Ashok Bhan
The Central Government has promulgated an Ordinance to amend the Epidemic Diseases Act, 1897 to make attacks on doctors and healthcare workers a cognizable and non-bailable offence.
The Ordinance is called ‘The Epidemic Diseases (Amendment) Ordinance, 2020′
Whoever commits or abets the commitment of violence against health care worker, shall be punished with imprisonment ranging from 3 months to 5 years, and penalty ranging from Rs 50,000 to 2 lakh.
In case of a very serious attack, the imprisonment may be for a minimum period of 6 months and maximum of 7 years, with penalty ranging from Rs 1 lakh to 5 lakh.
As per the Ordinance, investigation into the incidents of attacks on doctors and healthcare workers has to be conducted by a senior inspector and be completed within 30 days.
Court proceedings related to these cases shall also be conducted in a time-bound manner, and have to be decided within a year.
The Ordinance also provides that the court shall presume that such person has committed such offence, unless the contrary is proved.
The Ordinance states that in case of damage to vehicles or clinics of doctors or healthcare workers, the perpetrators would have to pay double the market cost of the damaged asset as compensation.
Upon failure to pay the compensation awarded, such amount shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890.
Attacking Doctors and health care workers called COVID Warriors has been made a cognizable and non-bailable offence with a jail term upto seven years if found guilty by Court.The Union Government brought in an ordinance to amend the Epidemic Diseases Act 1897 making acts of violence against healthcare personnel a cognizable and non-bailable offence.Health care professionals ranging from doctors and paramedical staff to accredited social health activists are protected against anyone causing injury to any health professional defined under the ordinance and for causing damage to their property that includes cars ,clinics and the equipment’-the cost has to be by law recovered from the Vandals.The health care professionals are covered by insurance for Rs 50 lacs each.Speedy criminal justice system is mandated- Police shall have to complete the investigation in 30 days and the Courts are required to give judgement in one year time frame after the chargesheet is presented in the Court.
This Law was nessitiated in the backdrop of persistent attacks on health care workers in the frontline of a battle against the Coronavirus-COVID-19 pendamic.The Indian Medical Association (IMA) had threatened a nation wide protest against the Vandalism resorted to by Vandals against Doctors,para medical staff and other health professionals in different parts of the country in which most of Doctors and other health workers have suffered grevious injuries and damages to their cars,ambulances and equipment’s carried by them to identify and test infected people in various localities across the Country.
The Ordinance came up after Home Minister and Health Minister gave an assurance of safety to the representatives of Indian Medical Association (IMA).Underlining the importance of the warriors against COVID-19 Pandemic the Nation as its salute to the healthcare professionals came up with a stringent Law to protect each and every healthcare worker who are bravely battling Covid-19 on the front line.Union Government has a commitment and constitutional duty to protect the lives,liberty and property of each citizen more so of the frontline health care professionals.”There can be no compromise on their safety.”
How can the nation countenance the disruption of the burial of a Doctor in Chennai Late Dr. Samuel Hercules. The vandals and disrutionists violently damaged the ambulance carrying his dead Body and severely injuried the Driver, simply fearing the spread of Coronavirus- shameful Another Delhi incident-When two resident doctors of Safdarjung Hospital were brutally assaulted by neighbour who accused them of spreading the Coronavirus-(COVID-19).Two doctors and their team in Madhya Pradesh -Indore were pelted with stones during a drive to screen and identify possible COVID-19 patients. There are umpteen such assault stories across the country.
The citizenry in India are ashamed of and condemn the spate of incidents of assaults on doctors and paramedical workers who are lawfully engaged in testing suspected Coronavirus (COVID-19) cases for confirmation or treating the patients. In a civilised society there is no place for such offenders. As such the law however stringent it might appear is the appropriate and timely answer.
In the name of fear for catching the infection or stigmatised and ostracised healthcare workers for their proximity to confirmed or suspected COVID-19 cases is bizarre and height of ignorance. The Civil society of the Country begs and appeals to respect and honour the health care professionals on duty-They are the saviours against the Pandemic.
(The author is Senior Advocate Supreme Court of India)
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