Plea in Supreme Court seeks comprehensive policy framework for ealthcare Workers

The Supreme Court observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is void

A plea has been filed in Supreme Court seeking for the welfare of the healthcare workers who are in the frontline helping to fight the battle against COVID-19.

Brief Facts

Supreme Court of India will hear a plea on 15th April, 2020. The plea filed seeks directions for a formulation of comprehensive policy framework for the healthcare workers who are in the frontline battling against the virus. The Indian Nurses Professional Association has requested the plea and was filed by Advocate Jose Abraham in Supreme Court requesting the court to take an action protecting the nurses and other healthcare workers who are battling against the coronavirus. The petition also showcases the negligence shown towards the healthcare workers by not providing enough safety, as they are in the front line battling against the virus. A statement made in the petition “till now, nine doctors working in different hospitals and clinics in the National Capital have tested positive for Covid-19. A large number of health care workers including nurses, doctors, and other staffers are infected in various states like Maharashtra, Kerala, and Delhi etc. A large no. of nurses are under quarantine / isolation throughout the country and many of them are tested positive for Covid-19. In another shocking incident, Wockhardt Hospital in Mumbai has shut down and declared a containment zone after 26 nurses and three doctors tested positive for coronavirus in the last couple of days”[i]. In the petition they mentioned about the few difficulties faced by nurses:

1. “Shortage of normal mask, N-95 mask & gloves;

2. No Demonstration of doffmg and donning procedures in the ward;

3. Shortage of Proper PPE according to the size to be provided {Zip Type) including slippers;

4. Duty doctors are not made available in the wards round the clock;

5. Hourly disinfection spray is not being done in the wards;

6. Tympanic thermometers are not provided at the working area;

7. Biohazard waste bins are not being provided in the wards;

8. Basic provisional accessories like soap, towels, toothbrushes, are not provided to the patients;

9. There is no proper supply of water and electricity in the wards;

10. No proper food supply, no person to distribute food for the patient inside;

11. Infection control measures be taught to the daily wage workers and I. P patients;

12. Security be available round the clock disallowing patients from coming out of the wards;

13. Extra duty can be mentally and physically exhausting and for the same extra staff nurses be deputed;

14. Sanitizers must be provided near the entrance and exit of the doors and one near each bedside;

15. Facilities of hand washing with elbow taps have to be provided. Hot water provision for ward use and patients have to be done;

16. Isolation precautions are not being followed as per the WHO norms.”[ii]

So as mentioned in the above backdrops, it is imperative for the court to form a Comprehensive Policy Framework for Healthcare Workers with the following points:

1. Transport Facility;

2. Accommodation and basic amenities;

3. Protecting the healthcare workers from the landlords;

4. Relaxation on loads availed by the workers;

5. Leaves to pregnant women;

6. Increase in period for the payment of rent;

7. Availing free treatment to healthcare worker and his/her relatives;

8. Knowledge and spreading awareness to every healthcare worker about infection control;

9. 24/7 Security;

10. Commission of backup nurses;

11. Providing equipment like mask, gloves and sanitizers at accessible places in the hospital;

12. To maintain minimum contact on taps elbow tap shall be fitted;

13. Insurance to all healthcare workers, doctors and other crucial staff.

Key Features

1. The plea and was filed by Advocate Jose Abraham in Supreme Court requesting the court to take an action protecting the nurses and other healthcare workers who are battling against the coronavirus.

2. The plea filed seeks directions for a formulation of comprehensive policy framework.

3. The petition also showcases the negligence shown towards the healthcare workers by not providing enough safety.

4. Supreme Court of India will hear a plea on 15th April, 2020.

Conclusion

Not just the doctors out there, but there are other healthcare workers who are putting their lives at risk and contributing for the wellbeing of infected people. So the Government also has to think about their well being too, and one of those many steps is a Comprehensive Policy Framework for Healthcare workers. 

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

End Notes

[i] Sanya Talwar, ‘Protect & Safeguard First Line Warriors’: Plea In SC Seeks Comprehensive Policy Framework For Healthcare Workers Live Law (2020), https://www.livelaw.in/top-stories/protect-safeguard-first-line-warriors-plea-in-sc-seeks-comprehensive-policy-framework-for-healthcare-workers-155246 (last visited Apr 15, 2020).

[ii] Sanya Talwar, ‘Protect & Safeguard First Line Warriors’: Plea In SC Seeks Comprehensive Policy Framework For Healthcare Workers Live Law (2020), https://www.livelaw.in/top-stories/protect-safeguard-first-line-warriors-plea-in-sc-seeks-comprehensive-policy-framework-for-healthcare-workers-155246 (last visited Apr 15, 2020).