HC asks govt to treat, dispose biomedical waste of COVID-19 patients as per guidelines

Syllad | The Rising MeghalayaMay 5, 2020

The Meghalaya High Court has directed the state government to adhere to the rules and guidelines for treatment and disposal of biomedical waste of COVID-19 patients.

Hearing a PIL on Tuesday, the bench comprising of Justice HS Thangkhiew and Justice W Diengdoh said, “However, the respondents in the treatment and disposal of biomedical waste of COVID-19 patients is expected to adhere to the Bio-Medical Waste Management Rules, 2016 read with the guidelines for Handling, Treatment, and Disposal of Waste Generated during Treatment/Diagnosis/Quarantine of COVID-19 Patients issued by the Central Pollution Control Board on March.”

The PIL was filed by the High Court of Meghalaya Bar Association. During the hearing, counsel K Paul  has raised the issue of disposal of bio-medical waste of COVID-19 patients and also the unavailability of helpline number for nonmedical emergencies.

He said that the disposal of the medical waste of COVID-19 patients in the electric crematorium is in violation of the BioMedical Waste Management Rules of 2016, and that the use of this facility for this purpose restricts its availability for the public, inasmuch as, the timings have been fixed only from 3 pm to 9 pm for use by the general public.

The Association through its president and senior counsel, SP Mahanta has also termed the measure for deferment in the payment of a small portion of the salary for the months of April to August to government employees is unwarranted.

He said that similar action which has been taken by the Government of Kerala has since been stayed by the Kerala High Court.

Advocate General A Kumar however prays that the Court take no cognizance of the same and that the matter can only be agitated by the affected persons that is, the government employees.

Agreeing with Kumar, the bench said, “As regards the additional affidavit on the deferment of salary, we are in agreement with the submissions of the Advocate General that it falls outside the scope of the present PIL and the same can only be entertained if brought by affected persons. No further directions are called for at this stage.”

In response to the suggestions furnished by the petitioner Association, the State respondents have today filed a detailed reply as to the measures taken to tackle the issues arising out of COVID-19 in the State of Meghalaya.

The status report has touched upon the supply of PPE’s kits, mask, disinfectants and other equipment such as ventilators which were an urgent necessity.

Mention has also been made with regard to testing facilities which have been ramped up by the government by way of deployment of additional machines and also samples that have been sent outside the State to enable results in the shortest possible time.

The other aspects touched upon by the status report, is exhaustive, and it documents the steps taken in other areas by the State Government to combat this pandemic.

Mahanta said that as the status report has just been served upon them on 04.05.2020 itself, some time is required to examine the same. He also requested that he may be allowed to file an affidavit in reply to the status report.

The bench accordingly allowed the petitioner Association to reply by way of affidavit on May 21,

Earlier, the Advocate General in reply to the submissions made by the counsels for the petitioner’s Association strenuously contends that the state government is doing all within its capacity to fight and contain the virus and that all necessary protocols are being observed, implemented and enforced.

He submits that the petitioner Association have still to bring on record any substantial materials based on cogent facts and that the submissions and arguments made are only on the basis of unverified newspaper reports and that the petitioner Association has not obtained any further information on the incidents so reported, as also to the steps taken by the government in this regard.

He added that on the suggestions given by the petitioner Association, the steps taken and systems that are in place have been highlighted in the status report, which reflects the commitment and resolve of the Government in alleviating the hardships faced by the general public.