Delhi High Court has dismissed the plea for healthcare workers seeking directions to both the Centre and the Delhi Government to ensure adequate protection of healthcare professionals as well as the frontline healthcare workers.
While dismissing the petition, the Division Bench of Justice Manmohan and Justice Sanjeev Narula noted that both Central and State governments are being advised as to how to deal with the COVID19.
NGO Justice For All has moved the petition and it also challenges the alleged failure of the government in providing adequate fund/guidelines or to check misappropriation of funds by the Hospital Superintendents/Manufacturers for the purchase of standardized PPEs which is the primary need for the healthcare workers under the Disaster Management Act.
The petition for health care workers stated,
“it is extremely essential and duty of the sovereign under the doctrine of parens patrie to protect in the public interest the lives of general public of the city by protecting the precious lives of the frontline health care workers/Professionals as well as their families and to reduce their mental, physical and social stress”.
The Petitioner has made the following demands before the court:
- Immediate framing of SOPs or guidelines by the respondents for the compliance of the order passed by the Supreme Court in the matter of Jerryl Banait V s Union of India
- To devise a mechanism for the earliest certification of BIS/ISO to the manufacturers/vendors supplying the PPEs, duly approved and certified by the team of Doctors including a Senior and a Junior, the actual users, on duty as Frontline workers in accordance with the quality as per the guidelines issued by MoHW for the rational use of PPE for the frontline workers by the hospital administration.
- Any person found selling or purchasing the substandard/uncertified protective kits by disobeying the aforesaid specifications of MoHW and WHO shall be prosecuted and punished with imprisonment or fine or both under section 188 of the IPC and section 3 of the Epidemic Disease Act, 1897.
- Online mechanism to monitor the basic measures of social distancing, strict screening at the gates of hospital, distribution status of PPEs to every frontline healthcare worker/professional must be adopted
- To devise a flawless mechanism of sort out the online redressal of grievances or appeal of any frontline Health worker by the Hospital management or the state on priority.
- To ensure a mechanism for pick and drop cab service for all the frontline healthcare staff free of cost by Ola/Uber with the proper regular screening and sanitization of the cab and driver before every pick and drop
- To restrain from assigning the duty of worker/professional to both husband and wife at same time so that the other can take care of the minor children or elderly parents at the time when there is no domestic help during lockdown.
- To ensure free of cost treatment of COVID positive frontline healthcare professionals/workers and their dependents in Private Hospitals
- To announce monetary or nonmonetary incentives for the healthcare professionals/workers and their families to motivate other to join as Frontline warriors
- Auditing or assessment of the implementation of guidelines and SOPs for all the Hospitals dedicated for COVID-19 patients with the feedback from the confidential information from the last line up affected frontline healthcare workers/professionals.
Read the order here: