Covid-19 and Vicarious Liability in India

Covid-19 and Vicarious Liability in India

World Health Organisation (WHO), in its updated #Travel_Advice dated 24 January 2020 (previous Travel Advice was issued on 10 January, 2020) for international traffic in relation to the outbreak of novel coronavirus 2019-nCoV,  has specifically adviced for entry screening in countries/areas regarding transmission of novel coronavirus 2019-nCoV. 

WHO Travel Advice, in clear terms has stated that, 'Evidence shows that temperature screening to detect potential suspect cases at entry may miss travelers incubating the disease or travelers concealing fever during travel and may require substantial investments.

However, during the current outbreak with the novel coronavirus 2019-nCoV, the majority of exported cases were detected through entry screening. The risk of importation of the disease may be reduced if temperature screening at entry is associated with early detection of symptomatic passengers and their referral for medical follow up.

Temperature screening should always be accompanied by dissemination of risk communication messages at points of entry. This can be done through posters, leaflets, electronic bulletin, etc, aiming at raising awareness among travelers about signs and symptoms of the disease, and encouragement of health care seeking behaviour, including when to seek medical care, and report of their travel history.

Counties implementing temperature screening are encouraged to establish proper mechanism for data collection and analysis, e.g .numbers of travelers screened and confirmed cases out of screened passengers, and method of screening. In implementing entry screening, countries should take into account national policies and capacity.

Public health authorities should reinforce collaboration with airlines operators for case management on board aircraft and reporting, should a traveler with respiratory disease symptoms is detected, in accordance with the IATA guidance for cabin crew to manage suspected communicable disease on board an aircraft.

Previous advice with regards to procedures for a sick traveller detected on board a plane and requirements for IHR capacities at points of entry remains unchanged (see WHO Advice published on 10 January 2020).' 

These advices, though have been issued by WHO on 10th & 24th January, 2020 itself, Government of India acted in a neglegent manner and not considered seriously for around 60 days, risking life of people who are suffering now, and, the countries which have strictly followed the same, have not been affected by Covid-19. Neither the government prepared itself for 60 days, nor it has alerted the citizens of India to prepare themselves to meet the situation. The Government of India is vicariously liable, for all consequential loss and damage in the country.

(*To read WHO-Travel Advice dated 24 January 2020,  please click the following link :

 https://www.who.int/news-room/articles-detail/updated-who-advice-for-international-traffic-in-relation-to-the-outbreak-of-the-novel-coronavirus-2019-ncov-24-jan )