Delhi HC Dismisses Plea Seeking Adequate Protection, Standardised PPE Kits, and Free Treatment For Healthcare Workers [Read Order]

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

19 pandemic by task forces comprising eminent doctors as well as expert bodies like ICMR.

Moved by NGO Justice For All, the petition 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.

While claiming that it's mandatory for the government to comply with the provisions of the Disaster Management Act, and the Delhi Epidemic Diseases COVID19 Regulations, the Petitioner argues that the attention must also be paid to the mental, physical, and financial stress of the families of the healthcare workers.

'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 petition states.

Highlighting that the protection of healthcare professionals and frontline workers has become the most significant priority all across the globe, the Petitioner submits that there is lack of policy implementation on ground which further puts the lives of healthcare professionals in jeopardy.

The petition notes that:

'the doctors due to CCS Rules applicable to them and as per recent guidelines of Delhi government is not in position to approach this Hon'ble court but agreed to provide appropriate feedback to the members of petitioner organization specially the secretary of the organizations about the acute problems they are facing specially the junior doctors deputed in the frontline. The problem about social distancing is also rampant in the hospital and directions of the Supreme Court are blatantly violated in practice there.'

In light of these submissions, the Petitioner has made the following demands before the court:

1. 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
2. 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.
3. 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.
4. 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
5. 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.
6. 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
7. 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.
8. To ensure free of cost treatment of COVID positive frontline healthcare professionals/workers and their dependents in Private Hospitals
9. To announce monetary or nonmonetary incentives for the healthcare professionals/workers and their families to motivate other to join as Frontline warriors
10. 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.

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