Skip to main content

'Draconian' Kerala health law follows WHO diktat: Govt readies to take harsh measures

By Dr Maya Valecha* 
The Governor of Kerala has signed the Kerala Public Health Bill, which essentially reverses the people’s campaign in healthcare services in Kerala for decentralisation. The campaign had led to relinquishing of state powers in 1996, resulting in improvement of health parameters in Kerala. Instead, now, enforcement of law through the exercise of power, fines, etc., and the implementation of protocol during the pandemic, are considered of prime importance.
This is being done to implement World Health Organisation (WHO) directives more stringently. The WHO treaty is to come into effect by May 2024, providing legal binding for all countries to amend their laws accordingly.
The Kerala government appears to be ready to be the first in implementing harsh measures. The new law suggests it wants to be prepared with the law to implement the WHO diktat.
Words carry meaning and show the intention. The first thing done under the Act is public health officers are renamed under this Act as Public Health Authorities. And these Public Health Authorities will have all-compassing powers to get work done as directed by Government departments, including police. Any refusal or non-cooperation will be considered breach of conduct and indiscipline.
Even the elected bodies are to provide all support to the Public Health Authorities.  The elected bodies will not be approached while deciding actions, not mention taking feedback from them or  people in general.
The State Health Authority and the District Health Authority will advise the State government/ district magistrate to declare emergency. While giving definitions in the Act, the WHO definition is followed: Sudden and rapid increase in number of diseases is mentioned, and not its severity or hospitalisation burden, as we saw during Covid-19, when even asymptomatic people with a non-diagnostic test were forcefully quarantined.
The district collector in the event of an outbreak, with or without the application of Public Health Authority, can prohibit assembly of persons, offering the numbers to be gathered at a place, public or private -- as we had seen in some western countries where only  specified number of friends or relatives were allowed to come to one's place. These are all irrational, unscientific measures just to establish control over people. Also in India, different number of people were allowed to assemble for different purposes, as if the virus knew how to attack when assembly is for marriage or for last rites.
The law says, “The State Public Health Authority shall publish Standard Medical Treatment Protocols that are to be followed by public and private healthcare providers and healthcare establishments in respect of the National Health Programmes and the diseases notified under this Act.”
Protocols are to be followed not only by patients who are diagnosed but even patients with symptoms of a disease.  “Where the State Public Health Authority has notified an epidemic disease and prescribed the mode of management to be followed exclusively in the management of the disease, including collection of specimens, diagnostic and therapeutic procedures, such mode of management and procedures shall be followed by all the medical practitioners and healthcare establishments, who treat the patients with the symptoms of such disease."
Though after the protests by Ayush doctors, they have been included in some advisory committees, most Ayush doctors fear that their presence will be ornamental. Kerala is the hub of other medical knowledge systems and it is a major reason for better health of people in Kerala. Excluding them during a health emergency is not advisable. Also, what about individual freedom to choose the type of medical treatments that are legal? 
Medical ethics violation by doctors of all systems has no mention in the Act. Where is the judgement of the doctor who is handling these cases if the strict protocol is to be followed? As with all other provisions, the non-compliance will be dealt with fines.
Houses or buildings can be vacated to carry out activities as are necessary for that area to prevent spread of infection. Occupants have to leave the house in 12 hours. Where will they go? What about their health after displacement? Didn't we see the images of China showing such government activities, evacuating residents from their apartments? Is this public health management or active mismanagement?
Any person or medical establishment who notices or knows of any incident/death or outbreak of any notifiable or communicable disease, have to report it to the Public Health Authority, and failure to report is punishable with fine up to Rs 5,000! So, citizens are made vigilantes.
The private and public health establishments will have to provide data in the format prescribed by the Authority. There is no mention of data safety in the Bill.
Rationality is sought to be given for forceful isolation of infected persons, though  our experience during Covid-19 shows the incidences of 3 years old children, who should not have been tested in the first place, were even isolated for full month, just because the child was exposed to the asymptomatic positive father and tested positive herself. Imagine the life time trauma the child would face!
Once open discussions and involvement in decision making is discontinued, authoritarian, irrational, scientifically unproven measures start. Even the asymptomatic adults were quarantined, and some of them committed suicide.
Recent reports about tribal deaths due to malnutrition and lack of medical care facilities point fingers to things to improve in Kerala
In the words of AK Shiburaj, “The provisions of this bill have been prepared without considering the socio-economic and political conditions that render due importance to the social determinants of health The new bill provisions are limited to a regulatory approach without exploring possibilities like service approach and health education. Instead, enforcement of the law through the exercise of powers, fines, etc., and the implementation of protocol during the pandemic are of prime emphasis in various ways throughout the Bill.”
An important worrying aspect is that, no prosecution shall be instituted against the authorities without  previous sanction of the Government in case of malicious abuse of power under the Act. The high-ranking officers are likely to go scot-free under these circumstances. This even after the reports of tribal kids’ deaths in 2020 from malnutrition.
In fact,  recent reports about tribal deaths due to malnutrition and lack of medical care facilities point fingers to the things to be improved in Kerala’s health system. There is no mention of nutrition monitoring and management in any section of the Bill -- it's not there in maternal, nor in neonatal, nor  in the adolescent health section, nor in preventive or promotive guidelines.
This is particularly objectionable for Kerala, where in 1996, recognizing the eroding trust in the public system, Kerala underwent a major overhaul when the State government implemented the People's Campaign for Decentralized Planning movement. Through this reform, the State government decentralized and relinquished a significant amount of power.
Communities were brought together to determine which health topics were important and needed attention, with selected topics ranging from strengthening Primary Healthcare Centre (PHC) facilities to improving water and sanitation safety.
The results were for all to see.  Even with comparatively low per capita income, Kerala improved its health parameters better than the national average. Now, under the effects of market forces, budget cuts because of decreased funding from the Centre, and blind faith in “science” that comes from the west or the WHO, all the gains of public health will be reversed, and a medical tyranny is to set in.
Not only the people of Kerala but the people all over India should protest against the Bill with its potential for human rights violation in the name of public health, violating the basic principles of public health. The Central government is consenting for WHO Pandemic Preparedness Treaty without informing the public to enforce WHO directives.  To introduce such Bills in the States, one after the other, appears to be a Central strategy.
---
*Senior physician based in Gujarat 

Comments

Ruben said…
An eye openeing report to the people who forget the fundamental rights.
Looks like the law will effectively prevent people from taking recourse to other systems of medicine such as Ayurvedam and Homeopathy that are promoted by the government of India. A very retrograde step considering that other counties like China are promoting their traditional systems.

TRENDING

Vaccine nationalism? Covaxin isn't safe either, perhaps it's worse: Experts

By Rajiv Shah  I was a little awestruck: The news had already spread that Astrazeneca – whose Indian variant Covishield was delivered to nearly 80% of Indian vaccine recipients during the Covid-19 era – has been withdrawn by the manufacturers following the admission by its UK pharma giant that its Covid-19 vector-based vaccine in “rare” instances cause TTS, or “thrombocytopenia thrombosis syndrome”, which lead to the blood to clump and form clots. The vaccine reportedly led to at least 81 deaths in the UK.

'Scientifically flawed': 22 examples of the failure of vaccine passports

By Vratesh Srivastava*   Vaccine passports were introduced in late 2021 in a number of places across the world, with the primary objective of curtailing community spread and inducing "vaccine hesitant" people to get vaccinated, ostensibly to ensure herd immunity. The case for vaccine passports was scientifically flawed and ethically questionable.

'Misleading' ads: Are our celebrities and public figures acting responsibly?

By Deepika* It is imperative for celebrities and public figures to act responsibly while endorsing a consumer product, the Supreme Court said as it recently clamped down on misleading advertisements.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Mired in controversy, India's polio jab programme 'led to suffering, misery'

By Vratesh Srivastava*  Following the 1988 World Health Assembly declaration to eradicate polio by the year 2000, to which India was a signatory, India ran intensive pulse polio immunization campaigns since 1995. After 19 years, in 2014, polio was declared officially eradicated in India. India was formally acknowledged by WHO as being free of polio.

In defence of Sam Pitroda: Is calling someone look like African, black racist?

By Rajiv Shah  Sam Pitroda, known as the father of Indian telecom revolution, has been in the midst of a major controversy for a remark on how Indians across the regions look different. While one can understand Prime Minister Narendra Modi taking it up for his electoral gain, suggesting it showed the racist Congress mindset, what was unpalatable to me was Congress leaders – particularly Jairam Ramesh, known for his deep intellectual understand – distancing themselves from what Pitroda had said.

'Fake encounter': 12 Adivasis killed being dubbed Maoists, says FACAM

Counterview Desk   The civil rights network* Forum Against Corporatization and Militarization (FACAM), even as condemn what it has called "fake encounter" of 12 Adivasi villagers in Gangaloor, has taken strong exception to they being presented by the authorities as Maoists.

No compensation to family, reluctance to file FIR: Manual scavengers' death

By Arun Khote, Sanjeev Kumar*  Recently, there have been four instances of horrifying deaths of sewer/septic tank workers in Uttar Pradesh. On 2 May, 2024, Shobran Yadav, 56, and his son Sushil Yadav, 28, died from suffocation while cleaning a sewer line in Lucknow’s Wazirganj area. In another incident on 3 May 2024, two workers Nooni Mandal, 36 and Kokan Mandal aka Tapan Mandal, 40 were killed while cleaning the septic tank in a house in Noida, Sector 26. The two workers were residents of Malda district of West Bengal and lived in the slum area of Noida Sector 9. 

Palm oil industry 'deceptively using' geenwashing to market products

By Athena*  Corporate hypocrisy is a masterclass in manipulation that mostly remains undetected by consumers and citizens. Companies often boast about their environmental and social responsibilities. Yet their actions betray these promises, creating a chasm between their public image and the grim on-the-ground reality. This duplicity and severely erodes public trust and undermines the strong foundations of our society.