News By/Courtesy: Akanksha Dash | 22 May 2020 14:46pm IST

HIGHLIGHTS

  • This has been filed by senior citizens living around health care workers.
  • They highlight the need for compliance with hygiene protocol as they are high-risk
  • The court directed the state government to fumigate and sanitize the area

Delhi HC bench comprising of Justice Asha Menon, based on a Writ Petition, directed the Government to ensure the safety of those residing around COVD-19 health workers.
The Writ Petition has been filed by a senior citizen urging the state to:
  1. Issue Mandamus or any other writ to direct respondents to “perform their duties to ensure that all the directives laid down by the COVID-19 Management are carried out in and around the property.”
  2. Issue Prohibition or any other writ to prevent the Respondent from “granting any permission, license or approval to run any guest house in the vicinity the property till all the directives laid down by government are duly complied with and safety and well being of residents are assured”
The respondent’s counsel states that “health workers are the front-line warriors of the COVID-19 pandemic and cannot be asked to move away from the property in question.”
The Petitioner’s counsel counters this by stating that this writ is not praying for any such action. Instead the petitioner is a senior citizen and living with five other senior citizens with co-morbidities. “They are anxious about their health and well-being as measures relating to hygiene are not being adhered to by the occupants of property who are numerous in number and which opens the petitioner and the other residents to a great risk of infection.”
The Court agreed that “no one has a right to ask for the removal of the resident health workers from their neighborhood because of an unrealistic fear of the Covid-19.” However the respondent cannot “escape their obligation to provide a protected environment to the senior citizens and other residents adjacent to such buildings which are occupied by the health workers.”
The Court said regular fumigation and sanitization are necessary along with making sure that hygiene is maintained. It took note of the fact that the “senior citizens above the age of 65 years have their movement restricted as they are not even allowed to leave their homes and their concerns cannot be wished away by the government authorities, who are obligated to take care of all the citizens.”
The court then directs the government to take necessary action similar to the measures being adopted for the Containment/Buffer Zones and “may adopt the practice in other zones where key healthcare workers are residing which would assuage the fears of other residents in the same locality that they may be exposed to a greater risk of infection.”
The bench called for a report on the action taken and listed the matter before a Roster Bench in a week.
References:
https://www.livelaw.in/news-updates/delhi-hc-directs-delhi-govt-to-ensure-the-safety-of-persons-residing-in-buildings-adjacent-to-those-occupied-by-health-workers-157148

Section Editor: Pushpit Singh | 22 May 2020 20:03pm IST


Tags : covid-19, contagious, health risk

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