AN ANALYSIS OF RIGHTS OF HEALTH CARE WORKERS AMIDST THE COVID-19 PANDEMIC: AN INDIAN PERSPECTIVE

Abstract

The time of crisis is the best time to assess the effectiveness of anything and COVID-19 pandemic is no exception to this. While the turbulent times of the pandemic has created a hue and cry across the globe, the health care workers also the front line warriors, are one of the most suffering sections of the society as they have been risking their lives in treating the patients of this dangerous disease. The efficacy of the virus was such that within a month of its outbreak, it infected thousands of people across the globe and the cases have been rising ever since then, at an alarming rate. On January 20, 2020, the World Health Organization (WHO) declared the outbreak of COVID-19 as the‘Public Health Emergency of International Concern’[1]. This has reaffirmed the outlook of the pervasiveness of the virus and has created a sense of fear of the repercussions linked with neglecting deadly pathogens from the aspect of the health laws. The WHO along with the experts from across the world and governments have been tirelessly working to strengthen the expansion of scientific knowledge and awareness of this novel virus with an objective to give timely advice and measures that are required to be undertaken to contain the unfurling of this deadly virus. This paper aims at highlighting the hurdles in upholding the right to health care, in particular, of the health care workers amidst the outbreak. Undoubtedly, a person can give his/her best in the work that he/she is doing, if he is permitted to avail of his fundamental rights for they empower an individual to work efficiently. Therefore, in the present pandemic situation, it is only the human rights of health care workers which would add as a catalyst to fight this virus. Hence, the paper will take into account the Human Rights of the Health Workers from the National as well as the International perspectives. Emphasis will also be laid on assessing India's responsibilities towards securing the right of healthcare workers in consonance with the international conventions, the domestic law as well as the Constitution of India. Towards the end, the author seeks to recommend a few suggestions for consideration.