The Jammu and Kashmir High Court passed a slew of directions to the Union Territory of Jammu and Kashmir and Ladakh to take complete measures of safety and security during the recent lockdown due to the corona virus epidemic, while also directing the Municipal Corporations to draw up an action plan to combat vector borne diseases also in anticipation of the problems which could arise in the near future.
“the summer months will be followed up by monsoon when on account of water collection, there is increased proliferation of mosquitoes. Resultantly, vector borne disease as malaria, dengue and chickengunia are experienced in towns all over India. The experience in J&K is no different,” said the bench of the Chief Justice Gita Mittal and Justice Rajnesh Oswal while hearing a Suo Motu PIL initiated by Court itself to address various issues in the wake of Coronavirus COVID-19 and subsequent lockdown.
It is Common knowledge that Garbage and insanitary conditions encourage growth of Mosquitoes and these authorities must address the garbage disposal issues as well said the Court while issuing Notices to Commissioners, Jammu Municipal Corporation as well as Srinagar Municipal Corporation to examine the issue and file a comprehensive status report before next hearing.
In furtherance of the earlier order, the court received reports on the issues that were flagged and the court has dealt with them in seriatim.
1- The following orders have been passed on the issues those were raised:The court has directed the Chief Secretary, UT of J&K as well as Secretary, Health and Medical Education to urgently examine the issue of availability of safety equipment to healthcare professionals.
In this matter it was pointed out by Adv. Ateeb Kanth that in the earlier report filed by the Health Department, only 157 technicians are available for which reason insufficient sampling is being undertaken. “…despite the Government stand that 50,000 travellers have travelled into J&K, only 4,000 people have been tested for Covid-19.” said Mr. Kanth.
2- The Court has directed Mr. V.K. Singh Director General of Police (Prisons), J&K within 10 days with regard to prisoners in Jammu and Kashmir who are lodged in the UT and in other parts of India before and the steps taken after 8th April, 2020.
In this matter that issue was regarding the High Powered Committee with regards to prisoners and status of residents of J&K/Ladakh lodged in prisons in other parts of India
3- The Court has issued notice while addressing the issue of Safety, Care, Health and Violence against Healthcare Professional. Amicus Curiae Ms. Monika Kohli appointed in this matter submitted a report and stated that the stand taken by the Ministry of Health and Family Welfare, government of India in these proceedings is most unfortunate and insensitive. She also pointed out that despite the available framework and the serious pandemic issues which are being addressed by healthcare professional, these personnel are being subjected to extreme violence in a spate of incidents all over the country.
Ms. Kohli stated that, “she has come across reports from Jammu and Kashmir of an actual incident of doctors in Budgam who were held hostage by the public and of instances where doctors have been asked to vacate the hotel accommodation which they were occupying as they were engaged in undertaking Covid-19 containment and treatment measures.”
Ms. Kohli also submited that the issue of safety, care, health and violence against these healthcare professionals needs to be addressed on priority in the Union Territories of Jammu and Kashmir as well as Ladakh.
Therefore, the court directed the Indian Medical Association (IMA), Delhi, Junior Resident Doctors, Jammu and Doctors Association of Kashmir, Srinagar to send their views and comments via e-mail.
The court after addressing various other issues in the matter, has further directed that all the reports shall be filed at least one day before the date of hearing.
The matter now would be taken up on 27th April, 2020.
-India Legal Bureau