COVID-19 emergency: Karnataka HC directs state to respond immediately to plea seeking protection of medical personnel

The Karnataka High Court on Tuesday directed the state to file its reply in a petition seeking protection of doctors, nurses and Accredited Social Health Activists (ASHA) workers in the face of attacks on medical personnel during the Coronavirus pandemic..A Division Bench headed by Chief Justice Abhay Shreeniwas Oka stated that with respect to the first prayer seeking protection of medicare staff - including aggregated and non-aggregated workers - stringent action must be taken against offenders. .As far as the second issue pertaining to Personal Protection Equipment (PPE) is concerned, the Court noted that a response has already been filed by the state. The third prayer was regarding payment of salary and statutory benefits to medicare workers. .The Court directed the state to respond immediately to the two issues apart from PPE, and further directed for the plea to be registered as a writ petition, subject to procedural compliances, within two weeks from when normal functioning of the Court commences. .The petition filed by Dr. Rajeev R Gothe stated that doctors and health workers are often victims of worst forms of attacks on all fronts. Citing various articles on this aspect, the plea stated that violence against doctors is on the rise throughout the world. .Referring to an article titled Violence Against Doctors: A Review, the plea states,"Though this violence is more likely to occur in and around intensive care units, no doctor is safe from this phenomenon. It is reiterated in the study that doctors are regularly abused, threatened, sued, assaulted, manhandled, and even killed.".The petition also mentioned several instances of the doctors and health workers are being attacked across the country during the nationwide Coronavirus lockdown..The State of Karnataka had enacted the Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009 (the Act) to check such violence against medical staff, the plea notes..Apart from ASHA workers, the paramedical staff, nursing staff, the ward boys and other sections are also most vulnerable. The Health Department personnel are being deputed for surveys, screenings and monitoring services on round the clock basis. In fact, the lower cadre health workers are deputed to monitor those under home quarantine, temperature monitoring at the residential areas, workers colonies, slums, highways etc.Petitioner plea.Besides doctors and nurses, even ASHA workers are subjected to serious violence, the plea mentions. The petition additionally relies on a detailed press note issued by the Union of India on March 13, 2020 which deals with ASHA workers.'There are about 43500 ASHA workers in the State of Karnataka. These workers come from socially and economically most vulnerable sections of the society. They have no social safeguards or economic safety. They are paid a paltry sum as honorarium and are expected to work as the front ranks in case of pandemics and health hazards.".Another issue that the petition brings to light is the lack of PPE. The petitions stated that it is highly doubtful whether the nation has the sufficient number of PPE kits, as had been recommended by the World Health Organisation (WHO). .Further, it is stated that the Centre has granted HLL Lifecare Limited (HLL), a Government of India company, monopoly over procurement of PPE. HLL has been selling the equipment at inflated prices, and is not manufacturing PPEs, the petition contends. This might cause delays and cost escalations in the PPE, which adds to the existing issue, the plea states. .This apart, the petition also points the lack of COVID-19 testing centres at present, which poses a bigger risk for health workers to contract serious infections. ."There are very few blood testing centres viz., accredited laboratories which are capable of COVID-19 diagnosis. Hence, health workers risk their lives in case of infections. Furthermore, no safety measures and security measures are available for health workers. There is a huge dearth of police personnel across the State given the COVID-19 curfew and hence, the police personnel are being able to be deputed for the safety of the health workers. In fact, as per the Guidelines and Notifications issued by the Respondents, there is a compulsion to open the private clinics; however, doctors and their staff do not have any protection at all under the circumstances."Plea filed in Karnataka HC.Another submission made was that in many areas, the State Health Department staff have not received their salaries for the past two months. Addditionally, the petition sheds light on the fact that except for the insurance cover of Rs.50 lakh, health personnel are not given any other safety measures..On these grounds, the petition prays for the protection of medicare staff, and the provision of timely salary and statutory benefits to healthcare professionals and ASHA workers..Advocate Shridhar Prabhu will appear for the petitioner. The matter will be next taken up on April 9..[Read the petition and order]