The Supreme Court on Friday took strong exception to lack of infrastructure and salary cuts for the saddled government and private medical staff, warning the government that “you do not want dissatisfied soldiers in the war” against the COVID-19 pandemic.
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“You need to do more for them... Concerns of citizens will be addressed if their [doctors and medical workers] are addressed”, Justice S.K. Kaul, on a three-judge Bench led by Justice Ashok Bhushan, told Solicitor General Tushar Mehta.
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Senior advocate K.V. Vishwanathan, appearing for Dr. Arushi Jain, said doctors in both government and private hospitals were on the front line and should be spared salary cuts. They put their lives on the line, often facing threats not only from the rampaging virus but also mobs.
“What is this? Doctors not being paid. You [government] need to do more. This should not require the court’s intervention”, Justice Kaul said.
Dr. Jain has questioned the Centre’s new Standard Operating Procedure of May 15 for front line COVID-19 Health Care Workers (HCWs) by which it ended the 14-day mandatory quarantine for them.
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Mr. Vishwanathan, speaking for his client, said separate accommodation facilities should be made available for doctors. By going home, they exposed their families to greater risk. “Here the panacea is worse than the disease”, he submitted.
The Bench, also comprising Justice M.R. Shah, reacted that doctors should be given an opportunity to address their grievances and suggestions before a relevant body. Their opinions should be taken into consideration before protocols were announced. Their plea for accommodation should be looked into.
The court listed the case for next week.
In the previous hearing, the government told the court that hospitals were responsible for implementing the Infection Prevention and Control (IPC) activities. The final responsibility lay with the health care workers to protect themselves.
The Ministry of Health and Family Welfare told the top court that it was the responsibility of health care workers to adequately train themselves and take possible measures to prevent infection.
The government had said while the Hospital Infection Control Committee (HICC) in the health facility was responsible for implementing the Infection Prevention and Control (IPC) activities and for organising regular training on IPC for HCWs, the final responsibility lay with the HCWs to protect themselves.
It said the current pandemic was unprecedented. There was no time-tested and universally acceptable protocol pertaining to COVID-19 preparedness.