The Author, Vikas Rathour is a law student at PSIT College of Law, Kanpur. He is Campius Ambassador and Guest Legal Correspondent of LatestLaws.com.
The Central Government of India, on 22April, 2020, after the approval of Union Cabinet passed The Epidemic Disease (Amendment) Ordinance, 2020 for the protection of health workers and healthcare service personnel who are the most critical service provider during this formidable situation of the country because of COVID19 pandemic. The flagrant instances have been seen that the member of healthcare service personnel being targeted and attacked by miscreants and chaotic elements.
Whereas the Parliament is not in session because of complete lockdown in country, the President satisfied that it is the need of hour to take stringent action as per the circumstances. Therefore, the President of India by using their power conferred by clause (1) of Article 123 if the Constitution of India, has given his assent for promulgation of the ordinance to amend the 123 year old legislation, The Epidemic Disease Act,1897 which make such act of violence and harassment against healthcare worker a cognizable and non-bailable offence and also prescribe punishments to those who commits or abets the commitment of such act and also provide compensation to the member of healthcare service personnel in case of hurt or grievous hurt.
The Epidemic Disease (Amendment) Ordinance, 2020 defines “Act of violence” as harassment which affect the living or working condition of the any health care personnel and any act which prevents him or her to fulfill their duties. Any harm, injury, hurt, intimidation, or danger to the life of such healthcare personnel either with in the premises of clinical establishment or otherwise; or any act which cause of obstruction to such health care personnel in the discharging of his or her duties or loss or damages of any property or document related to such health care personnel,
The Epidemic Disease (Amendment) Ordinance, 2020 amend the section 3 of The Epidemic Disease Act, 1897 and includes the provision which prescribes the punishment for the wrongdoer. Section 3 (2) clearly states that whoever commits or abet the commission of such act of violence or cause damages or loss to any property or document related to health care personnel shall be punished for the term not less than 3 months, but may extend to 5 year, and with fine which shall not be less than 50,00 rupees, but may extent to 2 lakh Rupees. In case of grievous hurt to health care personnel, such person shall be punished with imprisonment for a term not less than 6 months but may extend to 7 year and with fine, which shall not be less than 1 lakh rupees, but may extent to 5 lakh rupees.
The amendment make such offence cognizable and non-bailable and investigation of such offence shall be done by a police officer not below the rank of Inspector and investigation must be completed within the 30 days from the registration of the FIR and trial has to be concluded within a period of 1 year, provided that the said period may be extended, for reasons to be recorded in writing by the court, but not exceeding 6 months.
The convicted person is also liable to pay such amount of compensation, as may be prescribed by the court for causing hurt or grievous hurt to any heath care personnel and in case of failure to do so, such amount shall be recovered as an arrear of land revenue under the Revenue Recovery Act,1890.
There is no doubt that during this COID19 pandemic, the member of health care personnel are playing the role as like a soldiers who are battling the spread of coronavirus. To ensure the safety of people they put their own life in risk. The community of health care personnel are performing their duties without any discrimination and trying to give their best.
So it is our duty to encourage them and give respect them. This Ordinance will work as the safeguard of the member of health care personnel who are contributing a lot through their profession to the society in this extremely difficult and formidable circumstances of the pandemic.
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