FIR for Attacks on Doctors, Medical Professionals need to be Registered within one hour: Kerala HC directs Police

Ernakulam: Taking cognizance of the increasing instances of attacks on doctors, the Kerala High Court has recently directed the police authorities to ensure that a First Information Report (FIR) needs to be registered on every incident of attack on a doctor or medical professionals within one hour.

The HC bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath issued this direction as a primary step to address the issue of violence against doctors.

Suo Motu impleading the State Police Chief, the bench observed, "as a first step, in addition to the earlier directions, we are of the firm view that every incident of attack on a Doctor or a Healthcare Professional, including any other staff of the Hospital - be that Security or other - will have to be taken cognizance of by the Station House Officer of the concerned Police Station not later than one hour from the time on which it is reported to him."

"This can be under the Special Law applicable, or under the Indian Penal Code; but an FIR will be need to be registered within the afore time frame, which alone will ensure that the perpetrator/s understands that action is swift and quick," further noted the bench.

Earlier this year, the Kerala High Court had suggested the Government to consider deploying police presence in hospitals, especially in the most sensitive areas and later extend it to other hospitals as well.

Such observations had come from the High Court bench while it was considering a case related to the an attack on a nurse and a doctor at Neendakara Taluk Hospital.

Also Read: Deploy police at Hospitals to prevent Violence against Doctors: Kerala HC advice to Govt

Medical Dialogues had earlier reported that while considering the matter, the High Court had referred to the reports of 'routine' attacks on Healthcare personnel and observed that even though Kerala Healthcare Service Act 2012 has provision for strict penalties for assault against healthcare workers, the legal provision was not sufficient to stop the assaults.

Therefore, the HC Division bench comprising of Justice Devan Ramachandran and Justice Kauser Edappagath had noted back in June 2022, "No doubt, the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 provide for very stringent provisions and punishment. However, as the present case demonstrates, it is not always the best deterrent. We, therefore, have to think about placing hospitals, particularly in remote areas, under police protectional cover, more in the evenings and nights, so that the doctors and nurses can work without apprehension."

While the bench was considering these matters after almost six months, Sri.S.Gopakumaran Nair, learned Senior Counsel, instructed by Sri.S.Prashanth; and Sri.K.Anand informed the bench that for about 12 month period from June, 2021, the number of attacks recorded was in excess of 138.

Taking note of this, the bench observed, "This is certainly distressing, because, statistically, this means that there are at least 10 or 12 attacks every month."

Clarifying that the court is more concerned because despite the court orders in the past, the attacks have only increased in number. The court noted, "We are more concerned because we had been issuing orders in the past, under the hortative hope that the official system would function faultlessly; and that the citizens would also be aware of the imperative requirement to treat the Healthcare System with the respect it deserves."

"The discussions at the Bar today clearly show that, unless a sense of fear of law is instilled into the citizens, nothing can really change. Experience has shown us that citizens are not fearful of law, but of apprehension in case of misconduct or infraction," it further observed.

The bench added that prima facie it is perhaps because citizens get the impression that the processes of law are slow and that they would not be taken to task, that such recurrent occurrences happen.

"The fact that the Government Hospital System is overwhelmed and that the number of patients are escalating by the day, are common knowledge. Unless the Doctors and Healthcare Professionals are able to act in peace and calm, it would become impossible for the system itself to sustain," the bench observed at this outset.

Noting that all the stakeholders should inform the court about the steps that have been taken in this regard, the bench added, "Obviously, therefore, we require all the stakeholders, including the Government, to inform us what steps had been and have to be taken to ensure this."

Meanwhile, the Senior Government Pleader Sri S. Kannan informed the bench that every step as ordered by the HC bench earlier, including the establishment of Police Outposts in hospitals, had been implicitly adhered to by the Government. The Government counsel further submitted that the State was willing to accept any other suggestions- either by the Court or by the stakeholders in this regard.

"We also assured that the Government shares the concern of this Court qua the integrity of the Healthcare System," noted the court at this outset.

Therefore, as a first step the Court has directed the police to ensure that FIRs are lodged against the instances of attacks on doctors and healthcare professionals within one hour.

"As said above, this is only the first step and we will certainly add to this in the days to come, depending upon the inputs which are to be received from the parties in these cases," noted the court.

Suo motu impleading the State Police Chief, the bench remarked,

"We do so because, the said Authority will be the best Officer to ensure that our directions as below are effectively implemented, through necessary Circulars or such other instructions."

"In the afore perspective, we hereby order that every Station House Officer concerned, to whom, or to whose Station, a complaint of atrocity or attack or harm on any Healthcare Professional – be that Doctors, Nurses, staffs, security or such other, or against the property of a Hospital- shall be recorded as a first information and a case registered within a period of one hour from the time on which such information is obtained or gathered," read the order.

"Needless to say, swift action thereafter shall be initiated, including to apprehend the Offenders, as and when it requires so, leading to prosecution and such other, as the law warrants," it further added.

Further, requesting the State to ensure that the citizens are aware of the gravity of the offence of an attack on medical professionals, the bench added in the judgement,

"...we request them to ensure that the citizens are told, by appropriate methods, the gravity of the offence of an attack on a Hospital or a Healthcare Personnel; and the manner in which this Court proposes to deal with it in future."

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-hc-192775.pdf

Also Read: Doctors can refuse to treat in case of Abusive, Unruly, Violent Patients, relatives: NMC Draft Medical Ethics Regulations 2022