STATEMENT OF FACTS

(Surana and Surana Moot)

The Union of Indus is a Socialist, Secular, Democratic Republic. It adopted its constitution in
1950 after getting freedom. The members of its drafting committee were greatly influenced by
UDHR, 1948 and adopted many provisions from it. The Constitution of Indus has made
distinction between justiciable and non-justiciable rights however, Supreme Court established
that there is no inherent conflict between these rights.

The subject of the "public health and sanitation, hospitals and dispensaries" given under the State
List" in Schedule 7 of the Constitution. the 15th Finance Commission Report, 2017,
recommended that the subject of "public health" should be shifted to the Concurrent List.

The years 2019-20 and 2020-21 witnessed an outbreak of a deadly Coronavirus Disease known
as Covid-19, following which the Government of Indus imposed a nationwide lockdown. The
coronavirus outbreak resulted in a health crisis in the country, and the country's flawed
healthcare system was exposed to the public at large.

The Constitution of Indus recognized the Right to Health as an integral part of the Right to Life
under Article 21 of the Constitution. The right to health care and protection has been recognized
since the independence of the country. The Supreme Court of Indus from time to time has
established that the right to health is inherent to a life with dignity, and Article 21 should be read
with Articles 38, 42, 43, & 47 in order to ensure the effective realization of this right.

The Parliament of Indus adopted the Epidemic Diseases (Amendment) Ordinance, 2020, which
amended the Epidemic Diseases Act, 1897. The Ordinance amended the Act to include
protections for healthcare personnel. Also, Disaster Management Act, 2005 gives the power and
responsibility to the State of Indus with regard to management and control of any disaster.

Indus has approximately five hospital beds for every 10,000 people. The Government of Indus
decided to set up "Covid Recovery Facilities" to provide medical care to covid patients. The
Government set up one such Covid Recovery Facility at Badlapur, a state of Indus. Besides that,
Government engaged a company called HealthONE who was tasked with ensuring an adequate
supply of required medical infrastructures and consumables.
In the beginning of 2020, the cases of Covid-19 saw a dip, and the first wave of the Coronavirus
seemed to come to an end; therefore, normalcy resumed, causing the covid-19 cases to surge
again exponentially.

Mr. Thupden is a 50-year-old male who works as a driver infected with the Covid-19 virus.
Unfortunately, the Covid Recovery Facility at Badlapur ran out of oxygen on midnight of July
7th, 2021; Thupden and seven others admitted in the Covid ward lost their lives due to the lack
of oxygen supply. After the death, Mr. Chetri, son of Mr. Thupden, issued by hospital authorities
a 22-page bill of Rs. 20 Lakh for his father's treatment.

He and seven others instituted a suit against the State and HealthONE before the Badlapur High
Court seeking compensation of Rs. 10 crores against the State and HealthONE on the ground of
medical negligence and failure to perform statutory duty by the State.