Tuesday, April 21, 2020

Activist Suggests Invoking Section 24 of DM Act to Ensure Services of Private Hospitals



Jammu, 21/Apr/2020: Making a fervent appeal to the J & K Union Territory administration led by Lieutenant Governor  GC Murmu to take cognizance of plight of non-Covid patients also and ensure their treatment in government as well as private hospitals.

RTI activists Raman Sharma has appealed the J & K government to invoke section 24 of the Disaster Management Act 2005 to ensure that reluctant private medical practitioners, hospitals and nursing homes do not deprive the citizens of required medical aid amidst the corona pandemic.

Sharma said that unfortunately amidst the pandemic outbreak many private medical practitioners, hospitals and nursing homes have stopped treating even the non-COVID patients whereas these same private hospitals and doctors were providing services to these patients for years and decades.

In his appeal the activist  said when the entire government medical health institutions are engaged in dealing with the patient suffering from Corono virus almost many private medical practitioners have stopped working.  He appealed the J & K government to invoke section 24 of the disaster management act to continue their services.  
It is pertinent to mention here that section 24 of the DM Act 2005 defines  Powers and functions of State Executive Committee in the event of threatening disaster and  allows the State/UT government to utilize the services and facilities of any government as well as any individual or any private entity for the purpose of making  these available  resources for the use in  emergency response, rescue and relief and procure exclusive or preferential use of amenities from any authority or person as and when required.  












Friday, April 17, 2020

Transparency is Subdued in Times of Lock down & COVID: RTI Activist


Ensure Transparency in COVID Relief Distribution & Procurements: RTI Activist

Jammu, 17/April/2020: Expressing serious concern over the casualty of Transparency and Accountability in the times of Corona Pandemic and lockdown in Jammu and Kashmir Union Territory, RTI activist Raman Sharma has urged the Lieutenant Governor GC Murmu to direct both the Divisional Commissioners of Jammu and Kashmir Divisions to ensure transparency in distribution of relief material and procurement of different items by all departments and government agencies.

Sharma also appealed the Deputy Commissioners of all the districts to suo moto disclose the detail of all the relief material distributed to local and migrant workers and other bonafide residents of J & K,  expenditure incurred on availing different services and detail of products and purchases  on their respective websites to ensure fair distribution of relief material and accountability.

Citing the example of Indian Red Cross Society, he said  this organization is also distributing  ration and relief material but no one knows the method of their selection of beneficiaries, no criteria is fixed. Similarly no detail of relief & ration  distribution to workers   is published on the website of J & K Labour department though they also have their own dedicated website. It is pertinent to mention here that due to lock down people are not able to file RTI applications with government departments therefore the best way is to publish all the details through electronic mode. 










Friday, April 3, 2020


COVID-19: Safety and Optimal Utilization First, Let Only the  Administration Carry Out the Relief Distribution 

“ Ban Circulation of Videos Inciting to Defy Government Orders “

Deepak Sharma

When the whole machinery of the country is pressed into containing the spread of novel corona virus (COVID-19) and to save the lives of people, there are some who are intentionally defying the Government orders and advisories and are seen attacking, manhandling the front line medical workers, which makes the situation more serious and appalling. More dreadful are the videos available on internet and which are viral on social media platforms, media mainly made using video-sharing social networking service applications like Tik Tok and Vigo , which on the name of Islam, provokes and wrongfully induces the people belonging to Islam/Muslim religion to defy Government orders and advisories to prevent spread of novel corona virus (COVID-19). Such videos must be banned immediately and law enforcement agencies must identify people involved in these videos and strict action under law is required to be taken against all such people.

  And if  such videos are not banned immediately, it could cause a grave threat of spread of corona virus especially in the Union Territory of Jammu and Kashmir where majority of the population following Islam religion, though is educated and informed,  but  there are many other settlements of  foreigners like Rohingyas, Bangladeshis who follow Islam religion, are orthodox and most of them are poor and uneducated and thus can easily fall prey and get influence to such propaganda videos and cause significant devastation by spreading the novel corona virus (COVID-19) .

While on the other hand, it is laudable to see that in this grave situation of threat to human race arisen out of the spread of novel corona virus (COVID-19), people in India altruistically coming out of their homes on own volition and distributing relief to others but at the same time the way the distribution of relief work is being carried out without ensuring quality of relief material and without following standard protocols and proper precautions, planning and coordination , it could not only result in health issues among those receiving sub standard quality relief material but could also augment the spread of disease and also cause shortage of food supplies in the times to come, as the way the virus is spreading, the lock down could lasts for a considerable much longer time.

As far as food reserves are concerned, though, as of March 9, 2020, J&K has total food stock of 2.18 lakh metric tones out of which the stock of rice is 1.57 lakh metric tones and that of wheat is 0.61 lakh metric tones and the country overall has the food stock of 584.97 lakh metric of which rice is 309.76 lakh metric tones and wheat is 272.21 lakh metric tones, which is not of much satisfaction keeping in view the vast population of the country, but if this  unmindful, unplanned and uncoordinated distribution of relief continues it could cause severe shortage of food supplies in the times to come if the lockdown period is considerably increased, which is sure to happen in view of the current situation. Already those who are engaged in the distribution of relief have purchased the stocks in volumes from the nearby karyana shop, local market and wear house and as per the media reports Jammu’s biggest whole sale market wear house has stocks left with only for seven days and there is no immediate hope of receiving supplies as the trucks carrying essential supplies are stranded in other states because of restrictions due to lockdown, though the Government has said that over 300 trucks are arriving J&K every day, which could give relief for some time but if the food supplies are not efficiently managed and distributed it could cause a serious food concern in near future if the lockdown continues for a longer period, and the prolonged lockdown would further result in affecting the agriculture produce causing shortage of supplies and there would be bleak chances of getting import of food stocks from the other countries as every country of the world more or less would have been effected of the disastrous effects of the virus on the longer run. So there is an obvious need of proper planning and management of food reserves so as to meet the demand and supply in future.

Quality distribution of relief material and Proper identification and marking of those in J&K who are deserving and are in actual need of free relief at the first instance, is required to be done, as though there is no denying the fact that there exist a section of population in J&K which is poor and maximum of such poor people are the economic migrants from other states but the poverty level in J&K is not as worrisome as it exists in other parts of the country. The poverty rate in J& K is 10.35 per cent, which is almost half of the national average of around 21 per cent & Human Development Index for Jammu & Kashmir, however, is higher than the national average.      

The Human Development Index (HDI) is a composite index of life expectancy, education, and per capita income indicator and if the food reserves are not properly managed and distributed free of cost only to those who deserves, we could land up in shortage of food supplies in near future as the lockdown could continue for next few months seeing the severity of the spread of virus and mounting daily counts of positive cases of novel coronavirus (COVID-19).  But if we plan and distribute the relief judiciously not only we would be self reliant in future but if need arises, would be even able to provide supplies of food reserves to fellow countrymen.

In this hour of crisis to the survival of human race, many NGOs and other organizations have come forward for relief and people of all religions and beliefs are donating generously to these organizations. Even political parties through their office bearers and workers are pressed in distribution of relief  but the lack of protective measures, training , coordination and planning among them is causing the risk of spread of virus and misutilization  of limited food supplies as the relief is being distributed without any mechanism which creates the scope of receiving relief by same person or family from multiple organizations engaged in the distribution of relief leaving many others much deserving who may be in actual need of relief. As it is seen that in the same area many different organizations distribute relief but there are only fixed number of people in every area  who actually deserve free ration distribution at the first place and because of lack of coordination among the organizations , ration is being distributed to same set of persons or families multiple times and such people also do not divulge this fact of receiving relief earlier also to the distributors fearing that lock down may continue for a substantial longer period and thus find it  proper to reserve food supplies.  

Not only there is a need for proper planning and management of food reserves but also the distribution is required to be done keeping in view the safety of those volunteers who are distributing and those who are receiving the relief .As the volunteers of NGOs and other political or non political organizations which are engaged in the distribution of free relief material are at a serious risk of getting in contact with corona virus infected person as most of them are performing the task of distribution without any proper training, protective gears and precaution.    Facebook , twitter, whatsapp and other social media platforms are flooded with videos and pictures of volunteers distributing relief material to people with no or minimum protective gears like quality masks, globes, goggles and without following fixed standard protocols of avoiding gathering of people in groups or in the shape of crowd, keeping required distance  and thus endangering not only their own lives but also of those around them and frustrating the very objective of lockdown which is to contain the spread of virus by breaking the chain of infection, without affecting the supply line of essentials. 

Many a times there is a hoax call of relief and people start gathering in groups to receive free ration. 
Also since it is now medically proven that the victim of corona virus remains asymptomatic id est without showing any symptoms for a number of days, in the absence of any medical screening of these volunteers by the government or even by their own organization, there is every possibility that some of them might have already contracted the virus and in the process of relief distribution might have even spread the virus among those who had physically come in contact with them or have received the bags of relief material touched or handled by such infected volunteers and there is equal possibility that the volunteers of such organization, who are without any training and protective measures, could contract corona infection from any infected person who comes to them to receive free relief.  Significantly, on March 30, 2020 the Jammu district administration while exercising power under section 144 Cr.P.C and Disaster Management Act, ordered the restrictions in an area where just a day before the volunteers of an organization had distributed relief to people en masse without following standard precautions and protocols.  So it is imperative that apart from providing trainings and protective measures, periodic medical screening of the volunteers is either required to done by the Government or by their own organization.  

We all need to understand this thing very clearly that we are going through a serious virus attack, declared as pandemic by the World Health Organization (WHO), which has resulted in  extraordinary circumstances causing death to thousands and illness to millions and still counting and as said extraordinary circumstances needs extraordinary decisions and planning and thus those who are distributing relief might have their earlier experiences of distributing relief in  situations like floods, cloudbursts, earthquakes, communal riots, accidents etc.  But this time the situation is far different and unique, for which they are not experienced and trained, forget getting properly equipped and protected. As this time, it is a fight against a virus, for which apart from periodic medical screening, special care, protection and training is required to be imparted to those who are engaged in the supply of essentials and free distribution and there must be a robust planning and coordination to get the maximum utilization of limited resources of food supplies.
Solution
First of all , it is immediately required that videos circulating on social media inciting muslims to defy lockdown, advisories and government orders to prevent spread of novel corona virus (COVID-19), must be removed forthwith , their further circulation be banned and strict action under law be taken against persons involved in such videos.  To overcome the issues of lack of coordination and poor management of distribution of relief and also that of safety of volunteers and relief seekers and to achieve the purpose of lockdown to contain the virus, it is suggested that either the Government take control and make regulations for the distribution of relief by the organizations by ensuring distribution of only quality relief material and making it mandatory to follow standard protocols, providing training and protective gears to the volunteers  and periodic medical screening of the volunteers engaged by such organizations for distributing relief and also to keep database of people receiving relief to check mis-utilization or exercising the powers under Disaster Management act, 2005, the Government may order that instead of distribution of relief by the organizations at their own individual level, the relief in cash or kind be given by all such organizations to the administration which would further be responsible to distribute it to the needy people through its established institutions like Panchayati raj institutions,   municipalities, district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services, and if any volunteer shows interest to assist the administration in the distribution of relief, the administration may take his assistance but only after providing proper training, protective gears and conducting periodic medical screening of such volunteers. 

By doing so  there would be a proper system in place for distribution and apart from ensuring the safety of volunteers as well as those receiving relief, it would also check mis utilization of relief material and ensure that quality free relief material is provided to those who deserves and are in actual need, as the Government already has the centralized data of B.P.L persons and for persons who are migrant labourers and others who due to the lockdown are unable to sustain themselves, the Government could provide them relief by marking their aadhar or other identity details to ensure that the same person or family do not get the relief multiple times for the same period. In this way not only the safety of volunteers and relief seekers could be protected but also there would be an authentic assessment and management of the food reserves which would be of colossal help if lockdown continues for a longer period. 
( The author is advocate; J&K High Court and convener RAAG (Research and Advocacy Group), views expressed are personal )