SAVING SOMEONE, LETTING SOMEONE DIE

COVID-19 Pandemic: The irresolvable dilemmas of the policy-maker.

COVID-19 Pandemic: The irresolvable dilemmas of the policy-maker.

The Supreme Court has directed the Government of India to frame a hospitalisation policy, in wake of the COVID-19 pandemic.

I am waiting to see whether or not under these peculiar circumstances, this policy can do justice to the Articles 14 and 21 of the Constitution of India. No, it is not about “rational differentia”, although the broad objective sought to be achieved is the same — save maximum number of lives.

But the moot point is, whose life to save first. Whom to give preference to, when the resources are extremely stretched? A sitting Supreme Court Judge or his court clerk? One who has been vaccinated or the one who has not been? A senior IAS officer or an office peon attached with him? A Member of Parliament or his ordinary voter? An under-trial prisoner or the jailer? An old man or his young daughter-in-law? A tycoon who is willing to pay anything or his domestic help who is virtually penniless?

I think you got the gist. A Religious Seer or his new disciple? A private hospital-owner or a young nurse working there? A doctor of a premier institution or a cleaner of the ward? A decorated War Hero or a young lieutenant?

We cannot afford to have a queue — making someone wait would be a virtual death sentence. Can we have a draw of lots? It obviously cannot be first-come, first-served?

Insurance companies and Motor Accident Claims Tribunals have been putting a price-tag on a human life lost. There are well-established norms. But these cannot guide us here, especially when time is of the essence. Matter of minutes, even seconds is the difference between life and death.

I don’t know anywhere in the world, at time in the history, where there has been an occasion for policymakers to propose or frame such a policy that would address, answer and respond to these dilemmas-dilemmas involving life and death. I am really waiting to see — I really don’t have an answer. Only doubts, only questions.

What are your thoughts? What would you do?

KBS Sidhu, IAS

kbs.sidhu@gmail.com

4th May, 2021

Chandigarh, India.