Prof K Nageshwar: Why Ire Over High Court, Tackle COVID-19?

The KCR government seems to be visibly angry over high court repeatedly censuring it on measures to tackle pandemic in the state, especially in Hyderabad. But the state government cannot be oblivious to the fact that the court was simply expressing the visible anger and angst over the rapidly spreading infection.

Perhaps, the state government is justified in its concern that its health department officials including even the hospital superintendents have to spend lot of time in attending to courts and preparing for the judicial process. But, the government should realise that judicial activism is the result of executive lapses. The Constitutional scheme of things does not entail executive preponderance, but, instead envisage checks and balances.

Instead of fuming over judicial pronouncements, the time has come for the government to take stock of its measures. The claims that Telangana has a lower death rate and a pandemic is a global phenomenon do not suffice to placate the concerns of the common man caught in the raging pandemic.

The high court has clearly identified four significant short comings in government’s handling of COVID-19.

First, not just the court , the opposition and the citizenry alike were long expressing concern over the inadequate testing in the state even as compared to neighboring Andhra Pradesh. The world wide experience suggests that the first step to contain the spread of the pandemic is to test, trace and treat. The World Health Organization (WHO) has in fact recommended Test, Test, Test right from the beginning. Therefore, High Court orders to ramp up tests cannot be faulted.

Second, the court repeatedly pointed out at the lack of transparency in the data. The court indicated at the gaps in the data that would not augur well for the state’s fight over the Pandemic. The Science of Epidemiology clearly emphasizes the need for transparent data in the fight against the Pandemic. How can one find fault with the court for reemphasizing something which every epidemiologist is telling.

Third, the court referred to lack of beds, critical care facilities. The government claims adequate facilities of all kinds. But, anecdotal evidence from the ground does not dismiss the concerns expressed by the court.

Finally, the court expressed concern over uncontrolled pricing in the private health care industry. It is true that the government stipulated prices are simply unmanageable for the private hospitals. There is no use in fixing unrealistic prices. The demand to include Covid 19 in Arogyasri cannot be an irrational demand especially during Pandemic.

Thus, instead of getting furious over judicial pronouncements and restless over opposition criticism, the right course of action would be to evolve and execute a robust plan to tackle the menacing situation. The state of denial will not help either the people or the government.

By – Prof K Nageshwar