and clearances. However, looking to the present day situation, we direct the ICMR to give top priority for such clearances so that the RTPCR Labs could be set up or expanded without any delay. 23. Another aspect that has been brought to our notice, which is also resulting in delay in preparation of RT-PCR Test Reports, is the Software deviced for uploading of the Test results on the website. The patients who undergo the RT-PCR test,s are required to provide their Aadhar Cards. Despite that being the position, the testing agencies are required to fill up detailed forms online, which take up to 15 minutes per form. We, therefore, direct the Central Government, and the ICMR, to review the form in which the information is required to be uploaded by the testing agencies, so as to reduce their burden and wastage of time, as this appears to be acting as a bottleneck in the matter of preparation of reports. 24. We have also noticed reports in newspapers about the critical medi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment, under Section 92. Section 100 provides the power of the Central Government to use inventions for purposes of the Government. 28. Looking to the present day situation, there can be no doubt that a case is made out for exercise of its power by the Central Government/ Controller under the aforesaid provisions of law. At the same time, the interests of the Patent holders/ licensees should be kept in mind, since it on account of their investments, inventions and hard work that such like medicines are made available to the public at large. The best course would be encourage the existing manufacturers to ramp up their production on a war footing. They should also be encouraged to grant voluntary licenses to other entities to manufacture the requisite drugs. However, if such efforts do not fructify soon enough, the Government/ Controller should not hesitate to invoke their jurisdiction and powers under the aforesaid provisions of the Patents Act, since the lives of thousands of people are being lost each day in the country due to COVID. The lives of the people take priority over everything else. Even if such like powers are exercised, the patent holders/ manufacturers can be adequa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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