Corona and the Ordinance to save Health Care Workers from violence : Beliefs and Disbeliefs Adv. ROHIT ERANDE. ©

Corona and the Ordinance to save Health Care Workers from violence : Beliefs and Disbeliefs

Adv. ROHIT ERANDE. ©

Introduction :

The Corona epidemic became pandemic in very short time and to control the same Epidemic Diseases Act, 1897. In India the Doctors, Nurses etc., along-with Police personnel etc are the frontline soldiers who are fighting this war against Corona. However the Doctors at one hand continue to perform relentlessly round the clock and save human lives, instead of receiving bouquets , started receiving brickbats as the token of their services and suddenly incidents of violence against Doctors, Nurses etc, increased. As sadly,  attacks on Doctors has become the common phenomena of healthcare system in India, but this time the water was rising above its level and as a result the IMA called for nation wide protest on 22nd April, 2020. But in between a high-power committee meeting held Hon. Home Minister Shri. Amit Shah and IMA and on 22nd April through video conferencing, Union Cabinet approved an Ordinance thereby suitably amending this 123 year old, Epidemic Diseases Act, 1897 to protect healthcare service providers and property including their living/working premises against violence during epidemics. The Hon. President has given his assent for promulgation of the Ordinance. 

Why Ordinance ?

Since the parliament is not in session, the Ordinance has been promulgated (Art. 123 of the Indian Constitution) . It has same effect of any Law. It ceases to operate after expiration of 6 weeks from the reassembly of the Parliament, if it is not converted into an Act. 

The Medical Science is an incomplete science and thus if the Doctors cannot be treated as Gods, they should not be condemned as Devils too. With this I may begin to deal with the recent ordinance and the reactions of Health Care 

Purpose of the Ordinance :

The Ordinance aims at zero  tolerance to any form of violence against healthcare service personnel and damage to property. The common people have been supporting Doctors and healthcare workers over social media and they realized the importance of Doctors to the Society.  However, there were some unfortunate incidents of violence which affected the moral of healthcare workers.

In the press statement issued by MOH on 22nd April, 2020 the purpose of the ordinance has been stated in following words,

“Several States have enacted special laws to offer protection to doctors and other medical personnel in the past. However, Covid-19 outbreak has posed a unique situation where harassment of the healthcare workforce and others working to contain the spread of the disease has been taking place at all fronts, in various places including even cremation grounds. The existing state laws do not have such a wide sweep and ambit. They generally do not cover harassment at home and workplace and are focused more on physical violence only. The penal provisions contained in these laws are not stringent enough to deter mischief mongering.”

Important Definitions and Key points of the Act. :

Before making any comments about the ordinance, I may request my Medicos friends to go through the key points in the new Ordinance. These provisions are not applicable only for this epidemic, but in future also.

1. The term ‘Violence’ has been widely worded and to cover  harassment,  injury, intimidation or danger to the life of the healthcare provider within the premises of clinical establishment or otherwise and loss or damage to property or documents. 

2. Healthcare service personnel clinical healthcare service providers while carrying out his duties in relation to epidemic and includes any public and clinical healthcare providers  such as doctors, nurses, paramedical workers and community health workers; (This is very important and thus this protection is applicable to all the Doctors, who may not be directly providing epidemic services) any other persons empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof; and any persons declared as such by the State Government, by notification in the Official Gazette. 

3. Important provision is in relation to the damage to the property. The penal provisions can be invoked in instances of damage to property including a clinical establishment, any facility identified for quarantine and isolation of patients, mobile medical units and any other property in which the healthcare service personnel have direct interest in relation to the epidemic.

The Punishment :

1.  The offense of Attack on Health-care workers or its abatement  shall be treated as Cognizable and Non-bailable. 

2.  Investigation will be done within 30 days and trial should be completed within 1 year.

3. Accused can be sentenced from 3 months to 5 years imprisonment  and penalty from Rs.50,000 upto 2 lakhs.

4. In case of grave injury to Healthcare workers, the Accused can be sentenced to Jail for the period of 6 months to 7 years of imprisonment & the penalty for the accused shall be from Rs.1 lakh to Rs.5 lakhs.

In addition, the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage of property. If the offender fails to the compensation, then this amount shall be recovered like recovery of land revenue, i.e it shall have charge over all other debts. 

Guilty, until proven Innocent. Yes you heard it right !

A novel provision in the Indian History of Legislation.

Perhaps, this is the first in kind provision in the history of Indian Legislation, (Sec.3C). This new Section prescribes that  the Court shall presume that such person has committed the offense, unless the contrary is proved. In all other case, the prosecution has to prove the guilt, here guilty has to prove his innocence.

Objections of Doctors : Are Doctors otherwise remedy-less ?

The Doctors in general were expecting an Ordinance which shall prevent the incidents of violence against Doctors in all the situations and not only during epidemic, where the ordinance is applicable. Their demand is not something unreasonable. But Doctors are not remedy-less as general provisions of IPC are applicable during and after epidemic.  If I am correct, Moreover 10 or more  states like Maharashtra, Andhra Pradesh, West Bengal have already passed similar legislations to protect Doctors against violence. The problem here lies in its execution / implementation. I have also read somewhere the statement of IMA officials that they have been orally assured of putting the Bill of Law to protect Doctors  against violence on the floor, once the parliament session starts. 

I also may add here that Doctors should be united and support the IMA. On Social media it was found that many Doctors colleagues were passing comments against their own apex body. It creates altogether different impression in the mind of general public. I feel those have any grievances against IMA should openly write to it or be part of it to make the change, merely venting emotions of social media is of no help. 

I may say at the end that within very short span of time Central Govt. has passed the ordinance with all the provisions to take care of Doctors, may or may not be involved in epidemic treatment. Guilty until proven innocent is the most novel and unique provision of the new Act , I feel. The History shall be always grateful to all the Healthcare workers provided their services to the mankind by risking their lives during this pandemic.  So I request the Medicos to study these provisions and then may have their own views.

Thanks and Regards

Adv. Rohit Erande

Pune. ©