NE NEWS SERVICE
NEW DELHI, SEPT19
The Rajya Sabha on Saturday passed a legislation that provides for up to five years in jail for those attacking doctors and healthcare workers fighting the COVID-19 outbreak or during any situation akin to the current pandemic.
#WatchNow from #RajyaSabha The Epidemic Diseases (Amendment) Bill, 2020 (Considering and Passing) #MonsoonSession https://t.co/SdTd51fzUy
— DrHarshVardhanOffice (@DrHVoffice) September 19, 2020
The Epidemic Diseases (Amendment) Bill, 2020 was introduced by Health Minister Dr Harsh Vardhan in the Upper House on Saturday to replace an ordinance issued by the government in April.
The Union Cabinet had promulgated The Epidemic Diseases (Amendment) Ordinance 2020 to amend the Epidemic Diseases Act, 1897, to protect healthcare service personnel and property, including their living/working premises against violence during epidemics.
The Bill intends to ensure that during any situation akin to the current pandemic, there is zero-tolerance to any form of violence against healthcare service personnel and damage to property.
The healthcare service personnel include public and clinical healthcare service providers such as doctors, nurses, paramedical workers, and community health workers; 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.
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 a direct interest in relation to the epidemic.
Offences will be investigated by an officer of the rank of inspector within a period of 30 days, and the trial has to be completed in one year unless extended by the court for reasons to be recorded in writing, the Bill proposes.
As per its provisions, the commission or abetment of such acts of violence will be punishable with imprisonment for a term of three months to five years, and with a fine of Rs 50,000 to Rs 2,00,000.
Incidents of violence against health workers declined dramatically after ordinance, claims Health Minister
A “dramatic” decline in the number of incidents of violence against health workers has been witnessed in the country after an ordinance was brought, making such activities a non-bailable offence, Health Minister Harsh Vardhan informed the Rajya Sabha on Saturday.
The government brought an ordinance on April 22 to amend the Epidemic Diseases Act, 1897 to make incidents of violence on health workers treating COVID-19 patients a non-bailable offence with provisions of a penalty and a jail term of up to seven years.
Moving an amendment bill in this regard for passage in the Upper House, the health minister said after the ordinance, such incidents against healthcare workers have declined.
“We have all noticed that there has been a dramatic decline in the incidents of violence against health workers all over the country,” he said.
Vardhan explained that the ordinance had to be brought as there was a rising number of incidents of harassment and violence against health workers while they were returning from their duty amid a lack of awareness about the coronavirus.
They were treated with stigma and not allowed to enter their houses or residential societies. They were beaten up and chased away when they went out for surveillance, he said, adding that this had significantly reduced the morale of the health workers.
“Everyone was feeling sad and bad. That was the time the government thought of taking a proactive step. When the government reviewed, it found there were minimal laws and powers in some states. There was a need to have a central law to put in place a prohibitory mechanism to stop such activities,” Vardhan said.
Binoy Viswam of the Communist Party of India (CPI), who moved a statutory resolution on the bill, said there are serious lapses in it as it does not address the issue of violence on health professionals within the hospitals.
Many hospitals are not paying the salaries of the doctors and nurses, PPE kits are not being given and safety concerns are being ignored — these issues have not been addressed by the bill, he added.
Participating in the debate, Saroj Pandey of the ruling Bharatiya Janata Party (BJP) spoke in favour of the bill and said it aims to instill confidence in the health workers, who are treating patients during the COVID-19 pandemic risking their lives.
She also attacked Neeraj Dangi of the Congress, who spoke just before her on the bill without touching upon the sensitive issue of health workers.
She said it is saddening to see that the opposition member chose to politicise even the issue of COVID-19 and did not even bother to mention the bill in his maiden speech.
