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The Supreme Court on Thursday highlighted the need for the Union government to start preparations for oxygen allocation to the States, its supply and distribution, ahead of a third wave of the Covid-19 pandemic. The court drew the attention of the government to reports that children may be affected in the next wave.

A Bench of Justices D.Y. Chandrachud and M.R. Shah said the government needed to finalise a formula for allocation, supply and distribution of oxygen in a “scientific manner” ahead of the coming wave. It said the “rough-and-ready” formula devised presently on the “oxygen-for-bed” arrangement would hardly work. The current formula of allocating oxygen to Delhi, for example, on the basis of the number of ICU/non-ICU beds grossly underestimated need for oxygen in the National Capital.

“Also, not everyone who went to a hospital required an oxygen bed and not everyone required ICU or ventilator. There are many who have been asked to stay at home and quarantine,” Justice Chandrachud said, picking loopholes in the formula.

The court said the formula for allocation and distribution of oxygen among the States should be based, among other things, on an “oxygen audit,” that is, to determine the actual need of oxygen in a State.

“We need to reassess the basis for oxygen allocation. We are in stage two of the pandemic. Stage three might have very different parameters… But, if we prepare today, we will be able to handle stage three. It is about proper allocation of oxygen and working out the modalities, including proper distribution. A buffer stock has also to be created,” Justice Chandrachud pointed out.

Solicitor General Tushar Mehta, while informing the court that 730.7 MT (metric tonnes) of oxygen was received in Delhi on Wednesday as directed by the Bench, agreed that a “minimum fault prone formula” for oxygen supply, allocation and distribution was the need of the hour. The government agreed to revisit the formula.