COVID-19 - A Global Pandemic; A Selfish Opportunity for many.

Introduction:

COVID-19, a Global Pandemic which has brought the whole world to its knees.

The people are forced to run from pillar to post for the arrangement of medication, oxygen, hospital beds, etc and whatnot.

The list goes on and on.

Almost every country on the globe has fallen prey to this lethal virus and the number of people testing positive for COVID-19 in the Second Wave is on the charts!

Whilst some people were combating this pandemic, some saw this as a selfish opportunity by cashing on some else's misery amid these challenging times.

Problems:

1. Shortage of resources

2. Black Marketing is done by some

3. Unavailability of Beds in Hospital due to a large number of patients

4. No Income for many

5. A new fungal infection has popped up.

THE LIST IS ENDLESS!

However, one of the paramount concerns during the outbreak of this lethal virus was or is the acute shortage of elemental medical facilities.

As we all are well aware of the fact that, a high number of COVID-19 positive patients are present and in a country that is densely populated (approximately one-thirty crore people), these basic facilities were not available to every person.

However, the colossal concern is the hoarding of these medical supplies!

Instead of supporting and helping everyone in this Pandemic, some people are so selfish and greedy that they have been looking upon COVID as a rapacious opportunity.

It has now become a common occurrence, wherein, and people are forced to buy medical supplies at an extravagant rate, so as to enable them to save the lives of their loved ones.

We are facing such disastrous conditions and are in the middle of a pandemic, but even then the practice of the black market exists.

It is not the case that we do not have enough facilities available but the fact that black markets exist to get hold of these facilities and supplies.

This itself means that unauthorized use of these facilities has been in occurrence which in return are violating basic human rights by harassing people in an inhuman manner and compelling them to empty their pockets whether they have such kind of money or not.

And at this juncture, there is a shortage of medicine not only at the Hospitals located in Indore (including Government and Private Hospitals) but also at the chemist shops, and the consequences of which can be clearly seen in the increased mortality rate.

What can be done if you encounter this problem again?

In a state, Drug Controller is basically appointed to make an adequate supply of medicines and to put check on the black marketing of such medicines and that too in a situation like the present one, where the majority of people are not getting the life-saving drugs, like Remdesivir, Toci, Amphotericin, etc., and other related medication.

Under the Essential Commodities Act and the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980,

1. The District Magistrate,

2. The Commissioner of Police,

3. Secretary of the concerned department in the State/UT or any other authority notified by the State,

4. District Police Superintendent may be sent/submitted such complaints.

5. The Director General of Police,

6. Chief Secretary of the State, may also be sent/submitted such complaints.

What is the possible punishment for a person found doing these practices?

An offender under the Essential Commodities Act, 1955 may be punished with imprisonment up to 3 months which can be extended to 3 years or fine or both, and under the PBMMSEC Act, he/she can be detained for a maximum of 6 months.

Which commodity is to be termed as an essential commodity?

A commodity included in the schedule to the Essential Commodities Act, 1955 (EC Act) is an essential commodity under the Act and for the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (PBMMSEC Act).

Whether all essential commodities are covered under the stock limits and hoarding?

No, for the purpose of terming a particular item/stock as hoarding the State Government has to issue stock limits orders under the EC Act. Any quantity of a commodity covered in the order kept in violation of that order is termed as hoarding. If no stock limits are imposed, there is no question of hoarding in that commodity.

Some suggestions:

1. All the State Government's should ensure deployment of at least 1 Nodal Officer at all the COVID-19 Hospitals/Centres, who shall be responsible for procurement of required medicines, in a time-bound manner, for their respective Hospitals.

2. The State Government can issue appropriate directions to all COVID-19 Hospital/Centres to submit the up-to-date stock of the required medication on daily basis to the concerned Nodal Officer.

3. COVID-19 Hospitals/Centres shall ensure that appropriate requisition slips seeking procurement of COVID-19 medication are submitted with the concerned Nodal Officer at least 3 days before the exhaustion of the existing stock of medicines to enable him to procure the said medicines in a time-bound manner.

4. All the State Government's shall ensure that all the pharmacies of COVID-19 Hospitals are provided with an adequate supply of the required medication for the treatment of COVID-19 patients admitted in the Hospitals.

5. The Local Administration and the Hospital Management must ensure that the family members of the COVID patients are not made to run from one pharmacy to the other pharmacy to locate the availability of the requisite medication.

6. All the State Government's shall ensure that the Covid-helpline numbers are in operation for 24 hours.

7. The State Government's along with the local police ought to take timely and strict actions against black-marketing of COVID-19 medicines.

Conclusion:

The right to health is an integral part of the Right to Life enshrined under Article 21 of the Constitution of India and thus, it is the bounden duty of the State under Article 38, 39(e), 41, and 47 of Part IV of the Constitution to ensure that the citizens of this country are provided with proper medical facilities and health infrastructure.