[COVID-19 Pandemic] Critical issue of penalising violence against healthcare personnel deserves priority attention: Jammu & Kashmir HC

The High Court for Jammu and Kashmir and Ladakh on Friday too note of the imperative need to specially recognise and penalise violence against health professionals, more so amid the COVID-19 pandemic."The pandemic and current crisis brings to the fore the critical issue of addressing the issues of violence to healthcare personnel and damage to the property of healthcare establishment."Jammu & Kashmir High Court.A Bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal was hearing a number of matters concerning the State's response to the COVID-19 pandemic, in continuation of its last order in the matter dated March 30..Among the various issues that were taken up was the deficiencies in the legal framework when it comes to penalising those committing violence against health professionals in the course of performing their jobs. Noting that the there was no specific law on this aspect applicable to Jammu and Kashmir and Ladakh, the Court opined, ."... it is absolutely imperative to recognise violence against healthcare professionals and clinical establishments as specific cognizable and non-bailable offences. It is equally imperative to provide enhanced sentences of imprisonment and fines. Mandatory minimum sentences are required."Jammu & Kashmir High Court.While highlighting the need for a specific law for the protection of the health professionals, the Court was of the view that these matters needed the critical attention of the Central Government as well as the Governments of Union Territories of Jammu and Kashmir and Ladakh..The Court has, therefore, directed that a copy of the order be placed before the concerned authorities of the authorities, opining that, "It cannot be denied that this matter deserves priority attention.".The Court went on to take up the issue of availability of Personal Protective Equipment (PPE) kits for health professionals as well. The Department of Health and Medical Education has been directed to inform the Court on the availability of PPEs for the safety of all healthcare workers.This apart, the Court also made a series of other suggestions to be considered by the Government in their efforts to combat the COVID-19 health crises. .Inter alia, the Bench suggested that the Government involve representatives of healthcare professionals and other personnel who work at the ground level, at a policy level..To this end, the Secretary, Department of Health and Medical Education has been directed to ask for nominations from personnel who are working on the ground-level and who would be aware of the specific difficulties, to include while discussing on measures to fight against the outbrea..Further, the Secretary to consider the possibility of running 24 hours canteens/kitchens in all hospitals/institutions for healthcare and other personnel engaged in addressing the COVID-19 issues, so that their needs are also taken care of in these respects. "Perhaps, responsible NGOs and citizen volunteers could be joined for regulating these facilities", the Court added..The authorities have also been directed to create a machinery such as a network/body of persons for attending to the needs of the family members/dependents of all personnel attending to COVID-19 issues. A nodal officer may be identified for this purpose who would monitor the working of the system..The Court also highlighted that there wa a need to prepare the public about the permissible conduct upon removal of the lockdown. It was added that the Jammu and Kashmir State Legal Services with its wide out reach of Para Legal Volunteers and Anganwadi Workers could be a valuable tool in these efforts. The Director, Information Department has been asked to place an action plan in this regard before the Court on the next date..The Court also took note of the Report of the High Powered Committee, tasked with deciding on the release of prisoners to decongest prisons and thereby minimise the risk of viral transmission, following the Supreme Court's directive on this aspect. .Inter alia, the Bench called for the urgent implementation of the ‘Jammu and Kashmir Suspension of Sentence Rules, 2020’ for the grant of special parole to prisoners as part of these efforts. .The Court also issued orders directing that the orders of the High Powered Committee must be complied with by the subordinate judiciary. An action taken report on the same is also to be placed before the High Court. .Another issue that the State has been asked to respond on concerned whether detenues on the Public Safety Act (PSA) were also eligible for interim release during the pandemic. This concern was raised by Advocate Salih Pirzada, who noted that the Supreme Court's order on the issue did not clarify whether PSA detenues were also eligible for temporary release. The Court has directed that the concern be placed before the High Powered Committee for consideration..Revisiting concerns raised by email over Indian students being stranded in New York, USA amid the pandemic, the Court was appraised that the Indian Consulate has responded to call for aid promptly on a request being sent. In view of the same, the Bench appreciated the government's efforts, adding that,."... we have no manner of doubt that the Ministry of External Affairs, New Delhi is deeply concerned with the safety and well-being of all Indian nationals abroad and is doing its utmost possible to ensure the same."Jammu & Kashmir High Court.Before parting with the matter, the Court also took note of a unique concern over whether pollen/seeds with cotton fluffs released by poplar trees in the Kashmir Valley may worsen the health crisis. .Advocate Shafqat Nazir pointed out that the pollen remains in the air for between 25-30 days and creates havoc so far as respiratory diseases are concerned. He raised concern that the pollen may also contribute to the viral transmission of COVID-19. .The Court has directed the Health and Medical Education Department to examine whether this is a concern and to take immediate remedial measures if that is the case. .This batch of cases is listed to be taken up next on April 10..Read the order here: