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| We hope govt would prepare itself in advance to face third wave, if any: DB | | | EARLY TIMES REPORT
JAMMU, June 10: A Division Bench (DB) of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul while hearing a Suo-Moto Public Interest Litigation (PIL) of Covid, hoped that the Government would prepare itself in advance to face the third wave, if any.
And for that purpose care should be taken to vaccinate each and every citizen at the earliest, by carrying out fresh drive institution-wise so that if anyone has remained unvaccinated he is also covered, DB added.
DB directed that the Government may also ensure establishment of oxygen generation plants, as observed earlier, in every Government and allied hospitals or at any other place deemed fit and proper. At the same time temporary arrangements so far made may not be completely dismantled and may be kept in readiness for future.
When the PIL came-up for hearing, Division Bench observed that one of the miscellaneous application i.e., IA No.4526/2021 filed by Balvinder Singh through Dinesh Singh Chauhan, Advocate, inter alia prays that as no post-mortem or autopsy is necessary on account of death due to Covid-19, the dead body should be handed over to the next of kin of the deceased, the face of the deceased be allowed to be seen by the relatives and they be permitted to perform rituals such as sprinkling of holy water etc before cremation.
DB observed that the Government of India, Ministry of Health and Family Welfare, Directorate General of Health Service (EMR Division), has issued Covid-19 Guidelines on dead body management. The said guidelines inter alia provides for standard precautions to be followed by health care workers while handling dead bodies of Covid patients; the manner of removal of the dead body from the isolation centre; handling of the dead body in Mortuary; transportation and cremation. It inter alia provides that ordinarily autopsy on Covid-19 dead bodies is not necessary and for special reason if it is to be performed, the procedure prescribed has to be followed. It provides that the dead body should be secured in a body bag and its handling should follow standard precautions and the vehicle after transfer of the body to the cremation/ burial place be decontaminated with 1% Sodium Hypochlorite. The cremation/ burial ground including the staff should be sanitized and the staff should take all standard precautions of hand hygiene, use of masks and gloves. The cremation/ burial is supposed to be in the presence of the close relatives and that the viewing of the face of the body by unzipping or opening the body bag is permissible so that the relatives may not only see the body for the last time but perform rituals such as reading from religious scriptures, sprinkling of holy water and other last rites that does not require touching of the body. However, bathing, kissing, hugging of the dead body would not be allowed. Since the ashes do not pose any risk, they can be collected for performing any other rituals or the last rites.
DB disposed of the application expressing hope that the authorities will strictly follow the above guidelines and would not cause any harassment to the next of kin of any person dying due to Covid-19 in viewing the face of the deceased and in allowing them to perform the last rites in the manner laid down.
DB further observed that since large number of applications by all and sundries were being moved raising grievances and making suggestions, the court on the last occasion directed that all such applications/ grievances and suggestions be routed to the learned Advocate General via the Amicus Curiae, who would take up the matter with the Government and report thereafter.
In pursuance, the Advocate General DC Raina assisted by AAG Aseem Sawhney has filed affidavit of Atal Dulloo, Financial Commissioner, Health & Medical Education Department, Civil Secretariat, Jammu on 31.05.2021 comprehensively stating the actions taken by the Government with regard to Covid-19 pandemic in the Union Territory of Jammu & Kashmir.
DB further expects that all applications or grievances may first be considered at the level of the Advocate General to enable him to file proper response. (JNF)
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