1st conviction: Man gets 3-year jail for sexually harassing ASHA worker

The Epidemic Diseases (Amendment) Ordinance was enforced by the Union government on April 22, 2020 to check violence against frontline health workers. It was made a non-bailable cognizable offence. As per a notification of the Gujarat government, it will be in force till December this year.

On April 23, 2020, a 28-year-old ASHA worker at a village in Mehsana taluka of the same district was harassed by Patel. He was arrested the same day. Patel, in his 40s, used to stay in the same village as the ASHA worker at the time of the incident and ran a factory that built plastic water tanks.

Additional Public Prosecutor in the case, Ashok Makwana, told The Indian Express, “The court has taken serious view of such violence against women while convicting Kamlesh Patel… He has also been fined Rs 12,000.”

Patel was booked under sections 3(1), 3 (2)(i) and 3(3) of the amended Epidemic Diseases Act.

The amended Act provides definitions of “act of violence” and “healthcare service professional”. It defined violence as “harassment impacting the living or working conditions of such healthcare service personnel and preventing him from discharging his duties; harm, injury, hurt, intimidation or danger to the life of such healthcare service personnel either within the premises of a clinical establishment or otherwise; obstruction or hindrance to such healthcare service personnel in the discharge of his duties either within the premises of a clinical establishment or otherwise; loss or damage to any property or documents in the custody of or in relation to such healthcare service personnel”.

According to Section 3(2)(i), whoever commits or abets the commission of an act of violence against a healthcare service personnel shall be punished with imprisonment for a term, which shall not be less than three months but may extend to five years, along with the imposition of fine.

Besides the atrocities Act and the Disaster Management Act, Patel was also booked under sections 354A (sexual harassment), 332 (voluntarily causing hurt to deter public servant from his duty) and 504 (intentional insult with intent to provoke breach of peace) of the IPC by the Santhal police station.

Speaking to The Indian Express, the ASHA worker said, “I am happy that he has been convicted. He harassed me for no reason…” A Class XII dropout, the woman has been working as ASHA worker for the last 11 years.

“During the pandemic, I was on duty and was looking for patients suffering from cold and cough. While I was passing by, this man (Patel), whom I did not know, stopped me on the road and asked for medicines. I asked if he had any symptoms, like cold or cough. He then made an indecent proposal and forcefully tried to push me in his car.

In the ensuing scuffle, I hurt my hand… He also hurled casteist slurs against my community,” she said. “I started screaming and soon people gathered on the spot. My house is nearby and my elder brother too rushed to the spot. However, this man fled… My brother took me to the Santhal police station where a complaint was filed.”

The ASHA worker added that after Patel was booked, “indirect proposals” were made by the accused’s side to strike a compromise. “But I did not want a compromise. I wanted justice. Without any fault of mine, he did what he did. I wanted to teach him such a lesson so that he will think twice before repeating the same with any other woman… Now, my only wish is that he does not cause any difficulty after he is released from jail,” she said.