Government passes ordinance to keep healthcare workers safe

The government passed The Epidemic Diseases (Amendment) ordinance, 2020 which makes physical attacks on doctors, nurses and other healthcare workers were on  made a non-bailable offence punishable by up to seven years in prison , which carries a minimum jail term of three months

Investigations into such cases are to be completed within 30 days of reporting and a decision on culpability taken within a year. Ordinarily, the guilty can be sent to jail for three months to five years, with a fine of ₹50,000 to ₹2 lakh.

If there is grievous injury then the guilty could be sent to jail for six months to seven years and fined ₹1 lakh to ₹5 lakh. The ordinance protects all health workers, including doctors, nurses, paramedics and ASHA workers, across the country.

The ordinance also provides compensation for injuries to healthcare workers or causing damage or loss to property. If damage has been done to their vehicle, then the compensation is double its market value.

The home ministry also wrote to states and directed them to appoint nodal officers to ensure security for healthcare professionals and frontline workers.

LEARNING WITH TIMES

Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session.The fundamental reason for bestowing the executive with the power to issue ordinance “to deal with situations where an emergency in the country necessitated urgent action.”

An ordinance may be concerned with any subject that the Parliament has the power to legislate on and also has the same limitations as the Parliament to legislate according to the distribution of powers between the Union, State and Concurrent Lists. There are three limitations with regard to the ordinance making power of the executive. They are:

The President can only promulgate an ordinance when either of the two Houses of Parliament  is not in session

The President cannot promulgate an ordinance unless he is satisfied that there are circumstances that require taking immediate action
Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They will also cease to operate in case resolutions disapproving the ordinance are passed by both the Houses.

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