Article 21 is completely violated if people die due to lack of Oxygen: Bombay High Court Goa Bench

A Bench of Justices MS Sonak and NW Sambre aid that several deaths are taking place in the State due to lack of Oxygen and the Court and authorities cannot be in denial.

COVID positive patients dying due to lack of Oxygen is a gross infringement of right to life under Article 21, the Goa Bench of Bombay High Court observed on Wednesday while exhorting the State and other authorities to make all efforts to ensure Oxygen needs of the State are met.

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A Bench of Justices MS Sonak and NW Sambreaid that several deaths are taking place in the State due to lack of Oxygen and the Court and authorities cannot be in denial.

“It is not our intention or role or expertise to go into supply, logistics etc. (But) as a Constitutional court we recognise right to life and have to ensure life is protected Article 21 is completely violated if people die due to lack of Oxygen,” the Court said.

The Court noted that the Goa Medical College alone needs 1000 cylinders of Oxygen of which 500 needs to be delivered by 2 pm.

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The Court also recorded the submission by Dean of GMC that it would require 72 trolleys of oxygen if patients admitted have to be effectively treated and there is no death for want of Oxygen

The Court directed the State to ensure that the same is met.

“At this stage we can only say State administration has to make further efforts to see that GMC is supplied with Oxygen as indicated above,” the Court said.

The Court was hearing a public interest litigation (PIL) petition filed by South Goa Advocates' Association (SGAA) seeking court’s intervention in issues related to COVID-19 management in Goa.

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