(1.) This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL) seeks, (i) a direction to the Government of National Capital Territory of Delhi (GNCTD) to immediately establish a multiple testing laboratory at all the Government Hospitals wherein the identification test for Swine Influenza popularly known as Swine Flu / H1N1 can be conducted; (ii) a direction to the Union of India (UOI) and GNCTD to immediately provide public awareness and information to the public at large about the viral infection called Swine Influenza; (iii) a direction to the Lt. Governor, Delhi to in turn direct all the hospitals within the city of Delhi to keep the medicine for the treatment of Swine Influenza and to ensure that sufficient and required amount of this medicine in the form of tablet or injection is available with all the hospitals and nursing homes of Delhi; (iv) a direction to the UOI, GNCTD and Lt. Governor, Delhi to permit the medical shops to sell this medicine off the counter in response to a medical prescription being tendered; (v) a direction for immediate shut down of classes KG and Nursery to ensure that small children of Delhi do not get affected; and, (vi) a direction for providing "huge number of ventilators in all government hospitals to meet with the eventuality of number of patients coming to the hospital who are affected by Swine Influenza".
(2.) Though from the steps being taken by various governmental agencies to fight the epidemic of "Swine Flu" in the city, as was evident from the media reports, it appeared that the requisite efforts were being made but considering the fact that there were also reports of some deaths having resulted from Swine Flu, we entertained the petition and issued notice thereof.
(3.) GNCTD has filed an affidavit wherein, besides pleading information, clinical presentation, classification, surveillance, symptoms and transmission of the disease, it has informed that, (i) to contain H1N1 in Delhi, an Expert Committee was constituted to monitor the upsurge of H1N1 influenza, death audit, reviewing the preparedness in hospitals, districts, health centres, laboratories, logistics etc.; (ii) meeting of the District Surveillance Officers (DSOs) of the 11 districts was conducted on 10th January, 2015 to review the real-time preparedness of the hospitals under their jurisdiction regarding stock of medicines, Personal Protection Equipment (PPE), Hand Rub, Viral Transport Media (VTM), sensitization of doctors raising awareness etc.; (iii) 26 hospitals in the government and private sector have been designated for treatment and management of influenza patients; (iv) process of creating BSL 3 laboratories in Maulana Azad Medical College and University College of Medical Sciences and extension of new government labs is under process; (v) hoardings / metro panels, flex boards with information regarding seasonal flu including H1N1 have been affixed in all the Delhi government dispensaries / mobile health clinics cross Delhi; (vi) guidelines and specific Standard Operating Procedures were prepared and disseminated to all the Nodal Officers of identified hospitals, DSOs and Medical Officers of health facilities; (vii) regular monitoring and day to day analysis is being undertaken under the Integrated Disease Surveillance Project (IDSP); (viii) Press and media are updated regarding current status and measures being taken; (ix) continuous coordination is being maintained with National Centre for Disease Control (NCDC) and Emergency Medical Relief (EMR) Divisions of Directorate General of Health Services, Government of India for updates and change in guidelines of H1N1 influenza; (x) three more private labs at Sir Ganga Ram Hospital, Max Super Specialty Hospital and sequence referral lab have been given provisional permission for testing H1N1 samples; (xi) letters were written to all private laboratories to send five positive samples and two negative samples to the NCDC for quality control purpose; (xii) doctors and paramedical staff in all designated hospitals have been trained; (xiii) 1000 PPE kits were given to Rajasthan Government on loan basis for managing seasonal influenza; (xiv) Action Taken Report is being sent to EMR on daily basis; (xv) messages regarding seasonal flu are being regularly broadcasted; (xvi) directions had been issued for priority admission / treatment of influenza like illness in General Ward; (xvii) request for buffer stock of the medicines had been made; (xviii) DO's and DON'Ts were disseminated to all hospitals; (xix) list of designated hospitals and labs with Nodal Officers was uploaded on the Directorate of Health Services website; (xx) supply order of procurement of reserve stock of medicine had been placed; (xxi) medicines and PPE kits were distributed to all hospitals as per demand; (xxii) permission had been extended to all hospitals having more than 100 beds with ventilator for treatment of H1N1; (xxiii) adequate stock of medicines were being maintained at Directorate of Health Services (DHS) Headquarters; (xxiv) adequate stock of Sample Collection kit, VTM, PPE, Masks, 03 layered Surgical Masks, Hand Rub etc. are available at designated hospitals; (xxv) private labs were sensitized to perform test only on category "C" patients so that unnecessary tests are avoided; ceiling amount for testing H1N1 was / has been fixed at Rs.4,500/-; (xxvi) awareness campaign had been lodged in print and electronic media; (xxvii) Drug Controller, GNCTD is consistently in touch with the chemists in the city and there is no shortage thereof; (xxviii) licenses had been issued to 40 more chemists for sale of the said drug to remove the panic regarding non-availability of drug; (xxix) continuous meetings are being conducted to ensure compliance of all the directions; and, (xxx) action is being taken with respect to all the defaulting persons / institutions.