Ordinance to check violence against medical professionals has serious flaws, says CPI(M)
New Delhi [India], April 25 (ANI): Communist Party of India (Marxist) on Saturday said that the ordinance passed to check violence against health workers has serious flaws and added that its provisions violate the principle of the common law.
New Delhi [India], April 25 (ANI): Communist Party of India (Marxist) on Saturday said that the ordinance passed to check violence against health workers has serious flaws and added that its provisions violate the principle of the common law.
It said that the Polit Bureau of the Communist Party of India (Marxist) welcomes any legal protection so necessary for our health workers in the fight against the pandemic.
"However, the ordinance issued by the President of India has certain serious flaws. Section 3 (c) and 3 (d) together violate the principle of common law accepted and followed by all countries in the world including the criminal law jurisprudence in India on the vital issue of presumption of innocence until proven guilty," CPI(M) Central Committee Office said in a statement.
The CPI(M) said that these two sections, together, overturn this principle on its head and claimed that this is open to gross misuse, harassment, and targeting.
Hence, these two clauses 3(c) and 3(d) must be removed from the ordinance, the party demanded.
The Union Cabinet has approved the promulgation of the Ordinance to amend the Epidemic Diseases Act, 1897 to "protect healthcare service personnel and property including their living or working premises against violence during epidemics."
President Ram Nath Kovind has also approved to promulgate the ordinance.
The amendment makes acts of violence against medical professionals cognisable and non-bailable offences. Commission or abetment of such acts shall be punished with imprisonment for a term of three months to five years and with fine of Rs 50,000 to Rs 2 lakh in case of minor injuries.
However, in case of causing grievous hurt, imprisonment shall be for a term six months to seven years and with fine of Rs 1 lakh to Rs 5 lakh and the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage of property. (ANI)