Justice - 1 year jail for 3 culprits who assaulted pediatricians at CMC Ludhiana

In February 2018, after the death of a 16 year old patient, relatives vandalised the hospital and assaulted the doctors and staff of Pediatric ICU of the CMCH alleging medical negligence by the doctors and the hospital. The infuriated relatives also vandalized the hospital property and attacked staff in the paediatric department.

The video of the same soon went viral of social media, prompting stern reactions from doctors across the country.

Following the assault, 250 junior doctors of CMC held a non-violent protest demanding local administration and police authorities to book the culprits. Indian Medical Association (IMA), Ludhiana came out in support of assaulted doctors.

Considering the backlash from the medical professionals, police had arrested the attackers under sections 341 (Punishment for wrongful restraint), 451, 323 (voluntarily causing hurt), 506 (criminal intimidation), 427 (Mischief causing damage to the amount of fifty rupees) of IPC as well as relevant sections of Punjab protection of Medicare service persons and Medicare Service Institutions (Prevention of violence and damage to property) Act 2008.

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Now during the recent hearing of this case, the recordings of the entire incident were produced before the court.

TOI reports that claiming false implication, the trio had reiterated that the patient had died to the negligence on the part of the doctors. False FIR was lodged against them in order to pressurize the kin of the deceased to not seek action against the doctors.

However, finding no merit in their contention, the court observed:

"Assuming the doctors were negligent while treating the patient, though no such evidence has come on record, it does not give any right to the accused to inflict violence upon the doctors and to damage the property of the hospital. Understandably, after hearing the news of the death of patient, her relatives would be emotionally charged. However, their pent up emotions do not give them any right to take law into their own hands. Had the accused persons been truly aggrieved about the negligent treatment of the doctors, they could have explored legal remedies for the same. No such evidence has come on record whether the accused had initiated any lawful proceedings against the doctors for their alleged negligence."

Concluding on the case, the court of judicial magistrate first class Vishag Gupta sentenced the trio one-year rigorous imprisonment and also imposed a fine of Rs 5,000 each on the convicts. In case of failure in payment of the fine, they would have to further undergo rigorous imprisonment for four months, reports TOI

Assault on medical professionals and vandalism of hospital property has proven to be an uncontrolled horrific menace which doesn't seem to end. These rampant instances of violence portray nothing but the lack of trust of patients on their doctors and that medical professionals are being made the scapegoat of the public frustration.

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