Doctors And Paramedics Are Frontline Warriors- Ensure with Immediate Effect That No Weapon/Firearms Are Allowed Inside the Hospital: Gauhati HC Directs to Assam Government
(Judicial Quest News Network)
The recent incidents of attack on doctors engaged in treatment of COVID-19 patients in an across the country in general and in Hailakandi and Hajoi Districts of Assam in particular had hit the national headlines.
Taking note of such brutal attacks on frontline medical workers (Doctors, Nurses, Ward Boys, by attendants of COVID-19 patient and group of persons in the Udali hospital on June 1,2021 the Gauhati High Court has sought Assam Government’s reply.
A division bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak directed the Assam government and mention the measures that are taken by the government or the it proposes to take to ensure that such incidents do not happen in future within two weeks.
A letter petition was filed in this regard by Advocate On Record, Supreme Court, Sneha Kalita,in which she stated that horrific incident of Brutal attack on frontline medical workers (Doctors, Nurses wardboys by attendants of a covid patient and group of persons in the Udali Model Hospital, Hojai District of Assam on 1.06.2021.
One Dr. Suej Kr Senapati was brutally attacked by the attendants following the death of a patient suffering from COVID-19 & pneumonia.
The letter states that
In this ongoing crisis situation, if the health care workers are attacked and face mob violence in the hospital itself, then it’s the high time that all stake holders must take all necessary actions against those culprits and book them under the law and also take action as per the Epidemic Disease (Amendment) Ordinance, 2020 as it’s a gross human
rights violation and attacked on fundamental right under Article 19 of the Constitution of India.
It is further submitted that in these challenging times, while they are putting their own health, families, and most importantly their own lives at risk, the least we can do is to appreciate their efforts and take all measures and support for their safety and security. If the doctors are not safe and secured in their respective hospitals and medical centres where they are rendering untiring and selfless services towards their duties, then I believe it’s a huge threat to combat this pandemic crisis.
The order says that in this public interest litigation, concern has been raised about the doctors and paramedics, who are the frontline warriors and it also touches on an incident where a doctor was manhandled and beaten up by a mob in Udali Model Hospital in the district of Hojai. Further prayer in this petition is that suitable measures be taken by the State to ensure that such incidents do not occur in future.
The learned Advocate General of the State Mr. D. Saikia has apprised this Court that as far as the incident of Udali is concerned, the concerned persons, twenty-four in number, were arrested within twenty-four hours and are presently lodged in jail and due process of law is being followed as far as this incident is concerned. Moreover, the Government itself is conscious about the care it has to give to its doctors and paramedics and it is open for any suggestions and guidelines in this regard as it is a public interest litigation.
In this regard Indian Medical association Assam’s unit had called on all doctors in the state to abstain from outdoor patient services as a token protest.
The AG had submitted that the government was conscious about the care it has to give to its doctors and paramedics and is open for any suggestions and guidelines in this regard as it is a public interest litigation.
To, this the court said that a statement of progress made in the case be placed before this weapon/firearm are allowed to be taken inside a hospital.
The has directed as follows
proper notice of warning is given in every hospital and medical colleges about the consequences to be followed in law if Medicare Service Persons, which include Doctors, Nurses, Para-medical, medical students, nursing students and any other worker employed and working in Medicare Service Institutions [as defined under Assam Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2011], are manhandled or attacked.
The matter has been listed for further hearing on July 14th 2021
Senior Advocate Vijay Hansaria argued for the petitioner.
