Supreme Court seeks Centre’s response in PIL seeking availability of WHO- graded protective gear for Medical Professionals



This news is put together by Vishakha Pandey, Lawyer & Sub-editor at Droit Penale.



The Hon’ble Supreme Court has sought centre’s response regarding the PIL filed by a medical professional, Dr. Jerry Banait, praying for directions to be given to the centre to provide the protective gear(PPE), graded by WHO, to all the medical health professionals and workers who actively treat and attend to COVID-19 patients. 

The protective gear sought for includes Hazmat (Hazardous material) suits, Personal Protective Equipment (PPE) including sterile medical/Nitrile gloves, starch apparel, medical masks, goggles, face shield, respirators, shoe covers, head covers and coveralls/gowns.[1]

The petition filed under the case name of Jerryl Banait vs UOI petition (PPE kits for medical health professionals), plead for following essentials for the medical health professionals and workers:-
·         The plea claimed that due to lack of essential protective gears, medical health professionals and workers risking their life in order to treat COVID-19 patients. In treating the patients there is slight high chance that they caught into it. Hence, it said that it is the duty of state to ensure that they get all required kit while treating the patients not only in metro cities but also in tier 2 and 3 cities to health workers.

·         The plea has also sought a direction to the states to establish COVID-19 special screening centers in smaller towns and other cities and to take immediate steps to contain this deadly virus.
·         The plea has also sought a direction to the authorities to take necessary steps to ensure adherence guidelines issued by the WHO and the guidelines for Infection Prevention and Control in Healthcare Facilities issued by health ministry (MoHFW) or rational use of PPE.
·         The petition further pleads for proper food and accommodation to doctors and other Para- medical staffs to protect exposure of their families.
·         It pleads to issue guidelines regarding tests through private agencies or labs, including regulated pricing manner of testing.

·         The plea further added that any health professional or worker be infected by the novel coronavirus, there may be exponential rise in mortality rate, and the situation may get out of control.
 The bench of Justices DY Chandrachud and MR Shah, said in its order to list the writ until next hearing and seek to examine the plea and place before the court the Centre’s stand with regard to PIL.



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