Government Brings in Ordinance after P. Wilson MP writes a letter to Law Minister to save guard health care workers.
(Judicial Quest News Network)
The Central Government has brought an ordinance to end violence against health workers by amending the epidemic Diseases Act, 1897, which will allow imprisonment from 6 months to 7 years for those found guilty.
Rajya Sabha Member and Senior Advocate Wilson has written to Law Minister Ravi Shankar Prasad urging that Epidemic and Diseases Act, 1897, be amended so that attacks against health workers and the obstruction of the burial/cremation of COVID-19 victims are stringently penalised with imprisonment up to 7 years.
In his letter dated 22-04-2020 addressing to Mr. Ravi Shankar Minister for Law And Justice Government of India Mr.Wilson stated that “Healthcare workers like Doctors, Nurses, Hospital Staff, Lab Technicians etc are our soldiers on the frontline, guarding us against the deadly onslaught of the virus.
He has stressed upon making an immediate amendment to the EDA 1897, and asserted that “We must necessarily have a corresponding provision in the statute books to penalise those who prevent the exercise of the said right.”
He further submitted that “Extraordinary situations warrant extraordinary remedy. Thus, the Epidemic Diseases Act,1897 requires to be suitably amended to include stringent penal provision for persons Who attack health care workers during epidemic times and also against persons who prevent the decent burial of victims of epidemic disease.”
Wilson also pointed out that this amendment may be brought about by an ordinance, Since the Parliament is not sitting amid the COVID-19 lockdown, He adds that these offences should be cognizable so that police can immediately act against the perpetrators.
The Ordinance says that “During the current COVID-19 pandemic, there have been instances of the most critical service providers i.e. members of healthcare services being targeted and attacked by miscreants, thereby obstructing them from doing their duties. Members of the Medical community, even as they continue to perform relentlessly round the clock and save human lives, have unfortunately become the most vulnerable victims as they have been perceived by some as carriers of the virus.”
The Amendment of the EDA,1897, says that “The amendment makes acts of violence cognizable and non-bailable offences. Commission or abetment of such acts of violence shall be punished with imprisonment for a term of three months to five years, and with fine of Rs.50,000/- to Rs.2,00,000/-. In case of causing grievous hurt, imprisonment shall be for a term six months to seven years and with fine of Rs.1,00,000/- to Rs.5,00,000/-. In addition, the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage of property.”
The health workforce are our frontline soldiers in battling the spread of Covid-19. They put their own lives at risk in order to ensure safety of others. They deserve our highest respect and encouragement at this moment rather than being harassed or being subjected to violence. It is hoped that this Ordinance will have the impact of infusing confidence in the community of healthcare service personnel so that they can continue to contribute to serving mankind through their noble professions in the extremely difficult circumstances being witnessed during the current Covid-19 outbreak.
[Read the Letter]
