Sunday, April 26, 2020

KNOW THE EXACT LAW ON Upto 7 years in jail for attacking Covid-19 warriors (HEALTH WORKERS), govt brings in ordinance

Promulgation of an Ordinance to amend the Epidemic Diseases Act, 1897 in the light of the pandemic situation of COVID-19
During the current COVID-19 pandemic, there have been instances of the most critical service providers i.e. members of healthcare services being targeted and attacked by miscreants, thereby obstructing them from doing their duties.
In this context, the Union Cabinet in its meeting held on 22nd April 2020 has approved promulgation of an Ordinance to amend the Epidemic Diseases Act, 1897 to protect healthcare service personnel and property including their living/working premises against violence during epidemics. The President has given his assent for promulgation of the Ordinance. The Ordinance provides for making such acts of violence cognizable and non-bailable offences and for compensation for injury to healthcare service personnel or for causing damage or loss to the property in which healthcare service personnel may have.

 1) What is violence as per law?
Violence as defined in the Ordinance will include harassment and physical injury and damage to property

2)who are the health service personnel  as per law?
Healthcare service personnel include public and clinical healthcare service providers such as doctors, nurses, paramedical workers and community health workers; any other persons empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof; and any persons declared as such by the State Government, by notification in the Official Gazette. 

3)what type of property includes in law?
The penal provisions can be invoked in instances of damage to property including a clinical establishment, any facility identified for quarantine and isolation of patients, mobile medical units and any other property in which the healthcare service personnel have direct interest in relation to the epidemic.

4)act is bailable or non bailable as per law?
The amendment makes acts of violence cognizable and non-bailable offences. 

5)Punishment as per law?
Commission or abetment of such acts of violence shall be punished with imprisonment for a term of three months to five years, and with fine of Rs.50,000/- to Rs.2,00,000/-.  
In case of causing grievous hurt, imprisonment shall be for a term six months to seven years and with fine of Rs.1,00,000/- to Rs.5,00,000/-.   In addition, the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage of property.

6)who can investigate the matter?
Offences shall be investigated by an officer of the rank of Inspector within a period of 30 days, and trial has to be completed in one year, unless extended by the court for reasons to be recorded in writing.

purpose of this law to prevent The health workforce  who are our frontline soldiers in battling the spread of Covid-19. they put their own lives at risk in order to ensure safety of others. They deserve our highest respect and encouragement at this moment rather than being harassed or being subjected to violence. It is hoped that this Ordinance will have the impact of infusing confidence in the community of healthcare service personnel so that they can continue to contribute to serving mankind through their noble professions in the extremely difficult circumstances being witnessed during the current Covid-19 outbreak.

2 comments:

  1. This is a good law passed by way of ordinance by the Government of India, otherwise the ordinance power of making Law is mostly misused ..

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    Replies
    1. this ordinance would be very helpful to protect the health worker

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