Proposing a temporary prohibition on the sale of cigarettes and bidis during the pandemic, the Bombay High Court, on Thursday, requested responses from both the Central and state governments. The court sought relevant data on Covid-19 patients with a smoking addiction. Emphasizing that the virus affects the lungs and weak lungs are more severely impacted, the court expressed the opinion that the governments should consider such a ban.
The Maharashtra government was also directed by the court to take all necessary measures to ensure the availability of Remdesivir for Covid-19 patients. It stressed that patients or their relatives should not face difficulties in obtaining the drug. The judges underscored the importance of citizens strictly adhering to prescribed measures and Covid-19 protocols.
During Thursday’s hearing of the Public Interest Litigation (PIL) focusing on effective Covid-19 management, the court extensively deliberated on the matter. The detailed order, however, was made available on Friday.
Expressing concern about whether Covid-19 patients with critical conditions were smokers, the High Court noted, “… it is by now well-known that the Covid-19 virus affects the lungs and weak lungs are affected more severely.” Noting the absence of information on the impact of Covid-19 on smokers from the Centre or state government, the bench added that if this is a critical health issue, measures should be taken to ban the sale of cigarettes and bidis during the pandemic.
The directions were issued by a division bench comprising Chief Justice Dipankar Datta and Justice Girish S Kulkarni in response to a PIL filed by Mumbai-based lawyer Sneha Marjadi. The PIL, represented by advocates Simil Purohit and Arshil Shah, raised concerns about insufficient facilities violating fundamental rights, including the right to life and personal liberty under Article 21 of the Constitution.
The court, expressing distress over the scarcity of Remdesivir, attributed it to the sudden surge in cases during the second wave. It ordered the direct availability of Remdesivir to patients at hospitals or Covid centers and appointed a Nodal Agent with a helpline number to facilitate the drug’s supply. The court mandated the operation of the helpline number 24 hours a day.
Other directions included the establishment of a portal and helpline number for bed availability in all hospitals, consideration of permissions for additional Covid testing laboratories, and measures to increase and regulate oxygen supply to hospitals, with a mechanism to identify specific needs at different locations.
