COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT petition is filed in public interest by common cause (a registered society) seeking direction from this court to issue a writ in the nature of mandamus directing the respondents to install close circuit cameras and sound system in ICU's in Government Hospitals.

(2.) IT is averred in the petition that petitioner society has been taking up common problems of people for securing redressal thereof. It is averred that present petition is filed for installation of close circuit monitors in ICUs in hospitals so that there is check on the activities of hospital staff working there and conditions of patients in ICU is monitored properly. It is alleged that patient in ICUs are generally in critical conditions and require proper monitoring by nurses and their family members. It is alleged that by installing close circuit monitors there will be a proper check on the conditions of patients. Further, medical superintendent and Heads of Departments in each of the ward can observe their staff and note their performance. It is alleged that unconscious and traumatized patients in ICU's Units are unable to convey their message to nurses for their needs and from the point of view of safety of patients, close circuit cameras and sound system should be installed in government hospitals so that these patients can be looked after properly. It is further stated that family members and relatives of the patients admitted in icus are not allowed to visit inside to avoid infections as a result of which they are not in a position to know about the progress of their patients and if in ICUs, CCTV camera are installed their problems will also be solved. It is further averred that by means of close circuit cameras condition of each patient can also be closely monitored.

(3.) IN response to above petition, counter affidavit of Dr. (Mrs.) B R Sawhney chief Medical Officer, Directorate General of Health Services, Government of india, Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi on behalf of Union of India/respondent No. 1 is filed wherein it is stated that the Union of India has already decided to install CCT Vs in strategic location in three central Government Hospitals, namely Safdarjang Hospital, Dr. Ram Manohar Lohia hospital and Lady Hardings Medical College and Associated Hospitals, New Delhi, in order to observe the flow of patients and also to ascertain and to keep vigil on the activities of the hospital. Some of the locations where it has been decided to install CCTVs are departments/wards including administrative block, ms Office, HOD Offices, corridors, OPD blocks etc of the aforesaid hospitals. The work in this regard have already been awarded to CPWD which is likely to be completed during the current financial year. As regards installation of CCTVs in ICUs are concerned, it is stated that ICU is an highly critical area wherein ratio of nurse : patient and doctor : patient is much higher as compared to general wards. The supervision by senior doctors is also rigorous in ICUs. Besides, there are warning systems in these ICUs connected to critical patients to alert the staff in case of change in the condition of those patients. It is averred that there is an adequate check on the activities of hospital staff and conditions of patient in the ICUs. It is further stated in the counter affidavit that the relatives/family members of the patients are allowed to enter the ICUs after properly briefing them the conditions of their patients from time to time. It is further averred that visual impression on the monitor by non medical person can sometimes be misleading and can in no way substitute the report by the ICU staff which is based on clinical and other parameters. It is further stated that monitors are already existing with each ICU bed for monitoring the condition of the patients. It is stated that it would be more appropriate to be more vigilant and to provide personal care to the patients in icu instead of monitoring through CCTVs.