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Supreme Court established a National Task Force to ensure transparent oxygen allocation throughout the country

Dated: May 08, 2021

                                                                                                                                                            - by Megha Bhatia

The Supreme Court on May 8th, 2021 has established a 12-member National Task Force (NTF) to facilitate public health response to COVID-19 that is focused on scientific and specialized domain expertise.

The Court directed that the convenor of the NTF (which includes medical experts and doctors from around the world), be the Cabinet Secretary to the Union government.

The NTF will focus on topics such as streamlining oxygen distribution to various states, reviewing and proposing steps to ensure the supply of essential drugs and medications, and implementing corrective measures to ensure future emergency preparedness. 

A bench of Justices DY Chandradhud and MR Shah issued the order while stating that the formula should be discarded, and the issue of oxygen allocation should be revisited. A modern, more technically devised mechanism should address the current need for oxygen while still being versatile enough to meet “unforeseen demands due to emergencies which may arise within the allocated territories.”

The Court explained why the NTF is created, saying that having such a task force would allow decision-makers to get advice that goes beyond seeking ad hoc solutions to current problems.

The Supreme Court had previously expressed its displeasure with the Centre’s previous “oxygen-for-bed” formula. As the court put it, this “rough-and-ready” system was based on allocating oxygen based on the amount of ICU/non-ICU beds. The court, on the other hand, stated that the formula failed to account for the fact that many COVID-19 patients in desperate need of oxygen do not receive beds or were confined to home care.

At this time, it is necessary to consider the pandemic’s possible future trajectory. The Court emphasized that this would enable predicted potential needs to be scientifically mapped in the present and modulated based on experience.

“Estimating projected needs is crucial to ensure that the country remains prepared to meet future eventualities, which will cause a demand for oxygen, medicines, infrastructure, manpower and logistics. The establishment of the Task Force will provide the Union Government with inputs and strategies for meeting the challenges of the pandemic on a transparent and professional basis, in the present and in future,” the order said. 

The court stated that creating an advisory body or task force within the Central government apparatus “drawn of renowned national experts with diverse experience in health institutions” will promote a public health response to the pandemic focused on science and specialized domain knowledge. According to the court, decision-makers should go beyond cobbling together haphazard options focused on current issues. They must plan ahead for the future. The role of the task force will provide guidance and strategies to the Centre.

“We expect that the leading experts in the country shall associate with the work of the Task Force both as members and resource persons. This will facilitate a meeting of minds and the formulation of scientific strategies to deal with an unprecedented human crisis,” the court further explained.

The NFT is made up mostly of private health-care professionals, with the exception of two government officials and a former vice-chancellor. The NFT includes doctors such as Naresh Trehan of Medanta, Devi Prasad Shetty of Narayana Healthcare, and Devender Singh Rana of Sir Ganga Ram Hospital, among others.

The order comes when many high courts around the country are hearing pleas over oxygen scarcity in their respective states.

Mandate of NTF

According to the Supreme Court’s order, the National Task Force’s mandate is to:

(i) Evaluate and make recommendations for the whole country based on medical oxygen demand, supply, and distribution; 

(ii) Develop and implement a technical, fair, and equitable approach for allocating medical oxygen to states and UTs;

(iii) Make recommendations for increasing usable oxygen sources based on current and anticipated demand during the pandemic; 

(iv) Make proposals for periodic analysis and revision of allocations in light of the pandemic's stage and impact; 

(v) Assist sub-groups within each State and UT in conducting audits to determine, among other things:

(a) whether the Union government's supplies are sent to the concerned State/UT; 

(b) the efficiency with which delivery networks distribute products to hospitals, health-care facilities, and other organizations; 

(c) whether the available stocks are delivered using an effective, transparent, and competent system; and

(d) responsibility for the use of oxygen supplies allotted to each state or territory; 

(vi) Examine and recommend steps to ensure the supply of critical medications and medicines; 

(vii) Plan and implement corrective actions to ensure preparedness for current and future emergencies that can occur during the pandemic;

(viii) Facilitate the use of technology to ensure that available manpower is optimized for implementing creative solutions, especially in order to reach out to rural areas with expert medical care; 

(ix) Make recommendations for ways to increase the number of qualified physicians, nurses, and paramedics, including the establishment of appropriate incentives;

(x) Encourage evidence-based studies to improve pandemic response effectiveness; 

(xi) Foster awareness about pandemic control and treatment of cases around the country by facilitating the dissemination of best practices; and 

(xii) In general, to make recommendations on other urgent national problems in order to identify successful pandemic responses.

The matter will he heard again on May 17.