COVID-19 : J&K HC Passes Slew Of Directions For Protection Of Health Workers, Compliance Of Lockdown Guidelines

The Jammu And Kashmir High Court on Friday dealt with a batch of petitions and passed various orders regarding several issues of governance during the nationwide lockdown. A Bench comprising of Chief Justice Geeta Mittal and Justice Rajnesh Oswal conducted the proceedings via video conference. Details regarding those orders are as follows:-The Bench suggested that associations of healthcare professionals could nominate some of its members who are well versed with the ground realities and requirements for relief thereof to join in discussions with the authorities to jointly take decisions for dealing with the crisis presented by the outbreak of COVID-19. The Secretary of the Department of Health and Medical Education has been directed to consider these suggestions and inform the Court of its decision.Further, addressing the contingency that the personnel engaged in the treatment of COVID-19 patients are working well beyond their scheduled hours, the Bench asked the administration to consider keeping canteens and kitchens in all medical institutions open 24 hours to ensure necessities are always available to these personnel. It was also suggested that the involvement of NGOs and citizen volunteers could be considered. The Secretary of the Department of Health and Medical Education is now to consider these suggestions and take steps accordingly.This concern of providing basic essentials was extended to the families of the healthcare personnel by the Court, which recorded that "in order to ensure the full attention of the personnel addressing COVID-19 issues, it is necessary that they be kept free of any personal tensions and needs." So to ensure the optimum response of people addressing COVID-19 issues, be it healthcare personnel, government personnel or other officials so engaged, it was suggested that a body or a network of people be created to attend to the needs of family members or dependents of these personnel. The Secretary of the Department of Health and Medical Education has been directed to file a report on the action taken in this regard.The Court then emphasized on the need to prepare the public for the removal of lockdown restrictions. Though it cannot be said what the situation will be around April 14 (the last scheduled day of the lcokdown), the Court asserted that information regarding permissible conduct in case of any removal of restrictions must be disseminated forthwith. "It is therefore imperative to prepare the public about the permissible conduct upon removal of the restrictions (partial or complete); progression of the COVID-19 virus infection and life of the virus; possibility of carriers existing and infecting despite the lockdown and all related information…It is essential that widespread dissemination of the above information using all mediums as are available." In this light, the Secretary, Health and Medical Education Department Secretary, Social Welfare Department, Director, Information Department and Member Secretary, JK State Legal Services Authority were directed to immediately take appropriate steps towards the same, and the action plan be submitted to the Court by the Director of the Information Department.Moving on, in light of several complaints over safety measures provided to healthcare professionals, the Department of Health and Medical Education has been asked to apprise the Court of the availability of personal protection equipment for the safety of all healthcare workers.Taking up the issue of decongestion of prisons, as per the suo motu cognizance taken by the Supreme Court, it is informed that an order of the High Power Committee notifying the 'Jammu and Kashmir Suspension of Sentence Rules, 2020' has been received by the Court. In furtherance of the same, the Court has directed these rules, on categories of prisoners to be released on parole and the manner in which the same is to be executed, to be implemented at the earliest. To facilitate the same, it has been directed that steps to ensure special parole to prisoners must be taken on a priority basis and the orders must be complied with by the District Courts. Before the next date, the Court has sought a compliance report from the Member Secretary of JKSLSA. The Court has further asked the High Power Committee to view with urgency some aspects that have been raised as allegedly overlooked in this regard. With regard to residents of Jammu&Kashmir and Ladakh who are lodged in prisons in other States, the Additional Advocate General has been directed to file a report on their condition before the next hearing.Addressing the issue of safety and violence faced by healthcare professionals and establishments, the Court notes that these are matters which "would need critical attention of the Central Government as well as the Governments of Union Territories of Jammu and Kashmir and Ladakh…We may note that it is only after appropriate legislations has been put in place that the aspect of its enforcement would also...

COVID-19 : J&K HC Passes Slew Of Directions For Protection Of Health Workers, Compliance Of Lockdown Guidelines

Nilashish Chaudhary

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