The Supreme Court on Wednesday said that courts cannot presume that all deaths due to COVID-19 in the second wave of the pandemic were due to negligence as it refused to entertain a plea seeking compensation for the kin of the victims by treating it as medical negligence.
A bench of Justices DY Chandrachud, Vikram Nath and Hima Kohli asked the petitioner Deepak Raj Singh to approach the competent authorities with his suggestions.
The bench said, To assume that each death due to COVID-19 took place due to negligence is too much. The second wave had such an impact across the country that it cannot be presumed that all deaths happened due to negligence. Courts cannot have a presumption that all Covid deaths happened due to medical negligence, which your petition does.
The top court referred to a recent verdict of June 30, in which it had directed the National Disaster Management Authority to recommend within six weeks appropriate guidelines for ex-gratia assistance on account of loss of life to the family members of persons, who died due to COVID-19.
It said, in that verdict the court has taken a view with regard to humanity and not due to negligence. The government is yet to come out with the policy. If you have any suggestion with regard to implementation of that policy, you can approach the competent authority.
At the outset, advocate Sriram Parakat, appearing for the petitioner, said that his petition is different as it brings into account an element of negligence and compensation for the deaths which have happened due to medical negligence.
The bench noted that since the petition was filed in the month of May, a lot of developments have taken place.
We have taken suo motu cognizance on Covid preparedness and a National Task Force has been constituted by this court which is looking into several aspects, the bench said.
The bench further told Parakat that, It was such a wave that it affected the entire country and the court cannot make a general presumption of medical negligence.
The top court, while disposing of the petition, asked the petitioner to withdraw his plea and amend it and if any suggestions are there, then the petitioner can approach the competent authority.
J&K Sees a Huge Jump in Positivity Rate Since Mid-August
Coronavirus cases in Srinagar have shown over a two hundred per cent increase since mid-August as the positivity rate has gone up from 0.5 per cent to 1.34 per cent, reveals official data. This massive jump in positivity rate comes when reports of violation of COVID Appropriate Behavior (CAB) pour in from different areas of the district.
Nodal Officer COVID mitigation Srinagar Owais Mushtaq said that the positivity rate has jumped from 0.5 per cent to 1.35 per cent since mid-August this year. He informed that Srinagar has 773 active cases, 54 are under hospital quarantine, and the rest are in-home quarantine.
The district administration maintains records of the COVID19 cases daily, and then the data is also used to culminate records to assess the COVID19 situation. In just seven days, Srinagar reported 474 positive cases, the highest among all-district. Moreover, the daily data issued by authorities reveal that Srinagar has said the highest number of cases among all districts of Kashmir during these seven days.
The medical experts believe that the main reason for the spread of infection is the delta variant coupled with non-adherence to CAB. Mushtaq stressed that CAB is a must to avoid or minimise the predicted third wave of coronavirus. “Most of the people are seen without facemasks in markets and public transport. At some markets, social distancing is also going for a toss,” he said.
India reports 26,964 cases of COVID-19, active tally in country lowest in 186 days
India logged 26,964 new coronavirus infections taking the total tally of COVID-19 cases to 3,35,31,498, while the active cases declined to 3,01,989, the lowest in 186 days, according to the Union Health Ministry data updated on Wednesday.
The death toll climbed to 4,45,768 with 383 fresh fatalities, according to the data updated at 8 am.
The active cases comprise 0.90 per cent of the total infections, the lowest since March 2020, while the national COVID-19 recovery rate was recorded at 97.77 per cent, the highest since March 2020, the ministry said.
A reduction of 7,586 cases has been recorded in the active COVID-19 caseload in a span of 24 hours.
As many as 15,92,395 tests were conducted on Tuesday taking the total cumulative tests conducted so far for detection of COVID-19 in the country to 55,67,54,282.
The daily positivity rate was recorded at 1.69 per cent. It has been less than three per cent for last 23 days. The weekly positivity rate was recorded at 2.08 per cent. It has been below three per cent for the last 89 days, according to the ministry.
The number of people who have recuperated from the disease surged to 3,27,83,741 and the case fatality rate was recorded at 1.33 per cent.
The cumulative doses administered in the country so far under the nationwide COVID-19 vaccination drive has exceeded 82.65 crore.
India’s COVID-19 tally had crossed the 20-lakh mark on August 7, 2020, 30 lakh on August 23, 40 lakh on September 5 and 50 lakh on September 16. It went past 60 lakh on September 28, 70 lakh on October 11, crossed 80 lakh on October 29, 90 lakh on November 20 and surpassed the one-crore mark on December 19.
India crossed the grim milestone of two crore on May 4 and three crore on June 23.
The 383 new fatalities include 214 from Kerala and 70 from Maharashtra.
A total of 4,45,768 deaths have been reported so far in the country including 1,38,616 from Maharashtra, 37,648 From Karnataka, 35,379 from Tamil Nadu, 25,085 from Delhi, 23,897 from Kerala, 22,887 from Uttar Pradesh, and 18,678 from West Bengal.
The ministry stressed that more than 70 per cent of the deaths occurred due to comorbidities.
“Our figures are being reconciled with the Indian Council of Medical Research,” the ministry said on its website, adding that state-wise distribution of figures is subject to further verification and reconciliation.
India records 26,115 new cases in 24 hours, a significant 13.6% dip from yesterday
According to data published by the Union ministry of health and family welfare, India recorded 26,115 new cases on Tuesday (September 21), thus reporting a significant dip in the daily tally of cases. Around 252 fatalities were also recorded in the last 24 hours, taking the death toll to 445,385.
These are some of the latest development for COVID as shared by the Ministry of Health:
– 81.85 Cr. vaccine doses have been administered so far under Nationwide Vaccination Drive
– Active cases account for less than 1% of total cases, currently at 0.92%; lowest since March 2020
– India’s Active caseload stands at 3,09,575; lowest in 184 days
– 26,115 new cases in the last 24 hours
– Recovery Rate currently at 97.75%; Highest since March 2020
34,469 recoveries in the last 24 hours increases Total Recoveries to 3,27,49,574
– Weekly Positivity Rate (2.08%) less than 3% for last 88 days
– Daily positivity rate (1.85%) less than 3% for last 22 days
– 55.50 cr Total Tests conducted so far
Meanwhile earlier, vaccinologist Dr Gangandeep Kang said local flare-ups that will be smaller and spread wider across the country may add up to form a third wave of the pandemic, but the scale will not be like before. In an interview with PTI over the COVID-19 situation in India, Kang said after the second wave, maybe a quarter of the country’s population continues to be susceptible to the virus. “So will we be able to achieve within that quarter the same numbers and the same patterns that we saw in the second wave? That I think is unlikely. What we will see is local flare-ups that will be smaller and spread wider across the country. Now if that will collect to form a third wave, that may happen if we have a lot of behaviour change around festivals, but the scale is not going to be anything like what we saw before,” she said.
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