COVID-19: PIL in SC seeks directions to govt to address risk to safety and health of medical personnel

A writ petition has been filed before the Supreme Court of India by the United Nurses Association (UNA) to address serious concerns relating to imminent and extreme risks posed to the health and safety of medical personnel in India amidst the currently persisting and ever escalating spread of the COVID-19 pandemic, reports legal news website BarandBench.com.

The petition, filed through advocate Biju P Raman, states that health care workers are at the front line of the COVID-19 outbreak response and as such are exposed to hazards that put them at risk of infection.

It further added that the country’s ‘health infrastructure is dangerously outstretched, understaffed and under-resourced’.

The petition relies on data which shows that in China, where the virus was first discovered, protecting health care workers was a serious challenge.

"More than 3,300 nurses, doctors and other hospital staff members across the country were infected, many because of insufficient personal protective equipment (PPE)," the PIL petitionerhas stated.

Preferred under Article 32 of the Constitution and filed probono publico in the interest of the petitioner union’s members, the petition mentions that more than 50 health care workers from different states have tested positive for COVID-19.

The petition adds that the World Health Organization (WHO) has issued an interim guidance on March 19, titled as ‘Coronavirus disease (COVID-19) outbreak: rights, roles and responsibilities of health workers, including key considerations for occupational safety and health’ for standardizing the rights, roles and responsibilities of health care workers internationally.

While highlighting that the Centre has not formulated a National Management Protocol for COVID-19, the petition stresses that ‘the health and safety of the health care workers is of utmost importance because further shortage of health care workers would result in thousands of unattended COVID-19 patients’, says the report carried in BarandBench.com

The most pressing issues faced by the health care workers are pointed out in the petition as follows:

• Non-availability of personal protective equipment(PPE) in hospitals throughout India;

• Non-availability of COVID-19 testing kits;

• Lack of training on infection prevention and control (IPC)

• Non adherence of Isolation precautions as stated in WHO norms;

• Hourly disinfection not being done in the wards;

• Forced over-time followed by negligible transport facilities and deduction of salary on account of leaves;

• Forcing pregnant, lactating or immune-compromised healthcare workers to work;

• Lack of free medical support for the health care workers and their families;

• Continuous breach of Government guidelines by private hospitals.

While clarifying that people most at risk of acquiring the disease are those who are in contact with or care for patients with COVID-19, the petition states that inevitably health care workers are at a high risk of being infected.

The petitioners also seek that all health care workers are trained on infection prevention and control (IPC) and the proper use and disposal of Personal Protection Equipment (PPE).

Additionally, it sought that the scope of personal accident cover provided under the ‘Pradhan Mantri Garib Kalyan Package Health Workers Fighting COVID-19’ should be expanded to include all health care workers across sectors, including those recruited on ad-hoc basis.

Other prayers made by the petitioner-association include:

• Formulation of a National COVID19 Management Protocol to deal with health risks posed to health workers;

• Ensuring COVID-19 protection kits for all health care workers working with COVID-19 patients;

• Ensuring that adequate and standard nutritious meals are provided to the healthcare workers;

• Ensuring that all nurses and other health care staff in Corona wards are provided with proper accommodation in close proximity to the hospitals / health care centres where they are discharging medical duties and functions;

• Ensuring that adequate and prompt transport provided to all health care workers deputed in Corona wards;

• Ensuring proper screening of suspected patients before entering the hospitals and other medical facilities and also to ensure speedy testing of suspected cases;

• Ensuring that the infrastructure of hospitals and health care centres are temporarily expanded so as to provide separate and hygienic washrooms for staff;

• Ensuring that Landlords / Owners throughout the country be prohibited from adhering to the recent trend of evicting the health workers owing to their concern that their health will be in jeopardy;

• Free testing facility and treatment for the health care workers in case of infection of COVID-19 while they are on duty. Families of the health care workers should be taken proper care while they are in quarantine or isolation;

• Ensuring that Private Hospitals are not charging or deducting salaries from the healthcare workers if they get infected COVID-19 while they are on duty.

The petitioners have sought the issuance of a writ of mandamus to ensure that adequate and prompt steps are undertaken by the Central government in these respects.