Oxygen cylinder Law InsiderOxygen cylinder Law Insider

Lekha G

Owing to the acute shortage of medical oxygen in the country, the Union Ministry of Home Affairs has imposed a ban on use of liquid oxygen for non-medical purposes exempting nine categories of industries.

Under Section 10(2)(I) read with 65 of National Disaster Management Act, the Union Home Secretary ordered State Governments and Union Territories “To ensure that use of liquid oxygen is not allowed for any non-medical purpose and that all manufacturing units may maximize their production of liquid oxygen, and make it available to the Government for medical purpose only, with immediate effect and further orders”.

A bench comprising of Justice Vipin Sanghi and Rekha Palli told the Central Government that “It is a national emergency. You can direct industries with oxygen to divert” in a hearing held on April 21.

However the bench expressed severe displeasure with the Central Government allowing nine categories of industries to use oxygen and the Bombay High Court has directed the State Government to consider use of oxygen in steel plants for medical purpose by resorting to usage of powers under DMA.

“Today we are in dire straits. We might lose thousands of lives for lack of oxygen. You cannot turn around and say we don’t have it, so you have to die. What we are telling you is, you have to go a step further. You have to take captive oxygen from industries. If it means that those industries have to shut till imports (of oxygen) are made, so be it. We cannot afford to lose lives. It might be inconvenient. Let it be inconvenient. Human lives are more important than commercial interests,” said the bench to the Centre.

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