Dr Vandana Das death case: HC directs State to Draft Protocol for Producing Persons in Custody after considering doctors' opinion

Kochi: While considering the matter concerning instances of violence against doctors, the Kerala High Court on Thursday directed the State Government to hear the representatives of the Kerala Judicial Officers Association, the Kerala University of Health Sciences (KUHS), the IMA - Kerala Chapter, Kerala Private Hospital Association, the Kerala Govt Medical Officers Association (KGMOA), and the Kerala Govt Medical College Teacher Association (KGMCT), while finalising the protocols for production of persons from their custody.

While the counsel for the Government Sri S. Kannan sought one month's time for this purpose, the Division Bench of the High Court comprising Justice Devan Ramachandran and Justice Kauser Edappagath observed, "...we are of the opinion that we require to be informed much earlier. Therefore, the decision of the Government in this regard shall be made available to us, as far as practically possible, by the next posting date."

Apart from this, the bench has also directed the State to consider providing security cover to all hospitals across the State through SISF. In this regard, the bench ordered, "The Government will actively consider providing security cover to all hospitals - be that Government or private – through the SISF. They will be at full liberty to consider and enumerate the terms, including for payment by the hospitals in the private sector; and for this, when the Kerala Private Hospital Association is heard as ordered above, this aspect shall also be kept in mind."

The High Court's directions have been issued while considering the case concerning the unfortunate demise of Dr. Vandana Das. Medical Dialogues had earlier reported that the 23-year-old house surgeon, Dr Das was attacked by a prisoner who was brought to government taluk hospital in Kottarakkara in Kerala's Kollam district for treatment of his injuries. After being stabbed by the patient with scissors, Dr. Das was immediately taken to a private hospital in Kottarakkara, where she died while undergoing treatment.

Also Read: Dr Vandana Das Death: Lawyer moves HC seeking Rs 1 crore compensation for Doctor's Family

Previously, the High Court bench had directed the SPC to evolve sufficient and effective protocols concerning how persons in custody – be that accused or otherwise – are to be presented in hospitals and before medical professionals as part of the criminal justice system or such other.

During the hearing of the case on Thursday, the Government pleader informed the bench that a draft has been prepared by the police department and submitted before the Government addressing the protocols to be followed by the police while producing persons in their custody before learned Magistrates and healthcare professionals.

At this outset, the bench observed, "This certainly is a welcome step, but, as we had said on the earlier date when this case was listed, same should be settled on a war-footing, because we cannot afford another incident to happen."

"That said, the State must also take into confidence the Association of Doctors and Judicial Officers, as also the Health University, while finalysing the protocols, because they are the persons who will be immediately affected by them in their professional capacity," it further noted.

Meanwhile, referring to the issue of protection offered to hospitals, the Additional Director General of Police had earlier informed the bench that the the services of the State Industrial Security Force (SISF) can be made available to both Government and private sectors, but on approved terms.

During the hearing on Thursday, the Government pleader Sri. S. Kannan informed the bench that there is a proposal under active consideration to give SISF protection to the Government hospitals without any charge; and that the Health Department has been asked to make a list of those in priority.

However, addressing the issue of protection at the private hospitals, the Government Pleader submitted that the Government is of the opinion that they should make their own arrangements, without having to rely upon the SISF.

Disagreeing with this opinion, the bench observed, "Though the policy of the Government with respect to the Government hospitals is certainly in the right direction, we are of the view that the affording of protection to private hospitals, on their request, by the SISF is also one that they must consider and address, particularly when they unequivocally say that they are willing to pay for such."

Issuing directions to the Government, the bench has asked to finalise the protocols for production of persons from their custody after considering the medical fraternity. It has also asked the State to actively consider providing security cover to all hospitals- both government and private.

"We make it clear that our earlier orders, regarding the registration of an FIR within an hour of the intimation to the Police of an incident involving an attack on medical professionals, will continue to be in effect," it further noted.

Meanwhile, the Senior Government Pleader informed the bench about the Ordinance promulgated to amend the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

However, the bench refused to comment on it and observed, "We do not propose to speak on it since same is unnecessary on our side at the moment. Suffice to say, a long pending request of the healthcare professional community appears to have been taken note of and acted upon."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-hc-order-210567.pdf

Also Read: Provide Security to all Hospitals to avert Violence Against doctors: Kerala HC directs Police