The Nagpur bench of Bombay High
Court has asked the Maharashtra government to undertake rapid antibody tests with reliable kits provided by Indian companies since the Indian Council for Medical Research (ICMR) has recognised the utility of such tests for the purpose of surveillance and prevention of COVID-19 outbreak.
Justice Manish Pitale was hearing a petition filed by Citizens Forum for Equality through its president Madhukar Kukde and other petitioners.
The court was on Thursday informed that rapid antibody tests were not being conducted on the directives of the Union government despite kits being available.
However, advocate Tushar Mandlekar, appearing for one of the petitioners, told the court the ICMR, in its letter dated April 27, had said rapid antibody test kits of two Chinese companies ought not to be used, but that the letter did not disclose any policy decision of the ICMR to do away with such tests.
Assistant Solicitor General Ulhas Aurangabadkar, appearing for the Union government, said the rapid antibody tests could be used for surveillance, adding that the best test for the diagnosis of COVID-19 continued to be the RT-PCR swab test.
The court then noted that the state government was, hence, not justified in refusing to distribute rapid antibody test kits and in not carrying out such tests for surveillance.
"In view of the imminent danger of uncontrolled spread of COVID-19, surveillance could certainly be an important part of the strategy to control the spread," Justice Pitale said.
The bench further noted that, in view of the ICMR letter, the state government could certainly undertake rapid antibody tests using kits supplied by Indian firms, at least for the purpose of surveillance.
The court also asked the Centre and the Maharashtra government to seriously consider the issue of undertaking RT- PCR tests on a priority basis for frontline staff like doctors, health personnel and police.
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