Enforcement of strict regulations during Covid-19

by Abha Kashyap Managing Patner

Several new norms, regulations and rules have been implemented due to the COVID-19 outbreak. One of the most important of these regulates the testing and treatment of the people infected by COVID-19. Over the years it has been observed that wherever there is law there is violation of the law at some level. Therefore, strict implementation is required for any regulations especially during a health emergency such as now. Penalty for violation is one of the most essential tools for implementation.

Several complaints, FIRs have been filed against individuals, hospitals and health personnel for violation of COVID-19 regulations. Recently, Delhi Health Department complained that Sri Ganga Ram Hospital [SGRH], a prominent private hospital in Delhi has been violating COVID-19 regulations by violating directions issued under the Epidemic Disease COVID-19 Regulations. On the basis of the complaint an FIR under Section 188 of IPC was lodged by the Delhi Police against the hospital.

The FIR was filed amidst the directions given by Delhi government asking SGRH to keep 540 out of its 675 beds for COVID-19 patients. The allegation on the hospital as per the FIR was that it has not been following the mandatory digital platform ‘RT-PCR App’ for transmitting and sharing data on the collection of COVID-19 test samples. In its defence the hospital claimed that they faced operational constraints while registering on the app and rather all the data accumulated was sent to the Indian Council of Medical Research (ICMR) and Delhi government through Email.

Petition has been filed by the Hospital for quashing of the FIR. Due to which the Delhi High Court on 22^nd June 2020 put a stay on all proceedings related to the FIR registered against the medical superintendent of SGRH while the quash petition is being decided by the court. This case is one example of various similar cases where every action taken by COVID-19 treatment centres and hospitals have been scrutinised under the pandemic outbreak.

Originally published on www.kpalegal.com on 02 July 2020