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2020 Supreme(SC) 300
SUPREME COURT OF INDIA
Ashok Bhushan, S. Ravindra Bhat, JJ.
JERRYL BANAIT – Petitioner(s)
Versus
UNION OF INDIA AND ANOTHER – Respondent(s)
Writ Petition (Civil) Diary No(S). 10795 of 2020 with W.P. (Civil) Diary No.(s). 10830 of 2020 and W.P. (Civil) Diary No.10852/2020
Decided on : 08-04-2020
For the Parties :Tushar Mehta, SG, Mukul Rohtagi, Jaideep Gupta, Amit Sahni, Advocate/petitioner in person, Astha Sharma, Advocatesq
The central legal point established in the judgment is the duty of the State to protect its citizens from a pandemic, including the provision of necessary resources and security for healthcare workers.
Headnote:
COVID-19 - Public Interest Litigation - Article 32 of the Constitution of India - Ministry of Health and Family Welfare guidelines dated 24.03.2020 - WHO guidelines dated 27.02.2020 - I.A. No. 48242 of 2020
Fact of the Case:
A medical professional filed a writ petition under Article 32 of the Constitution of India as a Public Interest Litigation, seeking various directions related to the COVID-19 pandemic, including the availability of Personal Protective Equipments (PPE) and security for healthcare workers.
Finding of the Court:
The Court found that the Ministry of Health and Family Welfare had issued guidelines for Infection Prevention and Control in Healthcare Facilities, and the World Health Organisation had provided recommendations for the rational use of PPE for healthcare workers. The Court also noted incidents of attacks on medical staff and the need for security measures.
Issues: The issues included the availability of appropriate PPE for healthcare workers, the provision of necessary police security, and the need to take action against those obstructing the duties of medical staff and government officials.
Ratio Decidendi: The Court issued interim directions to ensure the availability of appropriate PPE for healthcare workers, provide necessary police security, take action against those obstructing duties, and explore alternatives for domestic production of protective clothing and gear for medical professionals.
Final Decision: The Court directed the respondents to implement the Ministry of Health and Family Welfare guidelines, provide necessary police security, take action against obstructors, and explore domestic production of protective clothing and gear for medical professionals.
ORDER
I.A. No. 48242 of 2020 - FOR INTERVENTION / IMPLEADMENT
Heard Mr. Jaideep Gupta, learned senior counsel for the intervener. The application for intervention is allowed.
WRIT PETITION (CIVIL) Diary No(s). 10795/2020
The Court convened through Video Conferencing.
1. A medical professional has filed this writ petition under Article 32 of the Constitution of India as a Public Interest Litigation praying for various directions in reference to pandemic COVID-19.
2. The World Health Organisation (WHO) has declared COVID-19 as pandemic on 11.03.2020. According to WHO, Coronaviruses are a large family of viruses which can cause illness in humans, known to cause respiratory infections. 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. The droplets land on surfaces around the person and other people by touching these objects or surfaces can catch COVID-19. People can also catch COVID-19 if they breathe in droplets from a person with COVID-19 who coughs out or exhales droplets.
3. The Government of India, Ministry of Health and Family Welfare has taken various measures for Infection Prevention and Control in Healthcare facilities. The Coronavirus has already spread in about 200 countries of the World and is gradually spreading in our country-India.
4. To combat COVID-19 the first line of defence in battling such a pandemic is the Doctors and the medical staff who are the most vulnerable to fall prey to the virus, while protecting others from it. The World Health Organisation has issued guidelines on 27.02.2020 for rational use of personal protective equipment for coronavirus disease 2019 (COVID-19). The guidelines contained recommendations regarding type of personal protective equipment to be used in the context of COVID-19 for health care workers Doctors and others.
5. The Ministry of Health and Family Welfare, Directorate General of Health Services has issued guidelines dated 24.03.2020 on "Rational use of Personal Protective Equipment". The petitioner prays for issuing a direction to the respondent to ensure that guidelines issued by WHO and the guidelines dated 24.03.2020 issued by the Ministry of Health and Family Welfare be implemented and respondents be directed to ensure availability of appropriate Personal Protective Equipments, 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 paramedical professionals actively attending to, and treating patients suffering from COVID-19 in India, in Metro cities, Tier-2 and Tier-3 cities. A direction has also sought for providing security to Doctors and other paramedical professionals.
6. This Court on 01.04.2020 requested the learned Solicitor General to examine the petition and to place before the Court the position of the Union Government in regard to the issues which have been highlighted by the petitioner.
7. We have heard Mr. Mukul Rohtagi, learned senior counsel appearing for the petitioner as also Mr. Tushar Mehta, learned Solicitor General of India who appears for the respondent(s). He submits that the stand of the Union of India is not adversary to any of the relief claimed in the Writ Petition(s). He further submits that the Government of India is taking all necessary steps regarding providing Personal Protection Equipments (PPEs) and other necessities for the doctors. Steps have also been taken for procuring PPEs from the domestic manufacturers. He further submits that with regard to protection by police, security and police personnel to the hospitals and doc
