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PIL filed in Delhi HC, seeks direction to State Govt to frame guidelines for Hospitals to create O2



Delhi resident Mr. Jaswinder Singh Jolly has filed the plea through his Advocates Naginder Benipal and Harpreet Singh Hora before the Delhi High Court wherein it has been stated that there should be guidelines for hospitals to create “Oxygen Master Plan” including mandatory directions to hospitals to have their own Oxygen Plants as a licensing requirement for hospital, arrangement of Oxygen tankers, Uninterrupted Oxygen supply points, Oxygen ambulances.


Advocate Harpreet Singh Hora stated that several hospitals in Delhi charge an enormous amount of fee from the patients in the name of treatment but it is shocking that the hospitals ask the patients or their attendants to give undertaking for arranging oxygen cylinder/supply for the respective patient and when it comes to have their own medical Oxygen for their patients, all the hospitals have to offer is mere assurances and they look towards external Oxygen suppliers or the governments.


The Delhi High Court and the Bombay High Court have also in the recent hearings have remarked that the Hospitals must have their own oxygen plants but the government does not have any such licensing requirement and thus, the hospitals do not have their own oxygen plants.


It has been stated that there are regulations and policies for Facilities Offered, permits, Electricity and water, sewage, biomedical Waste, fire and Health License, Employment of employees (Doctors, Nurses, Pharmacists) after proper credentialing, FSSAI license for operating a kitchen etc. but no policy is in place for hospitals to have their own oxygen plants/tankers/ambulances.


The Petition mentions that 28 private hospital operators in Indore have agreed on the need to setup an oxygen plant & gave in principal acceptance to the Madhya Pradesh water resource minister’s proposal of the same. The state government of West Bengal has announced that it has decided to set up liquid medical oxygen tanks in several state-run medical colleges and 55 oxygen plants in government hospitals. On 04.05.2021, it was reported that “The Covid Care Centre at Delhi's Commonwealth Games Village” will soon become the first such centre to have its own oxygen plant.


Thus, guidelines for “Oxygen Master Plan” including mandatory directions to hospitals to have their own individual Oxygen Plants, Uninterrupted Oxygen supply points, Oxygen ambulances etc. are necessary in the hospitals of Delhi.


The Delhi High Court shall hear the matter on 11th May 2021.

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