Jail for assault on medics, other warriors

Strap: Perpetrators to attract up to 7 yrs in prison, Rs 5 lakh fine; Offence non-bailable

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Epidemic Act 1897 amended

*Cabinet approved landmark changes to the Epidemic Diseases Act 1897 to protect frontline personnel tackling a pandemic

*The amendment names healthcare workers but leaves room to cover any person, including cops and other volunteers the Centre or states notify under the Act to prevent the outbreak

BQ: Will ensure safety of every health worker: PM

The Epidemic Diseases (Amendment) Ordinance, 2020, manifests our commitment to protect each and every healthcare worker who is bravely battling Covid-19 on the frontline. It will ensure safety of our professionals. There can be no compromise on their safety!

Aditi Tandon

Tribune News Service

New Delhi, April 22

Assault on Covid-19 warriors will now be a punishable offence, with aggressors liable to a jail term that could span three months to seven years plus a fine ranging between Rs 50,000 and Rs 5 lakh, subject to the severity of the crime.

Moving to protect frontline healthcare personnel and other warriors tackling the pandemic, the Cabinet today approved promulgation of an ordinance amending the Epidemic Disease Act 1897 to incorporate penal provisions for assault on doctors, nurses, paramedical workers and community health workers like ASHAs (accredited social health activists).

The hallmark of the ordinance is that while it specifically names doctors and other healthcare personnel as beneficiaries of the amendment, it leaves ample room to incorporate into the safety net any other personnel the Centre or states notify for prevention of an outbreak.

The ordinance says, “Healthcare service personnel include all public and clinical healthcare service providers such as doctors, nurses, paramedical workers, and community health workers; any other person empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof; and any person notified by the state government.”

Asked if the changes would cover cases like the one Punjab saw where a cop’s hand was cut off while enforcing the lockdown, government sources said, “Yes, new amendments cover any personnel the Centre or the state empower for epidemic control. They could be police officers or even NCC and other volunteers.”

The Epidemic Diseases (Amendment) Ordinance, 2020, makes assault on healthcare personnel and epidemic warriors a cognisable and non-bailable offence and proposes a jail of three months to five years and a fine of Rs 50,000 to Rs 2 lakh for minor hurt.

For grievous injury, the perpetrator would attract a jail term ranging from six months to seven years and a fine between Rs 1 lakh and Rs 5 lakh. Investigation will be completed in 30 days and case decided in a year.

Most importantly, the ordinance provides that the perpetrator of grievous assault on epidemic warriors would be presumed guilty unless proven otherwise.

This is a rare provision currently applicable in the Prevention of Atrocities against SCs and STs Act and the Protection of Children from Sexual Offences Act.

Cases of minor hurt have been kept in the “compoundable” category, which means although these will go to court for trial, the perpetrator can have an exit window provided the victim agrees to let him go with minor punishment.

The ordinance further says that anyone who damages property – a vehicle or a clinic etc – of an epidemic warrior like a doctor or an ASHA worker would be made to pay compensation to the victim. This compensation would be twice the market value of the damaged property.

The Cabinet took up the issue today after Home Minister Amit Shah and Health Minister Harsh Vardhan spoke with representatives of the health fraternity to assure them of their safety. The Indian Medical Association had given a call for a strike on April 23 against the attacks on doctors. “The ordinance shows government’s zero tolerance to harassment of healthcare personnel,” Vardhan said.