This story is from September 19, 2021

5 docs’ widows seek paediatrician’s legal services to move SC for justice

5 docs’ widows seek paediatrician’s legal services to move SC for justice
Nagpur: Following his famous victories in the Maharashtra government vs Vidarbha Hospitals’ Association case about capping Covid and non-Covid charges, five widows of doctors have approached Dr Pradeep Arora to file a special leave petition (SLP) in the Supreme Court seeking Rs50 lakh compensation.
A victory in the apex court will bring relief to 600 people across the country, said Dr Arora.

Mumbai’s Dr Nilma Bhamare and Punjab’s Medico-Legal Action Group (MLAG) besides Dr Arora have joined the five widows in the SLP which is likely to be heard on October 18, 2021. Orders from respective local governing bodies to keep their clinics open and treat Covid patients have formed the locus standi for them beside the widows.
In March last year, the Bombay high court had rejected the writ petition of Navi Mumbai resident Kiran Surgade who had sought the Rs50lakh cover for Covid warriors after her husband died of Covid infection.
Surgade’s husband had to open his clinic following Navi Mumbai Municipal Corporation’s order in epidemic times. Taking note of a Union health ministry letter, the HC had said that for private healthcare providers to be covered under the scheme, he or she must be ‘drafted’ for Covid-related responsibilities.
Only private doctors whose services were “requisitioned” were covered under the scheme for Covid warriors, the Centre had told the state.

“Claims of the rest of the four such widows who lost their husbands due to coercive order of the municipal commissioners of Aurangabad, Kolhapur and Mumbai were rejected on similar grounds by the public health department. They were following Mrs Surgade’s case and resigned to the situation. They were disappointed,” said Dr Arora.
The Nagpur paediatrician, who would be appearing in-person, said doctors were put in a dangerous situation for the larger good to society. “Rs50lakh is a small compensation as far as a doctor’s life is concerned. When the state is compelling a person to do something which can be hazardous to his life, then it amounts to requisitioning only. In the order, they are not using the word, but it doesn’t mean the doctors were not requisitioned,” Dr Arora said.
Dr Arora said the orders issued to the deceased doctors were one-sided. “Those were like Army and police orders. But those are governed by a special clause of the Constitution. They join the forces knowing well their life would be at risk. Same is not the case with doctors. We are on par with the other citizens and enjoy the same safety to life,” he said.
Accordingly, the Union government had announced a compensation for Covid warriors. “By playing sophistry or using words like “unless it is a formal requisition” they are defeating the spiriting of the scheme,” he said.
End of Article
FOLLOW US ON SOCIAL MEDIA