JUDGMENT

1. This hearing is convened pursuant to our order dated 10th April 2020.

2. Pursuant to our last order, reports have been received on the issues which were flagged. We deal with them in seriatim.

V. Availability of Safety Equipment to Healthcare Professionals

3. It is pointed out by Ateeb Kanth, Advocate that in the report filed by the Health Department, only 157 technicians are available for which reason insufficient sampling is being undertaken. It is submitted by Mr. Kanth that as a result, despite the Government stand that 50,000 travellers have travelled into J&K, only 4,000 people have been tested for Covid-19.

4. Let this issue be urgently examined by the Chief Secretary, UT of J&K as well as Secretary, Health and Medical Education.

VI. Report of the High Powered Committee (appointed in terms of the order dated 23rd March 2020 of the Supreme Court of India in Suo Motu Writ Petition (C) No. 01 of 2020) with regard to Prisoners and

IX. Status of residents of J&K/Ladakh lodged in prisons in other parts of India

5. Let a further report with regard to prisoners in Jammu and Kashmir who are lodged in the UT and in other parts of India before the next date of hearing placing on record steps taken after filing of the report dated 8th April 2020 by Mr. V.K. Singh, Director General of Police (Prisons), J&K. Such report be filed within ten days from today.

VII Addressing issues of Safety, Care, Health and Violence against Healthcare Professionals and Clinical Establishments-Need for a legislative framework

6. A report has been filed by Ms. Monika Kohli, learned Amicus Curiae. However, the same was received only this morning by both of us. The report requires to be examined.

7. We have noted in our order that 19 States and 3 Union Territories have all framed serious legislations addressing this issue. Ms. Kohli submits that the stand taken by the Ministry of Health and Family Welfare, government of India in these proceedings is most unfortunate and insensitive. Ms. Kohli points that despite the available framework and the serious pandemic issues which are being addressed by healthcare professional, these personnel are being subjected to extreme violence in a spate of incidents all over the country.

Ms. Kohli points out that valuable public property (as ambulances, police vehicles) involved in COVID-19 issues, are being stoned and damaged for which there is no compensation. It is urged that these public resources are in extreme short supply.

8. Ms. Kohli submits that she has came across reports from Jammu and Kashmir of an actual incident of doctors in Budgam who were held hostage by the public and of instances where doctors have been asked to vacate the hotel accommodation which they were occupying as they were engaged in undertaking Covid-19 containment and treatment measures. She submits that the issue of safety, care, health and violence against these healthcare professionals needs to be addressed on priority in the Union Territories of Jammu and Kashmir as well as Ladakh.

9. Given the stand taken by the Ministry of Health and Family Welfare, Govt. of India which had actually drafted the Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 ("Draft Bill") and sent it for the consideration of Ministry of Home Affairs, we are of the view that before we examine the issue further, the view which was taken by the Ministry of Home Affairs needs to be placed before us.

We are informed that even public consultation on that Bill was long over.

Mr. Vishal Sharma, ASGI shall file before us the concerns and objections of the Ministry of Home Affairs on the said Bill which stood drafted by the Ministry of Health and Family Welfare.

10. In view of the above, it is necessary to have the stakeholders before us. We therefore issue notice to the following:

(i) Indian Medical Association through its National President, IMA House, Indraprasath Marg, New Delhi-110002;

(ii) Junior