SC Seeks Centre's Response On Plea For WHO-Approved Protection Kits For Doctors Treating COVID-19 [Read Order]

The Supreme Court on Wednesday sought a response from the Centre in a Public Interest Litigation (PIL) seeking directions to ensure doctors and all medical professionals were equipped with World Health Organisation (WHO) approved Protections Kits while attending to COVID-19 patients.

The plea, filed by Dr. Jerryl Banait, a Doctor from Nagpur, seeks a direction that "WHO graded protective gear, including Hazmat (Hazardous material) suits, Personal Protective Equipment (PPE) including sterile medical / Nitrile gloves, starch apparels, medical masks, goggles, face shield, respirators (i.e., N – 95 Respirator Mask or Triple Layer Medical Mask or equivalent), shoe covers, head covers and coveralls / gowns to all Health Workers including doctors, nurses, ward boys, other medical and para-medical professionals actively attending to, and treating patients suffering from COVID-19 in India, not just in Metro Cities, but also in Tier – 2 and Tier – 3 cities."

Further, the petitioner has prayed for the States to be directed to take immediate action for the effective implementation of 'Guidelines for Infection Prevention and Control in Healthcare Facilities' issued by the Ministry of Health and Family Welfare (MoHFW) on January 25.

Additionally, the Apex Court is urged to direct the Government to take steps to ensure strict adherence to "the Guidelines issued by WHO on the Rational Use of Personal Protective Equipment for Coronavirus Disease 2019 (COVID-19)" dated February 27 as well as "Guidelines on Rational use of Personal Protective Equipment ("PPE") issued by the MoHFW" on March 24.

Representing the petitioner, Advocate Sunil Fernandes apprised the Court, through video conference, of the need to safeguard all medical health professionals with such measures as they carry out a dangerous task and are most susceptible to contracting the virus. Appearing on behalf of the Centre, Solicitor General Tushar Mehta urged the Court not to issue notice claiming that the government has already taken cognizance of this matter and is taking steps in furtherance of the same.

"Give us the petition…we will take a call", suggested the Solicitor.

The Bench, comprising of Justices DY Chandrachud and MR Shah, will now take up the matter in a week's time, whenever it sits again. 

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