Increase compensation to Rs 1 crore for poll officials who succumbed to Covid: HC
PRAYAGRAJ: The Allahabad high court on Tuesday asked the state government to rethink the compensation amount and increase it to Rs 1 crore for those who died after catching the Covid-19 infection during panchayat election duty. The three-tier Uttar Pradesh panchayat elections were held in four phases on April 15, 19, 26 and 29.
Earlier, the state government counsel had informed the court that the government had announced compensation of Rs 30 lakh.
The bench comprising Justice Siddhartha Varma and Justice Ajit Kumar was hearing a suo motu Public Interest Litigation (PIL) on “conditions of quarantine centres and for providing better treatment to corona positives” in the state of Uttar Pradesh.
The bench observed, “It is not a case that somebody volunteered to render his/ her services during election but it was all made obligatory to those assigned with election duty to perform their duties during election even while they showed their reluctance. The amount of the compensation, in our considered opinion, is very less. To compensate the loss of life of the bread earner of the family and that too because of the deliberate act on the part of the State and State Election Commission to force them to perform duties in the absence of RT-PCR support, the compensation must be at least to the tune of Rs 1,00,00,000. We hope that the State Election Commission and Government will rethink over the amount of the compensation and come back to us on the next date fixed.”
Death of suspected Covid patients
The court said that death in cases of suspected Covid shall be treated as Covid mortality for a limited purpose and observed,
“If no True Nat report is there and if antigen turned out negative of a patient, such patient’s case is taken as suspected one only, so no Covid protocol is followed and if he dies, his dead body is handed over to the members of family of the deceased without Covid protocol which is quite a serious issue.”
“Even if it is the case of suspected death of Covid patients for antigen testing, we are of the view that all such cases of death should be taken as Covid deaths and no hospital can be permitted to hold these cases as non- Covid cases so as to reduce number of Covid deaths in that particular hospital,” observed the bench.
The bench further observed, “In our considered opinion in these days of Covid surge, if a person is admitted to the hospital with ILI (Influenza like infection) and where only antigen
testing has taken place or in the event RT-PCR is delayed and in the meanwhile patient dies and if such deceased persons had no history of having cardiac or kidney problem then presumption should be raised that such death was caused by Covid infection only for the limited purpose of maintaining records and also following Covid protocol for the disposal of dead body.”
“Government officials and the hospitals cannot be permitted to shirk away from their responsibility in ensuring that the dead body of such deceased persons is disposed of strictly as per the Covid Protocol. Nobody is admitted to a hospital unless he has landed himself in a condition where the SPO2 level has gone down i.e. below 94 and, therefore, to take such deaths as nonCovid deaths would be a blunder,” observed the bench while asking government counsel to file an affidavit on this issue.
How will physically challenged persons be vaccinated?
The bench showed its concern about the vaccination of physically challenged persons and asked the central government to apprise it as to how it proposes to inoculate such persons who cannot be brought to the vaccination centres and those who cannot do online registration.
The court then directed the state government to explain as to what the difficulty is if it opts for a guideline to inoculate physically challenged persons even in the absence of the central government guidelines, on the next date fixed.
The bench observed, “A large number of our population still resides in villages and there are people who are only labourers between the age group of 18 and 45 and cannot themselves register online for vaccination. The Central Government and State Government are directed to place before this Court the programme by which they would vaccinate those illiterate labourers and other villagers between the age group of 18 and 45 years if they are not able to register online for vaccination.”
No coercive action to be taken against Lucknow hospital, its staff
The Allahabad high court on Tuesday directed that no coercive measures shall be taken against Lucknow’s Sun Hospital and its staff, pursuant to an FIR lodged by the Lucknow administration for allegedly raising “false rumours” about oxygen shortage.
The hospital pleaded that the district administration didn’t supply oxygen cylinders to the hospital and totally false statements had been given.
Further, the hospital said it was ready to show the inventory/ stock register where the oxygen cylinder receiving was entered.