Allow Cookies!
By using our website, you agree to the use of cookies
On Monday, the Bombay High Court directed the state government to conduct the Reverse Transcription Polymerase Chain Reaction (RT-PCR) examination of all frontline warriors (including doctors,, nurses, policemen) attending Covid-19 patients working in the entire Vidarbha area immediately.
Division Bench comprising of Justice RK Deshpande and Justice NR Borkar of Nagpur Bench heard a PIL submitted by the Citizen Forum For Equality, an NGO seeking immediate guidance from the Union, State, ICMR and Nagpur Municipal Corporation to carry out the RT-PCR Test of all frontline employees in the Vidarbha region attending the Covid-19 facilities and to develop appropriate guidelines for the conduct of such tests on them in a periodic manner.
The Court also directed the Indian Medical Research Council (ICMR) to frame the appropriate policy and to prescribe a protocol for the periodic testing of front-line workers all through the Vidarbha region on the RT-PCR method within one week.
In the PIL, several other reliefs were sought, including the directon to release all Covid-19 suspects admitted in isolation / quarantine wards having tested with immediate effect negative in the RT-PCR study. The petitioner NGO also sought price setting of the Rapid Antibody Test Kit and instructions to all private and government hospitals and nursing homes for the rapid testing of the antibody, the first step of screening of non-Covid patients before admitting them in the hospital.
Appearing on behalf of the petitioner, Government Pleader SY Deopujari for the State, Additional Solicitor General UM Aurangabadkar for the Union, ICMR and National Disaster Management Authority, Advocate Tushar Mandlekar.
In the light of previous directions given in the same matter by a single bench headed by Justice Rohit Deo, a pilot project has been introduced to check the medical and police personnel who are involved in the two containment zones of Mominpura and Satranjipura in the Nagpur district.
An affidavit dated May 25 states that 81 police officers operating in the aforementioned areas have been screened, taken swabs, and sent to the laboratory. Among,
In addition, the affidavit filed on behalf of the Commissioner, NMC states that if frontline workers are using PPE Kits or other protective gears like hand gloves, masks, coat etc then such workers are not required to be tested for Covid-19 through RT-PCR test as there are very less chances of them being infected.
NMC took a clear stand that ICMR guidelines regarding RT-PCR test are being strictly followed and it is not necessary to conduct the said test on each and every frontline warriors of Covid-19 as they are discharging their duties with due precautionary measures and do not fall within the ambit of "High Risk Contact". It was also argued that directions are passed to conduct the RT-PCR test on all the frontline warriors, then it would cost the State exchequer heavily and NMC will be require to deploy man power for conducting such test.
As per the ICMR guidelines, there were two categories of patients who could be tested through RT-PCR method-
(i) asymptomatic direct contact of a confirmed case, and
(ii) asymptomatic high risk contact of a confirmed case
NMC argued that all the frontline workers in Vidarbha region are not eligible to be referred to as "high risk contact"
Court held that Covid-19 disease is both "symptomatic and asymptomatic" and hence asymptomatic frontline health workers cannot be deprived of the RT-PCR test. The bench also rejected the submission that the said workers are not eligible to coem unde "high risk contact" as per ICMR guidelines- .
"It is not the case of any of the respondents that the cases of frontline workers are not covered by the definition of "suspected cases" in the guidelines of WHO. In our view, the cases of frontline workers are covered by such definition of "suspected cases" We are also of the view that the cases of asymptomatic direct and high risk contacts of confirmed cases of frontline workers are also covered by guideline No.(5) of the ICMR guidelines, relied upon by the respondents. Its operation cannot be restricted to the "households of a positive patient without protection" and the cases "in close proximity within one meter of a confirmed case".
Moreover, Court refused to accept that since the frontline workers using PPE Kits and other protective gears, like hand-gloves, masks, coats, etc., they have no chances of getting infected.
Referring to the importance of safety of the frontline workers, the bench said- The Society in general and the State in particular owe it to the frontline warriors to take all possible measures as would minimize if not obliterate the threat of infection, assuming arguendo, that the advisory or guidelines issued by ICMR do not cover the frontline warriors till the symptoms are manifested. In our view, the State would be duty bound to take additional measures and ensure the minimization of the risk to the medical, police personnel and all frontline workers, to protect the fundamental right to life under Article 21 read with the duty under Article 47 of the Constitution of India."
86540
103860
630
114
59824