Supreme Court will hear the plea filed by United Nurses Association (UNA) seeking directions to formulate a ‘National COVID19 Management Protocol’ for addressing the serious concerns relating to imminent and extreme risks posed to the health and safety of ‘Health Care Workers’ and to ensure the availability of ‘Personal Protective Equipment’ kits to every healthcare worker who are working to treat COVID19 patients.
The Petitioner , United Nurses Association (UNA) is one of the largest nurses associations with 3.8 lakhs Nurses as its members representing the interest of the registered nurses through its constituents and its organizational affiliates
The Petitioner has pointed out that the Health care workers are at the front line of the COVID-19 outbreak response and as such are exposed to hazards that put them at risk of infection, including hazards like pathogen exposure, long working hours, psychological distress, fatigue, occupational burnout, stigma, and physical and psychological violence etc.
The petition has also pointed out failure on part of the Indian government to conceive a National Protocol, for addressing the serious concerns relating to imminent and extreme risks posed to the health and safety of medical personnel throughout the territory of India, even after the World Health Organization has issued interim guidance for standardizing the rights, roles and responsibilities of health care workers internationally. Therefore a ‘National COVID19 Management Protocol’ should be formulated.
The petitioner has drawn attention of the Court towards the following problems being faced by the healthcare force of the Country:
- Non-availability of sufficient personal protective equipment(PPE) in numerous hospitals throughout India;
- Non-availability of sufficient number of COVID-19 testing kits;
- Sub-standard Personal Protection Equipments (PPE);
- Lack of training on infection prevention and control (IPC);
- Lack of basic facilities in isolation wards; Isolation precautions are not being followed by WHO norms;
- Hourly disinfection is not being done in the wards, and;
- Mental harassment in the nature of forced over-time followed by negligible transport facilities and deduction of salary on account of leaves.
The petitioner has argued that the Corona virus is transmitted between people through close contact and droplets, making health care workers more prone to coming in contact with the infection, therefore being at a high risk of contracting the infection if not protected.
While stating that protection of these workers should be of paramount importance for the government, the petitioner has prayed for the following reliefs :
- Formulation of a National COVID19 Management Protocol;
- Ensure that Covid-19 protection kits are made available to every single health care professional working in the corona isolation wards or in close proximity of suspected patients suspected;
- Ensure provision of adequate and standard nutritious meals , transportation, and accommodation in close proximity to the healthcare workers;
- ensure that all health care workers are trained on infection prevention and control (IPC), proper use and disposal of Personal Protection Equipment (PPE);
- ensure that the infrastructure of hospitals and health care centres are temporarily expanded so to provide separate and hygienic washrooms for staff;
- Expansion of the scope of personal accident cover provided under the “ Pradhan Mantri Garib Kalyan Package Health Workers Fighting COVID-19‟ to include all health care workers across sectors, including those recruited on ad-hoc basis;
- Eensure that Landlords / Owners throughout the country be prohibited from adhering to the recent trend of evicting the health workers owing to their concern that their health will be in jeopardy, and;
- Provision of free testing facility and treatment for the health care workers in case of infection of Covid-19 while they are on duty, and no deduction of salary if they get infected.
-India Legal Bureau