Jammu & Kashmir HC asks MHA to respond on draft bill for safety of healthcare professionals; seeks inputs from IMA, other stakeholders

The Jammu and Kashmir High recently asked the Ministry of Home Affairs to file their concerns and objections over a proposed law for the protection of medical professionals i.e. the Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019..The Court issued the direction while hearing concerns over the protection of health care personnel and destruction of public health resources amid the COVID-19 pandemic. Amicus Curiae Monika Kohli told the Court that despite the available framework, healthcare personnel were being subjected to extreme violence in a spate of incidents all over the country..The Bench of Chief Justice Gita Mittal and Justice Rajneesh Oswal observed that the Ministry of Health and Family Welfare, Government of India had drafted the said Bill which could possibly address these problems..It was further noted that the Bill had already been sent for the consideration of Ministry of Home Affairs. In continuation of the same, Assistant Solicitor General Vishal Sharma was directed to file the concerns and objections of the Ministry of Home Affairs on the said Bill..The High Court has also issued notice to the Indian Medical Association, Doctors Association of Kashmir and other stakeholders in the healthcare sector for their inputs on the proposed law. These stakeholders have been directed to send their views and comments via email to the Registrar (Judicial)..Among other issues considered by the Court were concerns of insufficient sampling at testing. It was pointed out that as per the report filed by the Health Department, only 157 technicians were available, as a result of which, only 4,000 people have been tested for COVID-19. .The submission was made in the backdrop of the Government's stand that 50,000 travellers had travelled into J&K. The Court has ordered the Chief Secretary, UT of J&K as well as Secretary, Health and Medical Education to look into the issue..With regard to the impending Darbar Move, the Court noted that they had received several compliance reports on behalf of the Finance Department and the Directorate of Estates in response to the directions made in their last order..They have further directed the Secretary, General Administration Department to inform them as to the status and location of all records of the Government of Union Territory of Jammu and Kashmir as at present and file a report within two days. .Given that "the Darbar Move entails loss of several working days while the records are being packed and therefore re-arranged after the move is effected", the Bench has also called for an estimation of the salary bill for one week of the staff which is involved in the Darbar Move..The Darbar Move is the bi-annual shift of government offices from one capital city to the other (the summer and winter capital cities of Srinagar and Jammu respectively). The issues concerning the Darbar Move this year will be taken up next on April 22..Inter alia, the High Court has asked the concerned authorities for a report on the steps taken for prisoners in J&K and in other parts of India as per the guidelines of the High Powered Committee within ten days by VK Singh, Director General of Police (Prisons), J&K..Noting that the Court had not received any report on the efficiency of the internet facilities in the Union Territories, a status report was ordered to be filed by the Secretary, Home Department of the UTs of Jammu and Kashmir and Ladakh before the next date of hearing..The Divisional Commissioners of Jammu and Srinagar has been ordered to submit a report on a formal plan for the transportation of migrant workers back to their homes or places of their origin. The Court issued the direction after noting that while such stranded migrant workers had been given temporary shelter, there was no formal plan for their transportation back to their homes..While dealing with an application seeking issuance of directions for subsidized Covid-19 tests, the Bench opined that the same was a policy matter and was to be considered by the authorities..On hearing issues on the difficulties being faced by advocates for want of finances it was directed that the matter shall be treated as applications filed in Public Interest Litigation titled Lawyers Club Kashmir through Advocate Babar Jan Qadri..Regarding a host of other applications seeking personal or individual reliefs amid the pandemic, the Court has directed Registrar Judicial to examine every e-mail/application. If it is found that it seeks individual relief, the same shall not be registered as an application in the present batch of public interest litigations, the Court clarified..Notice has also been issued to the Commissioners, Jammu Municipal Corporation as well as Srinagar Municipal Corporation to examine certain sanitation problems and the rise of vector-borne diseases in some areas. The concerned authorities have been directed to draw up a comprehensive action plan on and file a status report within 10 days. .The High Court has directed that all reports called for are to be filed at least one day before the date of hearing so that they could be numbered, paginated and copies of the same can be sent to all the counsels whose e-mails were on record..The matter will be taken up next on April 27..Read the order here: