Home Legal NewsRecent Development Protection of health workers from physical attacks amid COVID-19 lockdown: Plea in Karnataka HC challenging ‘The Karnataka Epidemic Diseases Ordinance, 2020

Protection of health workers from physical attacks amid COVID-19 lockdown: Plea in Karnataka HC challenging ‘The Karnataka Epidemic Diseases Ordinance, 2020

by Shreya
karnataka HC on Article 25

A plea has been filed before the Karnataka High Court challenging the Ordinance of Karnataka Government namely ‘The Karnataka Epidemic Diseases Ordinance, 2020’, to protect health workers from physical attacks amid the COVID-19 crisis. The plea has been filed by Advocate GR Mohan

The plea stated,

“The Karnataka Ordinance has diluted the very purpose of the Central Government ordinance by making the offences cognizable and bailable.”

Also Read: Attack on doctors, healthcare workers to be cognizable and Non-Bailable offence: Central Govt. announces Ordinance

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The petition highlighted that the Central Government recently passed an Ordinance making attacks against doctors, nurses and medical staff non-bailable offences, punishable with up to 7 years imprisonment, through an amendment to the Epidemic Diseases Act 1897.

But The Karnataka Epidemic Diseases Ordinance, 2020 which was introduced on April 22 (Karnataka ordinance) mentioned in the Section 9 of this Ordinance,

“Offence under this Ordinance to be cognizable and available: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) all offences under this Ordinance shall be cognizable and bailable.”

The plea pointed out that by virtue of Karnataka’s Ordinance, accused persons are entitled to be enlarged on bail for the serious offences being committed against doctors.

The petitioner urged that the Central Government Ordinance should prevail over the Karnataka Ordinance, and that the Central Government Ordinance be enforced in Karnataka.

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The matter will be next heard on April 28.

Read the PIL here:

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