Supreme Court’s Directive on COVID-19 Patient Care and Dignified Handling of Dead Bodies

The case of In Re: The Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in Hospitals was taken up by the Supreme Court of India as a suo motu writ petition to address serious lapses in patient care and the handling of deceased COVID-19 patients in hospitals across the country. The Court intervened after reports surfaced about the mismanagement in hospitals, highlighting a lack of medical attention, shortage of resources, and undignified treatment of deceased patients.

Background of the Case

The COVID-19 pandemic resulted in an unprecedented strain on the Indian healthcare system. As hospitals were overwhelmed with patients, multiple media reports exposed horrifying conditions, including:

• Poor management of COVID-19 wards.
• Patients being turned away despite availability of beds.
• Undignified handling of bodies, with some left unattended for days.
• Inadequate testing facilities and lack of clear protocols.

Taking note of these reports, the Supreme Court issued a notice on June 12, 2020, calling for responses from the Union of India, the Delhi Government, and other states to address these deficiencies and ensure remedial measures.

Government’s Response

The Union of India and various state governments submitted affidavits outlining their efforts to improve the situation. The Central Government, in its affidavit, detailed steps taken to strengthen hospital management and patient care, including:

• A high-level meeting chaired by the Home Minister with officials from Delhi Government, AIIMS, and Municipal Corporations to coordinate COVID-19 response.
• The deployment of senior doctors from central government hospitals to inspect and improve patient care in Delhi hospitals.
• An increase in testing capacity, with a goal to conduct 18,000 tests per day in Delhi by June 20, 2020.
• The formation of a special committee under Dr. V.K. Paul of NITI Aayog to regulate the rates of COVID-19 treatment in private hospitals.

Petitioners’ Concerns

Several public interest litigants and intervenors highlighted critical issues in their applications:

• Lack of hospital accountability: Patients were denied admission, and there was no system for grievance redressal.
• Inadequate testing: Many symptomatic individuals were being refused COVID-19 tests.
• Poor transparency: Data on hospital bed availability was unreliable and not updated in real-time.
• Shortage of trained staff: Many hospitals lacked sufficient doctors and nurses to manage the increasing number of COVID-19 cases.

Supreme Court’s Observations

After reviewing the affidavits and submissions, the Supreme Court made the following key observations:

• “The condition of COVID-19 hospitals is pathetic, with patients being left unattended and dead bodies lying next to patients.”
• “There is no reason why patients should be denied admission when hospital beds are available.”
• “The hospitals and state governments must ensure transparency in bed allocation and publish real-time data on hospital capacities.”
• “All hospitals must follow strict guidelines for handling the dead bodies of COVID-19 patients, ensuring dignity and respect.”

Final Judgment and Directives

The Supreme Court issued several directives to improve patient care and ensure proper management of COVID-19 facilities:

• The Ministry of Health and Family Welfare was directed to form Expert Committees consisting of senior doctors from AIIMS, central government hospitals, and municipal hospitals to inspect and supervise all COVID-19 hospitals.
• Hospitals in Delhi and other states were instructed to install CCTV cameras in COVID-19 wards to ensure transparency and allow real-time monitoring of patient care.
• Each hospital was mandated to set up a helpdesk for families to inquire about their admitted patients.
• State governments were ordered to ensure adequate testing and prevent unnecessary refusals for COVID-19 tests.
• All hospitals were directed to allow one attendant to stay in an area designated by the hospital for each COVID-19 patient.
• All states and Union Territories were instructed to adopt the COVID-19 discharge policy issued by the Central Government to standardize discharge procedures.
• Guidelines were to be issued for reducing treatment costs in private hospitals, ensuring affordability for patients.

Impact of the Judgment

The Supreme Court’s intervention had a significant impact:

• State governments were compelled to improve hospital conditions and ensure better management of COVID-19 patients.
• Hospitals became more accountable for the admission and treatment of patients.
• Testing rates increased, making COVID-19 detection and treatment more efficient.
• Standardized protocols for handling dead bodies ensured dignity in death.

Conclusion

The Supreme Court’s ruling in this case underscored the judiciary’s role in safeguarding public health during a national crisis. By intervening through suo motu proceedings, the Court ensured that patients received timely medical care and that deceased individuals were treated with dignity. This judgment serves as a landmark precedent in holding healthcare institutions accountable during emergencies and ensuring that fundamental rights to life and dignity are upheld.

Petitioner Name: Suo Motu Writ Petition.
Respondent Name: Union of India & Others.
Judgment By: Justice Ashok Bhushan, Justice Sanjay Kishan Kaul, Justice M.R. Shah.
Place Of Incident: India.
Judgment Date: 19-06-2020.

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