Doctors Rose As Unwavering Heroes During Covid-19 Crisis; Their Sacrifice Indelible : Supreme Court

In the judgment holding that the Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19 covers doctors who were not formally requisitioned by the government, the Supreme Court reflected on the scale of the COVID-19 crisis and the role played by doctors and health workers.A bench of Justice PS Narasimha and Justice R Mahadevan said the pandemic's conditions could not be forgotten when deciding whether the services of healthcare professionals had been requisitioned under the law in 2020. The Court described the onset of COVID-19 as “unprecedented in its global sweep and consequence” and noted that not since the 1918 influenza pandemic had a single infectious disease inflicted such disruption. It observed that the pandemic exposed acute systemic fragility within the global healthcare sector and highlighted the strain on health professionals.The Court recalled the contribution of doctors during this period. It said, “While COVID-19 pandemic exposed an acute systemic fragility within the global healthcare sector, highlighted lack of preparedness and strained the capacity of health professionals, our doctors and health professionals rose as unwavering heroes, turning challenges into courage.” Referring to Indian Medical Association data, the Court noted that 748 doctors died in the first wave and that hundreds more died in later waves, including an estimate of around 798 deaths in the second wave alone. The Court added, “The courage and sacrifice of our doctors remain indelible.” The Court also reflected on the atmosphere in which the public responded to the crisis. “The country has not forgotten the situation that prevailed at the onset of Covid-19, when every citizen contributed in some measure, despite fear of infection or imminent death. That is also a moment of pride and recognition of the strength of character and discipline that our people demonstrated when circumstances demanded it”, the Court observed. The bench said that four years after the pandemic, the Court could not ignore the situation that prevailed in 2020 while interpreting the Pradhan Mantri Garib Kalyan Yojna.It explained that the emergency situation meant immediate action was required and that individual letters requisitioning doctors were not feasible. It emphasised that the Epidemic Diseases Act, 1897 and the Maharashtra Prevention and Containment of COVID-19 Regulations, 2020 had to be understood in the context of those circumstances. These Court concluded that laws and regulations invoked in March 2020 were intended to leave no stone unturned in requisitioning the doctors.“We have no hesitation in concluding that invocation of laws and Regulations were intended to leave no stone unturned in requisitioning the doctors and the insurance scheme was equally intended to assure doctors and health professionals in the front line that the country is with them. In this view of the matter, we are not inclined to take the view that there was no requisitioning of the doctors and medical professionals”, the Court held.Case no. – SLP(C) No. 16860/2021Case Title – Pradeep Arora v. Director, Health DepartmentClick Here To Read/Download Judgment

Doctors Rose As Unwavering Heroes During Covid-19 Crisis; Their Sacrifice Indelible : Supreme Court

Amisha Shrivastava

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