Govt to criminalise not paying salaries to health workers
NEWDELHI: The Union government is likely to criminalise withholding salaries of doctors and nurses deployed at the frontlines of the battle against Covid-19 and issue guidelines making it mandatory for states to make adequate quarantine and isolation facilities for medical professionals, after a Supreme Court order on Wednesday.
NEW DELHI: The Union government is likely to criminalise withholding salaries of doctors and nurses deployed at the frontlines of the battle against the coronavirus disease (Covid-19) and issue guidelines making it mandatory for states to make adequate quarantine and isolation facilities for medical professionals, after a Supreme Court order on Wednesday.
The top court was hearing a petition by a doctor who said medical professionals were not being paid in several regions and found it tough to isolate themselves, citing risks to their families if they are infected.
The court, which last week likened medical staff on Covid-19 duty to soldiers on the battlefield, was assured by the solicitor general that new rules will be issued within 24 hours.
The bench, comprising Justices SK Kaul and MR Shah, directed the Centre to release the order by Thursday.
Last week, the judges asked Centre to travel the extra mile: “This is a kind of war. You cannot keep soldiers unhappy during a war.”
The Centre had received a representation last week from the petitioner Arushi Jain indicating problems in salaries and of keeping medical workers’ families safe. The communication flagged the May 15 “Advisory for Managing Healthcare Workers working in COVID and non-COVID Areas of the Hospital” issued by the health ministry, which said that only “highrisk” health care workers or those showing symptoms of Covid-19 should get 14-day quarantine.
The representation, drafted by advocate Mithu Jain, highlighted non-payment of wages, insufficient PPE kits, and long working hours among other concerns.
Solicitor General Tushar Mehta, who appeared for the Centre through videoconferencing, informed the Court that as regards non-payment of wages, the Joint Monitoring Group headed by the Director General of Health Services (DGHS) has decided to issue fresh directive to states for strict compliance. He said that non-compliance will be treated an offence under the Disaster Management Act read with Section 188 of Indian Penal Code (IPC) that prescribes punishment for disobeying orders passed by a public servant.
For the petitioner, senior advocate KV Vishwanathan suggested to the bench that since health is a state subject, it would be proper to receive responses on quarantine facilities from states. But the Court refused to pass an order asking Centre to take up this aspect with states as part of its directive.
The bench was of the firm view that doctors, nurses, medical staff who are looking after coronavirus infected patients must receive at least one week quarantine that can be further extended by a week, depending on their condition.
The bench remarked, “The May 15 guidelines have done away with quarantine for health care workers unless they are high-risk or symptomatic.” Mehta clarified that quarantine is mandatory for all who are in contact with COVID patients.
The bench has kept the matter after four weeks to monitor compliance of its directions by states and UTs.