SC seeks Centre's reply on plea to ensure adequate life support facilities in ambulances

The Supreme Court has sought responses from the Centre and others on a petition seeking directions to enact and implement a framework to ensure that adequate life support facilities are maintained in ambulances at all times.

The apex court agreed to hear the plea which has also sought directions to establish an independent committee to conduct a review of current actual status of the operation, maintenance and regulation of road ambulances to identify the gap between the ground reality and the existing standard operating procedures.

"Issue notice, returnable in four weeks," a Bench of Chief Justice B R Gavai and Justice K Vinod Chandran said in its October 10 order.

The plea has arrayed the Centre, the ministry of health and family welfare and ministry of road transport and highways as party respondents.

Senior advocate Percival Billimoria and advocate Jasmine Damkewala appeared for petitioners Saiansha Panangipalli and Priya Sarkar.

Panangipalli is the daughter of eminent cardio-thoracic surgeon Dr P Venugopal, who was a former director of the All India Institute of Medical Sciences (AIIMS). Sarkar is Venugopal's wife.

"The petitioners realised the woeful inadequacy of emergency facilities in ambulances when Dr P Venugopal himself succumbed on the way to the hospital emergency room, due to the abysmal lack of emergency life support facilities in the ambulance, being consequently being deprived of oxygen," the plea said.

It said the petitioners do not wish to engage in adversarial litigation but have subsequently found that lack of adequate emergency resources in ambulances across India is a huge concern owing to the absence of enforceable regulation.

The plea said many lives, which could have been saved, were lost unnecessarily because ambulances were unable to supplement emergency services at hospitals, in terms of the lack of necessary life-saving facilities.

It said the 16th common review mission report of the ministry of health and family welfare under the National Health Mission had noted the inadequacies and mismanagement in ambulances of all states.

It said the report highlighted various infirmities in operation of ambulances in India and provided a detailed state-wise analysis on the condition of road ambulances.

The plea said in December 2023, the NITI Aayog had released two comprehensive reports which highlighted the spectrum and load of emergency cases and brought out the prevailing gaps in ambulance services, health infrastructure, human resources and equipment in the provision of optimal care.

The plea said the reports of NITI Aayog identifies the gaps in the operation of road ambulances in India and specifically, highlights issues, including that 90 per cent ambulances were being run without proper equipment and basic facilities such as oxygen.

It said inadequate equipment and facilities in an ambulance enhances the possibility of premature death in transit or at least reduces the possibility of a full recovery from a serious ailment, which is violative of the fundamental right to life.

The plea said even though some states prescribe pre-conditions for registration of ambulances, there was no mechanism to either monitor or enforce this requirement once the vehicle was registered.

It has sought directions to authorities concerned to "enact and implement a framework to ensure adequate life support facilities are maintained in ambulances at all times, which facilities should include a list of necessary equipment, supplies and emergency medication".

Besides other prayers, the plea has sought directions to the authorities to establish or continue with a telephone or online helpline facility for public to report complaints pertaining to inadequate or improper facilities in ambulances or overcharging, rash-driving, delay in arrival or reporting of other discrepancies.