Supreme CourtDivision Bench

Jerryl Banait vs Union Of India & Anr

Supreme Court Of India · Decided on 8 April 2020 · Citation: (2020) 04 SC CK 0009

HON’BLE JUDGES
Ashok Bhushan, J · S. Ravindra Bhat, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 32
CASE NUMBER
Writ Petition (Civil) Diary No(S). 10795, 10830, 10852 Of 2020
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Judgment

138 paragraphs · 696 words

S. No.,Setting,Activity,Risk,"Recommended

PPE","Recommended

PPE

1,Health Desk,"Provide

information to

travellers",Low risk,"T r i p l e layer

medical Mask

Gloves","Minimum distance

of one meter

needs to be

maintained.

2,"Immigration

counters, customs

and airport

security","Provide services

to the passengers",Low risk,"T r i p l e layer

medical Mask

Gloves","Minimum distance

of one meter

needs to be

maintained.

3,"Temperature

recording station","Record

Temperature with

hand held thermal

recorder.",Low risk,"T r i p l e layer

medical Mask

Gloves",

4,"H olding area/

Isolation facility of

APHO/ PHO","I nterview &

Clinical

examination by

doctors/ nurses",Moderate Risk,"N - 9 5 masks

Gloves",

5,"Isolation facility of

m APHO","Clinical

management

(doctors, nurses)

Â",Moderate Risk,"N - 9 5 masks

Gloves",

,,"A ttending to

severely ill

passenger",High risk,"Full complement

of PPE","W h e n aerosol

generating

procedures are

anticipated

6,Sanitary staff,"Cleaning

frequently touched

surfaces/ Floor/

cleaning linen",Moderate Risk,"N - 9 5 masks

Gloves",

7,"Administrative

staff","Providing

administrative

support",No risk,No PPE,"N o contact with

patients of

COVID-19. The

should not venture

into areas where

suspect COVID

19 cases are being

managed.

S. No.,Setting,Activity,Risk,"Recommended

PPE","Recommended

PPE

1,"Individual isolation

rooms/cohorted","Clinical

management",Moderate risk,N-95 mask Gloves,"Patient masked.

Patients stable.

No aerosol

generating activity

2,ICU/ Critical Care,"C r it ic a l care

Management",High risk,"Full complement

of PPE","Aerosol

generating

activities

performed.

3,ICU /critical care,"D e a d body

packing",High risk,Full comp,

4,ICU /critical care,"D e a d body

transport to

mortuary",Low Risk,"T r i p l e Layer

medical mask

Gloves",

5,Sanitation,"Cleaning

frequently touched

surfaces/ floor/

changing linen",Moderate risk,N-95 mask Gloves,

6,"O t h e r Non-

COVID treatmen

areas of hospital","A ttending to

tinfectious and

noninfectious

patients","R i s k as per

assessed profile of

patients","P P E as per

hospital infection

prevention control

practices.","N o possibility of

exposure to

COVID patients

They should not

venture into

COVID-19

treatment areas.

7,"Caretaker

accompanyi ng the

admitted patient","Taking care of the

admitted patient",Low Risk,"T r i p l e layer

medical mask","T h e caretaker

thus allowed

should practice

hand hygiene,

maintain a

distance of 1

meter

looking to the call of their duties will protect citizenry from disease of COVID-19. It is the duty of the State and the Police Administration to provide,,,,,

necessary security at all places where patients who have been diagnosed coronavirus positive or who have been quarantined are housed. The Police,,,,,

security be also provided to Doctors and medical staff when they visit places for screening the people to find out the symptoms of disease.,,,,,

We, in view of the above, are satisfied that petitioner has made out a case for issuing following interim directions to the respondents in this PIL:",,,,,

(1) The respondents as per guidelines dated 24.03.2020 of the Ministry of Health and Family Welfare are directed to ensure availability of appropriate,,,,,

Personal Protective Equipments, including sterile medical/Nitrile gloves, starch apparels, medical masks, goggles, face shield, respirators (i.e. N-95",,,,,

Respirator Mask or Triple Layer Medical Mask or equivalent), shoe covers, head covers and coveralls/gowns to all Health Workers including Doctors,",,,,,

Nurses, Ward Boys, other medical and paramedical professionals actively attending to, and treating patients suffering from COVID-19 in India, in",,,,,

Metro cities, Tier-2 and Tier-3 cities.",,,,,

(2) The Government of India, respective States/Union Territories and respective Police authorities are directed to provide the necessary Police",,,,,

security to the Doctors and medical staff in Hospitals and places where patients who have been diagnosed COVID-19 or patients suspected of,,,,,

COVID-19 or those quarantined are housed. Necessary Police security be also extended to Doctors and other medical staff who visit places to,,,,,

conduct screening of people to find out symptoms of disease.,,,,,

(3) The State shall also take necessary action against those persons who obstruct and commit any offence in respect to performance of duties by,,,,,

Doctors, medical staff and other Government Officials deputed to contain COVID-19.",,,,,

(4) The Government shall explore all alternatives including enabling and augmenting domestic production of protective clothing and gear to medical,,,,,

professional. This includes the exploring of alternative modes of production of such clothing (masks, suits, caps, gloves etc.) and permitting movement",,,,,

of raw materials. Further, the Government may also restrict export of such materials to augment inventory and domestic stock.",,,,,

W.P. (CIVIL) Diary No(s). 10830/2020 & W.P. (CIVIL) Diary No.10852/2020,,,,,

Tag with Diary No.10795/2020.,,,,,