Start immediate testing of all front-line workers, frame policy: HC to state, ICMR

Nagpur: Coming to the aid of front-line workers across Vidarbha, the Nagpur bench of Bombay High Court on Monday directed the Maharashtra government to immediately start testing them for the novel coronavirus.
A division bench comprising justices Ravi Deshpande and Amit Borkar also told the Indian Council for Medical Research (ICMR) to frame a policy and prescribed a protocol for their periodical testing through the RT-PCR method within a week.
“We hold that all asymptomatic front-line workers in hospitals and containment zones declared by the collectors, commissioners, municipal corporations or the chief officers, municipal councils and other competent authorities in the region would be entitled to be tested for Covid-19 through the RT-PCR method,” said the bench.
While disposing of the PIL by Citizen Forum for Equality through counsel Tushar Mandlekar, the bench directed the government and all competent authorities to immediately start testing of front-line workers, after they express willingness and in accordance with the guidelines and protocol to be prescribed by the ICMR.
Flaying Nagpur Municipal Corporation (NMC) commissioner Tukaram Munde for his opposition to testing front-line workers citing burden on the exchequer, the judges termed his stand as ridiculous.
“The commissioner stated in the affidavit that their testing would cost the exchequer heavily and that NMC will be required to deploy more manpower. He said front-line workers are discharging their duties in protective gear and hence the claim for their testing on RT-PCR can’t be accepted. Such a stand is not only ridiculous, but it reflects the conduct, contemptuous of the fundamental right under Article 21 of the Constitution,” the judges tersely stated.
Agreeing with justice Rohit Deo’s observation of equating front-line workers with the “brave hearts of armed forces”, the judges clarified that neither the centre nor the state can keep the fate of the front-line workers hanging and compel them to perform their job without fear or assurance of their own safety as well as the safety of their family members.
“Their life is more precious. Because they’re the warriors and saviours, compromising or putting their own life at risk to save others by working relentlessly. We can’t afford to lose them because our own life depends upon their fitness to work without any stress or tension. There can’t be any compromise in respect of it.
“If they are infected with the disease, the lives of their family members, friends and neighbours are affected. We endorse and confirm the view expressed by the single judge that the state owes its duty to the front-line warriors to take additional steps or measures, even if the guidelines do not envisage such testing,” they added.
Quoting WHO guidelines, the judges said the RT-PCR testing can be of symptomatic as well as asymptomatic in contact with mildly symptomatic or cases of contact with co-infections described as “suspected case”.
WHAT HC SAID
* Covid-19 is symptomatic as well as asymptomatic
* All front-line workers entitled to be tested via RT-PCR method
* It should be irrespective of the fact that they were wearing protective gear
* ICMR to frame policy & prescribe protocol for periodical testing
* NMC chief’s stand of exchequer being burdened is ridiculous & contemptuous
* No basis on ICMR’s claim of limited availability of RT-PCR testing globally