Embed Size (px)
Citation preview
B
SYNOPSIS
The present Writ Petition has been filed in public interest
under Article 32 of the Constitution of India (“CoI”) by the Petitioner
- Dr. Jerryl Banait, a practising medical professional, inter alia
seeking issuance of a writ of mandamus to direct the Respondents –
Union of India through the Ministry of Health & Family Welfare and
the Director General of Health Services, Govt. of India the following -
1. To ensure availability of World Health Organisation (“WHO”)
graded protective gear, including Hazmat (Hazardous material)
suits, Personal Protective Equipment (PPE) including sterile
medical / Nitrile gloves, starch apparels, medical masks,
goggles, face shield, respirators (i.e., N – 95 Respirator Mask or
Triple Layer Medical Mask or equivalent), shoe covers, head
covers and coveralls / gowns to all Health Workers including
doctors, nurses, ward boys, other medical and para-medical
professionals actively attending to, and treating patients
suffering from COVID-19 in India, not just in Metro Cities, but
also in Tier – 2 and Tier – 3 cities.
2. Issue necessary directives to the States to set up COVID-19
special screening centres in smaller towns and other cities and
to take immediate steps to ensure effective implementation of
the Guidelines for Infection Prevention and Control in
Healthcare Facilities dated 25.01.2020, issued by the Ministry of
Health and Family Welfare (India) through the National Centre
for Disease Control, under the Directorate of General Health
C
Services, which inter alia prescribe procedures and practices to
be adopted for infection prevention and control.
3. This Hon‟ble Court be further pleased to direct the Respondents
herein to take necessary steps to ensure adherence to the
Guidelines issued by the World Health Organization (WHO) on
the Rational Use of Personal Protective Equipment for
Coronavirus Disease 2019 (COVID-19) dated 27.02.2020 and
the Guidelines on Rational use of Personal Protective
Equipment (“PPE”) issued by the Ministry of Health and Family
Welfare on 24.03.2020.
It is most respectfully submitted that „Annexure A‟ to the
Guidelines dated 24.03.2020 provide specific details of the PPEs. In
addition, Clause 5.1 of the said Guidelines state –
POINT OF ENTRY
Sl. No
Setting Activity Risk Recommended PPE
Remarks
1 Health Desk Provide information to travellers
Low risk Triple layer medical mask Gloves
Minimum distance of one meter needs to be maintained.
2
Immigration counters, customs and airport security
Provide services to the passengers
Low risk Triple layer medical mask Gloves
Minimum distance of one meter needs to be maintained.
3 Temperature recording station
Record Temperature with hand held thermal recorder.
Low risk Triple layer medical mask Gloves
4 Holding area/ Isolation facility of APHO
Interview & Clinical examination by doctors/ nurses
Moderate Risk
N-95 masks Gloves
5 Isolation facility of APHO
Clinical management (doctors, nurses)
Moderate Risk
N-95 masks Gloves
D
Attending to severely ill passenger
High risk Full complement of PPE
When aerosol generating procedures are anticipated
5 Sanitary staff
Cleaning frequently touched surfaces/ Floor/ linen
Moderate risk
N-95 mask Gloves
6 Administrative staff
Providing administrative support
No risk No PPE
No contact with COVID- 19. Should not venture into areas where COVID-19 cases are managed.
Clause 5.4 of the said Guidelines further provides that –
QUARANTINE FACILITY
Setting Activity Risk Recommended PPE
Remarks
1
Persons being quarantined
Low Risk Triple Layer Mask
-
2
Healthcare staff working at quarantine facility
Health monitoring and temperature recording
Low Risk Triple layer mask Gloves
-
Clinical examination of symptomatic persons
Moderate Risk
N-95 masks Gloves
-
3 Support staff
Low Risk
Triple layer mask Gloves
-
BRIEF FACTS
According to WHO, coronaviruses are a large family of
viruses which may cause illness in humans, known to cause
respiratory infections ranging from the common cold to more severe
E
diseases such as Middle East Respiratory Syndrome (“MERS”) and
Severe Acute Respiratory Syndrome (“SARS”).
The most recently discovered and widespread coronavirus is
the COVID-19. The first few cases of COVID-19 were reported in
Wuhan, Hubei Province, China on 31.12.2019. Soon thereafter, the
virus engulfed 185 countries, and the WHO on 11.03.2020, declared
COVID-19 as a pandemic. The WHO has reiterated its call for
countries to take immediate actions and scale up response to treat,
detect and reduce transmission to save people‟s lives. As on date,
the said virus has affected more than 5,00,000 people worldwide,
and caused death of more than 22,000 people.
The symptoms of COVID-19, like any other flu, are fever,
tiredness, and dry cough. Some patients may have aches and pains,
nasal congestion, runny nose, sore throat or diarrhoea. These
symptoms are usually mild and begin gradually. Around 1 out of
every 6 people who gets COVID-19 becomes seriously ill and
develops difficulty breathing. Older people, and those with
underlying medical problems like high blood pressure, heart
problems or diabetes, are more likely to develop serious illness.
People can expose themselves to COVID-19 from others who
carry the virus. The disease can spread from person to person
through small droplets from the nose or mouth which are spread
when a person with COVID-19 coughs or exhales. These droplets
land on surfaces around the person. Other people then catch
COVID-19 by touching these objects or surfaces, then touching their
F
eyes, nose or mouth. People can also catch COVID-19 if they
breathe in droplets from a person with COVID-19 who coughs out or
exhales droplets. In such a scenario, doctors, who are the first line
of defence in battling such a pandemic, are the most vulnerable to
fall prey to the virus, while protecting others from it.
COVID-19 IN INDIA
India reported its first confirmed case of COVID-19 on
30.01.2020, in the State of Kerala. The affected patient had a travel
history from Wuhan, China. On 10.03.2020, India reported its first
death in a coronavirus case.
On 22.03.2020, India observed a 14-hour voluntary public
curfew (Janta curfew) at the instance of the Hon‟ble Prime Minister,
Shri Narendra Modi. The Government followed it up with lockdowns
in 75 districts where COVID – 19, cases had occurred as well as all
major cities.
On 24.03.2020, to combat the pandemic, the Hon‟ble Prime
Minister of India announced, “In order to protect the country, and
each of its citizens, from midnight tonight, a complete ban is being
imposed on people from stepping out of their homes.” This
nationwide lockdown is currently in effect for the next 21 days.
According to the Respondent No. 1 - Ministry of Health &
Family Welfare, as of 26.03.2020, a total of 633 COVID-19 active
cases (647 Indians and 47 foreign nationals) have been reported in
26 States/Union Territories. These include 45 who have been
G
cured/discharged, and 16 reported deaths. According to experts,
India is now entering into phase III i.e. wide-spread community
transmission of the virus.
As there is no specific vaccination to prevent or cure COVID-
19, it is imperative for doctors to be in constant contact with patients,
so as to monitor them on regular intervals, and observe their
symptoms. In the absence of appropriate protective gear, doctors
put themselves at the risk of being affected by the virus in the
discharge of their duties. It is the duty of the States to ensure graded
protective gear to doctors and other welfare facilities, so as to aid
them to combat the virus.
In the case, where the hospitals and health centres are not
provided WHO standardized masks and gowns, medical staff
mortality will exponentially increase and the situation will spiral out of
control in the absence of sufficient medical assistance.
It is most respectfully submitted, that, unfortunately, due to
the lack of awareness on COVID-19, a Doctor has been admitted to
the Jalgaon Government Medical College, Jalgaon, after being
turned away from four private hospitals, and is now on the ventilator
battling for life.
The need of the hour, therefore is to ensure that the
respective State Governments take immediate actions to provide
adequate protective gear to the medical professionals, not only in
the Metro Cities, but also in Tier 2 and Tier 3 cities across the
Country, to ensure that those who are continuously working towards
H
treating and testing the diagnosed patients, and to screen and
quarantine the ones suspected, are not susceptible to the virus and
are protected themselves.
In view of the present situation being faced by health care
centres in several cities, the Petitioner urges and prays before this
Hon‟ble Court to take cognizance of the urgency of the needs of
doctors and para medical staff, thereby directing the concerned and
appropriate departments, ministries or authorities to provide
essential equipment of WHO standardization as soon as possible to
all primary health care systems and hospitals in all states of India.
That this Hon‟ble Court in light of the present situation, has on
16.03.2020 taken suo-moto cognizance in matters pertaining to
safety of Prisoners and Children in conflict with law lodged in various
Jails and Remand Homes across the country and has also ensured
that Mid-Day meals are provided as per the policies, even during
lock-down.
The Petitioner had raised the above concerns and requested
the Hon‟ble Chief Justice of India and His Companion Judges of this
Hon‟ble Court to take suo-moto cognizance of the precarious
position of the medical fraternity in the country during the outbreak
of COVID-19 by a letter dated 23.03.2020. However, considering
that each passing day is critical in a situation such as this, the
present petition is being preferred.
I
ORDERS PASSED BY HON’BLE HIGH COURT OF ANDHRA
PRADESH AT AMRAVATHI AND HON’BLE BOMBAY HIGH
COURT AT GOA
It is pertinent to note that the Hon‟ble High Court Andhra
Pradesh, at Amravathi in PIL No. 83/2020 vide its Order dated
26.03.2020 has taken cognisance of a similar Public Interest
Litigation and directed the state government to provide all necessary
equipment like N-95 masks, sterile medical gloves, starch apparels,
PPE and accessories to all doctors, nurses, ward boys and all
paramedical staff.
The Hon‟ble High Court Andhra Pradesh, at Amravathi in RE:
Coronavirus COVID Pandemic v. State of Andhra Pradesh & Anr.
[Taken Up Writ Petition No. 8129 of 2020] vide its Order dated
26.03.2020 has taken suo moto cognisance and inter alia directed
the state government to ensure and provide all necessary
equipment like N-95 masks, sterile medical gloves, starch apparels,
personal protection equipment and all other necessary things to the
Doctors in the dispensaries and other Paramedical staff, thereby
they may be in a position to provide medical aid to the citizens for a
period of one month.
Similarly, the Hon‟ble High Court of Bombay, at Goa, on
27.03.2020 has taken cognizance of a letter addressed by students
bearing subject “Inadequacy of the medical preparedness for the
COVID-19 outbreak by the Government of Goa. The High Court has
issued notice to the State Government and has placed the matter on
30.03.2020.
J
In light of above, an appropriate order / directions protecting
the interests of doctors, nurses, ward boys and all paramedical staff
throughout the country, who are currently battling the war against
the spread of virus, as the first responders, is required to be passed
by this Hon‟ble Court.
The present is not an adversarial litigation, but an attempt by
the Petitioner who is the member of the Medical Community to
ensure that while the country is battling with the Pandemic, the lives
and safety of the First Responders are not put to risk.
Hence, the present Writ Petition.
LIST OF DATES
31.12.2019 World Health Organization - China country office
was informed of several new cases of pneumonia
unknown etiology detected in Wuhan city, Hubei
province, China.
07.01.2020 Chinese authorized identified a new type of
Coronavirus i.e. COVID-19.
13.01.2020 The Ministry of Public Health, Thailand reported
the first imported case of COVID-19.
25.01.2020 The Ministry of Health and Family Welfare (India)
through the National Centre for Disease Control,
under the Directorate of General Health Services
issued Guidelines for Infection Prevention and
K
Control in Healthcare Facilities, which inter alia
prescribe procedures and practices to be adopted
for infection prevention and control.
30.01.2020 The Director General WHO declared that the
outbreak of COVID-19 constituted a Public Health
Emergency of International Concern (PHEIC) as
per the advice of International Health Regulations
(IHR) Emergency Committee.
30.01.2020 A Laboratory confirmed case of COVID-19 was
reported in the State of Kerala. The patient had a
travel history to Wuhan, China.
27.02.2020 Guidelines were issued by the World Health
Organization (WHO) on the Rational Use of
Personal Protective Equipment for Coronavirus
Disease 2019 (COVID-19).
10.03.2020 India reported its first death in a COVID-19 case.
11.03.2020 World Health Organisation declared COVID-19
as a pandemic.
16.03.2020 This Hon‟ble Court in light of the present COVID-
19 situation, has taken suo-moto cognizance in
matters pertaining to safety of Prisoners and
Children in conflict with law lodged in various
Jails and Remand Homes across the country and
has also ensured that Mid-Day meals are
provided as per the policies, even during lock-
L
down.
20.03.2020 Due to the lack of awareness on COVID-19, a
Doctor was admitted to the Jalgaon Government
Medical College, Jalgaon, after being turned
away from four private hospitals, and is now on
the ventilator battling for life.
22.03.2020 India observed a 14-hour voluntary public curfew
(Janta curfew) at the instance of the prime
minister Narendra Modi.
23.03.2020 The Petitioner had addressed a letter to the Chief
Justice of India and His Companion Judges of
this Hon‟ble Court requesting to take suo-moto
cognizance of the precarious position of the
medical fraternity in the country during the
outbreak of COVID-19.
24.03.2020 A 21-day lockdown was declared by the Prime
Minister of India.
24.03.2020 The Ministry of Health and Family Welfare issued
Guidelines on Rational use of Personal Protective
Equipment (PPE).
26.03.2020 - The High Court Andhra Pradesh, at Amravathi
in PIL No. 83/2020 has taken cognisance of a
similar Public Interest Litigation and directed the
State Government to provide all necessary
equipment like N-95 masks, sterile medical
M
gloves, starch apparels, PPE and accessories to
all doctors, nurses, ward boys and all
paramedical staff.
- The Hon‟ble High Court Andhra Pradesh, at
Amravathi in RE: Coronavirus COVID Pandemic
v. State of Andhra Pradesh & Anr. [Taken Up Writ
Petition No. 8129 of 2020] vide its Order dated
26.03.2020 has taken suo moto cognisance and
inter alia directed the state government to ensure
and provide all necessary equipment like N-95
masks, sterile medical gloves, starch apparels,
personal protection equipment and all other
necessary things to the Doctors in the
dispensaries and other Paramedical staff, thereby
they may be in a position to provide medical aid
to the citizens for a period of one month.
27.03.2020 The Hon‟ble High Court of Bombay, at Goa has
taken cognizance of a letter addressed by
students bearing subject “Inadequacy of the
medical preparedness for the COVID-19 outbreak
by the Government of Goa. The High Court has
issued notice to the State Government and has
placed the matter on 30.03.2020
28.03.2020 Hence, the present Writ Petition.
1
IN THE HON’BLE SUPREME COURT OF INDIA
[CIVIL ORIGINAL JURISDICTION]
WRIT PETITION (CIVIL) NO. ________ OF 2020
IN THE MATTER OF:
A Writ Petition under Article 32 of the
Constitution of India;
AND IN THE MATTER OF:
Petition for violation of fundamental
rights under Articles 14, 19, 21 of the
Constitution of India
AND IN THE MATTER OF:
Issuance of an appropriate writ,
order or direction to ensure
availability of World Health
Organisation (“WHO”) graded
protective gear, including Hazmat
(Hazardous material) suits, Personal
Protective Equipment (PPE)
including sterile medical / Nitrile
gloves, starch apparels, medical
masks, goggles, face shield,
respirators (i.e., N – 95 Respirator
Mask or Triple Layer Medical Mask
or equivalent), shoe covers, head
covers and coveralls / gowns to all
Health Workers including doctors,
nurses, ward boys, other medical
and para-medical professionals
actively attending to, and treating
patients suffering from COVID-19 in
India, not just in Metro Cities, but
also in Tier – 2 and Tier – 3 cities.
AND IN THE MATTER OF:
Issuance of an appropriate writ,
order or direction to set up COVID-
2
19 special screening centres in
smaller towns and other cities and to
take immediate steps to ensure
effective implementation of the
Guidelines for Infection Prevention
and Control in Healthcare Facilities
dated 25.01.2020, issued by the
Ministry of Health and Family
Welfare (India) through the National
Centre for Disease Control, under
the Directorate of General Health
Services, which inter alia prescribe
procedures and practices to be
adopted for infection prevention and
control.
AND IN THE MATTER OF:
Issuance of an appropriate writ, order
or direction to take necessary steps to
ensure adherence to the Guidelines
issued by the World Health
Organization (WHO) on the Rational
Use of Personal Protective
Equipment for Coronavirus Disease
2019 (COVID-19) dated 27.02.2020.
AND IN THE MATTER OF:
Issuance of an appropriate writ,
order or direction to take necessary
steps to ensure adherence to the
Guidelines on Rational use of
Personal Protective Equipment
(“PPE”) issued by the Ministry of
Health and Family Welfare on
24.03.2020.
IN THE MATTER OF:
Dr. Jerryl Banait
…PETITIONER
3
VERSUS
1. Union of India
Through Secretary
Ministry of Health and Family Welfare
Nirman Bhavan, Near Udyog Bhawan Metro Station,
Maulana Azad Rd, New Delhi, Delhi 110011
2. Director General of Health Services
Ministry of Health and Family Welfare
Room No. 446-A, Nirmal Bhawan
New Delhi – 110 011
… RESPONDENTS
To, THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED.
MOST RESPECTFULLY SHOWETH:
1. That following are the details which petitioner is required to
disclose in the Writ Petition as per Order XXXVII Rule 12(2) of
Supreme Court Rules-2013:-
a) That cause of action for filing present Writ Petition under
Article 32 of Constitution of India is that in the wake of the
widespread of COVID-19 in India from 30.01.2020, doctors
& medical professionals all over India are exposed to this
4
life-threatening disease in the absence of WHO graded
protective gear, including Hazmat (Hazardous material)
suits, Personal Protective Equipment (PPE) as provided by
the World Health Organization and reiterated by the
Ministry of Health and Family Welfare, Government of
India, which is not only detrimental to them as medical
practioners who are first responders in testing and
providing medical care and assistance but for their own
personal well being as well.
c) That nature of injury caused to or likely to be caused to the
Public is grave and bearing serious repercussion on the
public health and economy of the nation.
d) That, there is no personal interest involved in the present
matter, and the present petition is being filed in the interest
of the Medical Practioners all across the country.
e) That the petitioner has not been involved in any kind of
civil, criminal or revenue litigation with regard to the issue
raised by him and as such has no legal nexus with the
issue involved in the Public Interest Litigation.
f) It is respectfully submitted that petitioner has not forwarded
any kind of representation to Respondents.
2. The present Writ Petition has been filed in public interest under
Article 32 of the Constitution of India (“CoI”) by the Petitioner -
Dr. Jerryl Banait, inter alia seeking issuance of a writ of
mandamus to direct the Respondents – Union of India through
5
the Ministry of Health & Family Welfare and the Director
General of Health Services, Govt. of India, to ensure availability
of World Health Organisation (“WHO”) graded protective gear,
including Hazmat (Hazardous material) suits, Personal
Protective Equipment (PPE) including sterile medical / Nitrile
gloves, starch apparels, medical masks, goggles, face shield,
respirators (i.e., N – 95 Respirator Mask or Triple Layer Medical
Mask or equivalent), shoe covers, head covers and coveralls /
gowns to all Health Workers including doctors, nurses, ward
boys, other medical and para-medical professionals actively
attending to, and treating patients suffering from COVID-19 in
India, not just in Metro Cities, but also in Tier – 2 and Tier – 3
cities.
3. The Petitioner further prays that the Respondents issue
necessary directives to the States to set up COVID-19 special
screening centres in smaller towns and other cities and to take
immediate steps to ensure effective implementation of the
Guidelines for Infection Prevention and Control in Healthcare
Facilities dated 25.01.2020, issued by the Ministry of Health
and Family Welfare (India) through the National Centre for
Disease Control, under the Directorate of General Health
Services, which inter alia prescribe procedures and practices to
be adopted for infection prevention and control.
6
4. This Hon‟ble Court be further pleased to direct the Respondents
herein to take necessary steps to ensure adherence to the
Guidelines issued by the World Health Organization (WHO) on
the Rational Use of Personal Protective Equipment for
Coronavirus Disease 2019 (COVID-19) dated 27.02.2020 and
the Guidelines on Rational use of Personal Protective
Equipment (“PPE”) issued by the Ministry of Health and Family
Welfare on 24.03.2020.
5. The Petitioner herein is a doctor by profession holding a degree
in MBBS and hails from a family of doctors who are all involved
as first responders to the pandemic. Petitioner‟s brother i.e. Dr.
Yash Bainait is posted at Chattrapati Shivaji International
Airport, Terminal II (International Terminal) at Mumbai and
heads a team of 30 doctors who screen and examine incoming
passengers from different countries for COVID-19. Petitioner‟s
father i.e. Dr. Avinash Banait is the former president of Indian
Academy of Paediatrics and actively works for community
development. He has received national and international
awards lauding his work in this field. He is currently operating
an Outdoor Patient Dispensary (OPD) at Nagpur and attends to
numerous patients daily. Petitioner‟s mother i.e. Dr. Jaishree
Banait is a Gynaecologist & Obstetrician, and is running an
OPD at Nagpur. The Petitioner herein is a Guiness and Limca
world record holder, a TEDx speaker and a RTI activist.
Petitioner is a wildlife conservationist and has been involved in
7
PILs for wildlife conservation and environment protection. He is
also a founder of AVI foundation, an NGO which works for
Wildlife and Environment Protection.
6. The Respondent No. 1 is the Union of India, through Ministry of
Health and Family Welfare, which is responsible for formulating
and regulating health policies throughout the nation.
Respondent Nos. 2 is the Director General of Health Services,
who is critical in ensuring that the Various State Govt and
concerned authorities implement the policies and
guidelines/regulations in a proper and effective manner.
7. According to WHO, coronaviruses are a large family of viruses
which may cause illness in humans, known to cause respiratory
infections ranging from the common cold to more severe
diseases such as Middle East Respiratory Syndrome (“MERS”)
and Severe Acute Respiratory Syndrome (“SARS”).
8. The most recently discovered and widespread coronavirus is
the COVID-19. The first few cases of COVID-19 were reported
in Wuhan, Hubei Province, China on 31.12.2019. Soon
thereafter, the virus engulfed 185 countries, and the WHO on
11.03.2020, declared COVID-19 as a pandemic.
9. On 25.01.2020, the Ministry of Health and Family Welfare
(India) through the National Centre for Disease Control, under
the Directorate of General Health Services issued Guidelines
for Infection Prevention and Control in Healthcare Facilities
8
which inter alia prescribe procedures and practices to be
adopted for infection prevention and control. A copy of the
relevant potion of the Guidelines for Infection Prevention and
Control in Healthcare Facilities dated 25.01.2020, issued by the
Ministry of Health and Family Welfare (India) through the
National Centre for Disease Control, under the Directorate of
General Health Services is hereto annexed and marked as
ANNEXURE P - 1 Page Nos. 26 to 51].
10. On 30.01.2020, India reported its first confirmed case of
COVID-19, in the State of Kerala. The affected patient had a
travel history from Wuhan, China.
11. On 27.02.2020, Guidelines were issued by the World Health
Organization (WHO) on the Rational Use of Personal Protective
Equipment for Coronavirus Disease 2019 (COVID-19). A copy
of the Guidelines on the Rational Use of Personal Protective
Equipment for Coronavirus Disease 2019 (COVID-19) dated
27.02.2020 issued by the World Health Organization (WHO) is
hereto annexed and marked as ANNEXURE P – 2 [Page Nos.
52 to 58].
12. On 10.03.2020, India reported its first death as CODVID-19
case.
13. Due to the lack of awareness on COVID-19, a Doctor has been
admitted to the Jalgaon Government Medical College, Jalgaon,
after being turned away from four private hospitals, and is now
9
on the ventilator battling for life. A copy of the Newspaper article
dated 20.03.2020 is hereto annexed and marked as
ANNEXURE P – 3 [Page No. 59]. Copies of screen-shots of
status updates of doctors raising their concerns regarding
COVID-19 situation and their safety is hereto annexed and
marked as ANNEXURE P – 4 [Page Nos. 60 to 63].
14. On 22.03.2020, India observed a 14-hour voluntary public
curfew (Janta curfew) at the instance of the Hon‟ble Prime
Minister, Shri Narendra Modi. The Government followed it up
with lockdowns in 75 districts where COVID – 19, cases had
occurred as well as all major cities.
15. Petitioner had raised his concerns and requested the Hon‟ble
Chief Justice of India and His Companion Judges of this
Hon‟ble Court to take suo-moto cognizance of the precarious
position of the medical fraternity in the country during the
outbreak of COVID-19 by a letter dated 23.03.2020. A copy of
the letter dated 23.03.2020 addressed by the Petitioner to the
Chief Justice of India and his Companion Judges of this Hon‟ble
Court is hereto annexed and marked as ANNEXURE P – 5
[Page Nos. 64 to 67].
16. On 24.03.2020, to combat the pandemic, the Hon‟ble Prime
Minister of India announced, “In order to protect the country,
and each of its citizens, from midnight tonight, a complete ban
is being imposed on people from stepping out of their homes.”
10
This nationwide lockdown is currently in effect for the next 21
days. Left with no alternative, since the filing and listing of
cases were also temporarily suspended by this Hon‟ble Court,
the Petitioner herein had also approached the Ld. Solicitor
General on 24.03.2020, wherein the Ld. Solicitor General, had
informed the Petitioner that the representation is being sent to
the highest official for immediate action, but unfortunately
nothing has been done till date, and with each passing day,
these professionals are doing their duty with utmost
commitment and sincerity without having the basic WHO
approved protective gear.
17. Further, Guidelines on Rational use of Personal Protective
Equipment (“PPE”) were issued by the Ministry of Health and
Family Welfare on 24.03.2020. A copy of the Guidelines on
Rational Use of Personal Protective Equipment (PPE)” issued
by the Ministry of Health and Family Welfare dated 24.03.2020
is hereto annexed and marked as ANNEXURE P – 6 [Page
Nos. 68 to 78].
18. It is pertinent to note that the Hon‟ble High Court Andhra
Pradesh, at Amravathi in PIL No. 83/2020 vide its Order dated
26.03.2020 has taken cognizance of a similar Public Interest
Litigation and directed the state government to provide all
necessary equipment like N-95 masks, sterile medical gloves,
starch apparels, PPE and accessories to all doctors, nurses,
ward boys and all paramedical staff. A copy of Order dated
11
26.03.2020 passed by the High Court Andhra Pradesh, at
Amravathi in PIL No. 83/2020 is hereto annexed and marked as
ANNEXURE P – 7 [Page Nos. 79 to 82].
19. The Hon‟ble High Court Andhra Pradesh, at Amravathi in RE:
Coronavirus COVID Pandemic v. State of Andhra Pradesh &
Anr. [Taken Up Writ Petition No. 8129 of 2020] vide its Order
dated 26.03.2020 has taken suo moto cognisance and inter alia
directed the state government to ensure and provide all
necessary equipment like N-95 masks, sterile medical gloves,
starch apparels, personal protection equipment and all other
necessary things to the Doctors in the dispensaries and other
Paramedical staff, thereby they may be in a position to provide
medical aid to the citizens for a period of one month. A copy of
Order dated 26.03.2020 passed by the High Court Andhra
Pradesh, at Amravathi in Taken Up Writ Petition No. 8129 of
2020 is hereto annexed and marked as ANNEXURE P – 8
[Page Nos. 83 to 90].
20. The Hon‟ble High Court of Bombay, at Goa, on 27.03.2020 has
taken cognizance of a letter addressed by students bearing
subject “Inadequacy of the medical preparedness for the
COVID-19 outbreak by the Government of Goa. The High Court
has issued notice to the State Government and has placed the
matter on 30.03.2020. A copy of the Order dated 27.03.2020
passed by the Hon‟ble High Court of Bombay at Goa in PIL
12
(WP) No. 18 / 2020 is hereto annexed and marked as
ANNEXURE P – 9 [Page No. 91].
21. That, according to the Respondent No. 1 - Ministry of Health &
Family Welfare, as of 27.03.2020 @ 9.15 a.m., a total of 724
COVID-19 [640 active cases] with 677 Indian nationals and 47
foreign nationals have been reported in 26 States/Union
Territories. These include 67 who have been discharged, and
17 deaths. According to experts, India is now entering into
phase III i.e. wide-spread community transmission of the virus.
22. The Petitioner herein is approaching this Hon‟ble Court under
Article 32 of the CoI, on the following grounds inter alia –
A. The WHO on 11.03.2020, declared COVID-19 as a
pandemic. The WHO has reiterated its call for countries to
take immediate actions and scale up response to treat,
detect and reduce transmission to save people‟s lives. As
on date, the said virus has affected more than 5,00,000
people worldwide, and caused death of more than 20,000
people.
B. The symptoms of COVID-19, like any other flu, are fever,
tiredness, and dry cough. Some patients may have aches
and pains, nasal congestion, runny nose, sore throat or
diarrhoea. These symptoms are usually mild and begin
gradually. Around 1 out of every 6 people who gets
COVID-19 becomes seriously ill and develops difficulty
13
breathing. Older people, and those with underlying medical
problems like high blood pressure, heart problems or
diabetes, are more likely to develop serious illness.
C. People can expose themselves to COVID-19 from others
who carry the virus. The disease can spread from person
to person through small droplets from the nose or mouth
which are spread when a person with COVID-19 coughs or
exhales. These droplets land on surfaces around the
person. Other people then catch COVID-19 by touching
these objects or surfaces, then touching their eyes, nose or
mouth. People can also catch COVID-19 if they breathe in
droplets from a person with COVID-19 who coughs out or
exhales droplets. In such a scenario, doctors, who are the
first line of defence in battling such a pandemic, are the
most vulnerable to fall prey to the virus, while protecting
others from it.
D. As there is no specific vaccination to prevent or cure
COVID-19, it is imperative for doctors to be in constant
contact with patients, so as to monitor them on regular
intervals, and observe their symptoms. In the absence of
appropriate protective gear, doctors put themselves at the
risk of being affected by the virus in the discharge of their
duties. It is the duty of the States to ensure graded
protective gear to doctors and other welfare facilities, so as
to aid them to combat the virus.
14
E. In the case, where the hospitals and health centres are not
provided WHO standardized masks, medical staff mortality
will exponentially increase and the situation will spiral out of
control in the absence of sufficient medical assistance.
F. There should be strict adherence to the Guidelines issued
by the World Health Organization (WHO) on the Rational
Use of Personal Protective Equipment for Coronavirus
Disease 2019 (COVID-19) dated 27.02.2020 and
Guidelines on Rational use of Personal Protective
Equipment (“PPE”) issued by Ministry of Health & Family
Welfare on 24.03.2020.
G. It is most respectfully submitted that „Annexure A‟ to the
Guidelines dated 24.03.2020 provide specific details of the
PPEs. In addition, Clause 5.1 of the said Guidelines state –
POINT OF ENTRY
Sl. No
Setting Activity Risk Recommended PPE
Remarks
1 Health Desk Provide information to travellers
Low risk Triple layer medical mask Gloves
Minimum distance of one meter needs to be maintained.
2
Immigration counters, customs and airport security
Provide services to the passengers
Low risk Triple layer medical mask Gloves
Minimum distance of one meter needs to be maintained.
3 Temperature recording station
Record Temperature with hand held thermal recorder.
Low risk Triple layer medical mask Gloves
4 Holding area/ Isolation
Interview & Clinical
Moderate Risk
N-95 masks Gloves
15
facility of APHO
examination by doctors/ nurses
5 Isolation facility of APHO
Clinical management (doctors, nurses)
Moderate Risk
N-95 masks Gloves
Attending to severely ill passenger
High risk Full complement of PPE
When aerosol generating procedures are anticipated
5 Sanitary staff
Cleaning frequently touched surfaces/ Floor/ linen
Moderate risk
N-95 mask Gloves
6 Administrative staff
Providing administrative support
No risk No PPE
No contact with COVID- 19. Should not venture into areas where COVID-19 cases are managed.
Clause 5.4 of the said Guidelines further provides that –
QUARANTINE FACILITY
Setting Activity Risk Recommended PPE
Remarks
1
Persons being quarantined
Low Risk Triple Layer Mask
-
2
Healthcare staff working at quarantine facility
Health monitoring and temperature recording
Low Risk Triple layer mask Gloves
-
Clinical examination of symptomatic persons
Moderate Risk
N-95 masks Gloves
-
3 Support staff
Low Risk
Triple layer mask Gloves
-
16
H. That, unfortunately, due to the lack of awareness on
COVID-19, a Doctor has been admitted to the Jalgaon
Government Medical College, Jalgaon, after being turned
away from four private hospitals, and is now on the
ventilator battling for life.
I. The need of the hour, therefore is to ensure that the
Respondents take immediate actions to provide adequate
protective gear to the medical professionals, not only in the
Metro Cities, but also in Tier 2 and Tier 3 cities across the
Country, to ensure that those who are continuously working
towards treating and testing the diagnosed patients, and to
screen and quarantine the ones suspected, are not
susceptible to the virus and are protected themselves.
J. In view of the present situation being faced by health care
centres in several cities, the Petitioner urges before this
Hon‟ble Court to take cognizance of the urgency of the
needs of doctors and para medical staff, thereby directing
the Respondents to provide essential equipment of WHO
standardization as soon as possible to all primary health
care systems and hospitals in all states of India.
K. That this Hon‟ble Court in light of the present situation, has
on 16.03.2020 taken suo-moto cognizance in matters
pertaining to safety of Prisoners and Children in conflict
with law lodged in various Jails and Remand Homes
17
across the country and has also ensured that Mid-Day
meals are provided as per the policies, even during lock-
down.
L. The Petitioner had raised his concerns and requested the
Hon‟ble Chief Justice of India and His Companion Judges
of this Hon‟ble Court to take suo-moto cognizance of the
precarious position of the medical fraternity our country
during the outbreak of COVID-19 by the letter dated
23.03.2020. However, considering that each passing day is
critical in a situation such as this, the present petition is
being preferred.
M. It is pertinent to note that the Hon‟ble High Court Andhra
Pradesh, at Amravathi in PIL No. 83/2020 vide its Order
dated 26.03.2020 has taken cognisance of a similar Public
Interest Litigation and directed the state government to
provide all necessary equipment like N-95 masks, sterile
medical gloves, starch apparels, PPE and accessories to
all doctors, nurses, ward boys and all paramedical staff.
N. The Hon‟ble High Court Andhra Pradesh, at Amravathi in
RE: Coronavirus COVID Pandemic v. State of Andhra
Pradesh & Anr. [Taken Up Writ Petition No. 8129 of 2020]
vide its Order dated 26.03.2020 has taken suo moto
cognisance and inter alia directed the state government to
ensure and provide all necessary equipment like N-95
18
masks, sterile medical gloves, starch apparels, personal
protection equipment and all other necessary things to the
Doctors in the dispensaries and other Paramedical staff,
thereby they may be in a position to provide medical aid to
the citizens for a period of one month.
O. The Hon‟ble High Court of Bombay, at Goa, on 27.03.2020
has taken cognizance of a letter addressed by students
bearing subject “Inadequacy of the medical preparedness
for the COVID-19 outbreak by the Government of Goa. The
High Court has issued notice to the State Government and
has placed the matter on 30.03.2020.
P. In light of above, an appropriate order / directions
protecting the interests of doctors, nurses, ward boys and
all paramedical staff throughout the country, who are
currently battling the war against the spread of virus, as the
first responders, is required to be passed by this Hon‟ble
Court.
23. The Petitioner herein craves the liberty of this Court to add,
alter, modify or amend the grounds during the pendency of this
Writ Petition, if necessary.
24. The Petitioner herein states that he has not filed a similar Writ
Petition/ PIL or any other Petition before this Hon‟ble Court or
any other Court/s involving the subject matter of this Petition,
which is pending or has been disposed of.
19
25. This Hon'ble Court has the jurisdiction to entertain the present
Writ Petition.
26. This writ petition is made bona fide and in the interest of justice.
PRAYER
It is, therefore, under the facts and circumstances of the present
case most humbly prayed, that this Hon‟ble Court may be pleased
to:
a) Issue a writ of mandamus, or any appropriate writ, order or
direction to the Respondents to take immediate steps to
effectively implement the Guidelines for Infection Prevention
and Control in Healthcare Facilities dated 25.01.2020, issued
by the Ministry of Health and Family Welfare (India) through
the National Centre for Disease Control, under the
Directorate of General Health Service;
b) Issue a writ of mandamus, or any appropriate writ, order or
direction to the Respondents to take immediate steps to
effectively implement the Guidelines on the Rational Use of
Personal Protective Equipment for Coronavirus Disease 2019
(COVID-19) dated 27.02.2020 issued by the World Health
Organization (WHO);
c) Issue a writ of mandamus, or any appropriate writ, order or
direction to the Respondents to take immediate steps to
effectively implement Guidelines on Rational Use of Personal
20
Protective Equipment (PPE)” issued by the Ministry of Health
and Family Welfare dated 24.03.2020;
d) Issue a writ of mandamus, or any appropriate writ, order or
direction to the Respondents to ensure availability of
appropriate Personal Protective Equipment, including sterile
medical / Nitrile gloves, starch apparels, medical masks,
goggles, face shield, respirators (i.e., N – 95 Respirator Mask
or Triple Layer Medical Mask or equivalent), shoe covers,
head covers and coveralls / gowns to all Health Workers
including doctors, nurses, ward boys, other medical and para-
medical professionals actively attending to, and treating
patients suffering from COVID-19 in India, in Metro cities,
Tier – 2 and Tier – 3 cities;
e) Issue an appropriate writ, order or direction to the
Respondents to perform their statutory duty and provide
security to doctors and other para-medical professionals,
including separate transportation facilities, separate
accommodation/ isolation rooms to protect exposure of their
families, and food facilities etc;
f) Issue a writ of mandamus, or any appropriate writ, order or
direction to the Respondents to undertake immediate
measures for widescale screening and testing of potential
COVID-19 patients;
21
g) Issue a writ of mandamus, or any appropriate writ, order or
direction to the Respondents to issue guidelines regarding
tests through private agencies/ labs including regulated
pricing and manner of testing;
h) Pass such other and further order or orders as this Hon‟ble
Court may deem fit and proper under the facts and
circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE PETITIONERS AS IN
DUTY BOUND SHALL EVER PRAY
DRAWN BY –
Ms. Astha Sharma, Adv &
Mr. Prastut Dalvi, Adv
FILED BY
[ASTHA SHARMA] Advocate for the Petitioner
New Delhi DRAWN ON: 27.03.2020 FILED ON: 28.03.2020
