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The SC issues notice regarding the applicability of the center's indurance scheme for health workers

Legal Correspondent- Aryan Sharma

October 20, 2021- In a petition addressing the construction of the Centre's Insurance Scheme for Health Workers Fighting COVID-19, the Supreme Court issued notice. Using the term 'requisitioned/drafted for COVID-19 related responsibilities', this study will evaluate its relevance for private medical practitioners.

According to the Pradhan Mantri Garib Kalyan Package announcement, the scheme stipulates that a health worker insurance scheme is launched as part of the Pradhan Mantri Garib Kalyan Package Insurance Scheme for Health Workers Fighting COVID-19' is approved and it has covered all the health care providers, community health care workers of Covid-19 patients it is also included accidental loss of life due to Covid-19. It covered personal accident cover of Rs 50 lakh for 90 days to a total around 22.12 lakhs.

The bench consisted of Justice D.Y. Chandrachud and Justice B.V. Nagarathna observed that the issue before the court pertains to the construction of a scheme that had been notified by the government they said by mentioning the scheme of personal accident cover of Rs 50 Lakhs and also the clause (2) of the order which mentioned the condition of “unprecedented situation” which included private hospital staff, retired, volunteers, local urban bodies, contract, daily wage, ad-hoc, outsourced staff requisitioned by states/Central ministries can be drafted for covid19 responsibilities. Those cases will also be included based on the number provided by the Ministry of Health and Family Welfare (MoHFW).

The court noted that this matter involves a challenge to the rejection of a writ petition filed before the Bombay High Court by one Ms s Kiran Bhaskar Surgade whose spouse, Dr. B. S. Sudgade, died on June 10, 2020, during the course of the COVID-19 pandemic. The petitioner here filed the petition in the high court as a third petitioner by the virtue of Article 136 and also she was joined by several other doctors who survived the covid 19.

On March 14 2020 Public Health Department of Maharashtra issued notice with the respect of section 2,3,and 4 of Epidemic Disease Act. Regulation10 stating that all the staff of government departments and the other organization would be at the disposal of the collector or municipal commissioner for discharging the duty of taking containment measures, and if required, they may requisition the services of other persons.

The case before High Court was that on 31st March 2020 Navi Mumbai Corporation called upon Dr Sudage and told him to keep his hospital/dispensary open for the treatment of Covid-19 patients, Unfortunately Dr Sudage succumbed to the pandemic. The ordersthat he got was in pursuance from the orders issued on 14 march 2021. Supreme Court also recorded the judgment of high court where they rejected the writ petition and said that the notice issued on march 2013 can’t be considered as a notice of requisition hence Dr Sudage was not requisitioned. The Supreme court here observed the petition as a “public importance” since it talks about the security that the union government provides to our healthcare workers working in the conditions of covid 19 they are likely to suffer harm from that. These scheme provides social security to both government and private medical institutions.


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