The Ministry of Home Affairs (MHA) has issued an order precluding states from obstructing or withholding oxygen supply to other states in the face of acute oxygen shortage being faced by many states including Delhi.
The order issued by Home Secretary Ajay Bhalla states, “No restriction shall be imposed on the movement of medical oxygen between the States and transport authorities shall be instructed to accordingly allow free inter-state movement of oxygen carrying vehicles.” The order has been issued under the Disaster Management Act which means that any non-compliance would invite penalty. Under Section 51 of the Act, anyone refusing to comply with orders is liable for punishment with imprisonment up to one year, or fine, or both
This concern of oxygen tankers being held up at state borders was repeatedly raised in Delhi High Court by the counsel representing the Delhi government. The counsel had stated that despite the Centre increasing the allocation of oxygen to Delhi, it was not receiving the sanctioned amount as the oxygen tankers were being held up at state borders thus worsening the predicament of hospitals in the National Capital Territory. On April 21, the Delhi High Court compelled the Centre to state that it would ensure safe and secure passage of oxygen tankers to Delhi.
This order from the Ministry of Home Affairs comes on the heels of this Delhi High Court order directing the Centre to take up the responsibility. The order states that no restrictions can be imposed on “oxygen manufacturers and suppliers to limit the oxygen supplies only to the hospitals of the State/ UT in which they are located”.
“There shall be free movement of oxygen carrying vehicles into the cities, without any restriction of timings, while also enabling inter-city supply without any restriction. No authority shall attach the oxygen carrying vehicles passing through the district or areas for making supplies specific to any particular district(s) or area. …States/UTs shall strictly abide by the supply plan of medical oxygen prepared by EG II (Empowered Group II) and as revised from time-to-time,” the order says.
The onus of implementing the order is upon district magistrates and senior superintendents of police and SPs holding them personally liable for any non-compliance.
The order may be read here:
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