Seven years of Jail if someone attacks Doctors in Kerala

Thiruvananthapuram: Taking note of the continuous violence against doctors following the unfortunate demise of Dr Vandana Das, who was recently stabbed to death by a patient, the Kerala Government has approved an ordinance aimed at protecting doctors, healthcare workers, and medical students.

The Government ordinance which proposed amendment in Kerala Health Care Service Workers and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act 2012, has prescribed up to seven years of jail for anyone who attacks and causes bodily harm to any healthcare worker or professional. Apart from this, such a person would be liable to pay a fine between Rs one lakh to Rs 5 lakh. 

Further, the ordinance mentions that anyone who commits or attempts to commit or incites or inspires an act of violence against healthcare workers or those working in healthcare institutions, shall be punished with imprisonment for a term not less than 6 months and up to 5 years and with a fine between Rs 50,000 to Rs 2 lakh, it said.

The ordinance has been passed at a cabinet meeting, chaired by Kerala Chief Minister Pinarayi Vijayan on Wednesday. During the meeting, the State approved the Kerala Health Care Service Workers and Health Care Service Institutions (Prevention of Violence and Damage to Property) Amendment Ordinance, 2012, a government statement said.

The existing unamended law covered registered and provisionally registered medical practitioners, registered nurses, medical students, nursing students and paramedical staff working in healthcare institutions, it said. Under the ordinance, the protection under the law would be extended to the paramedical students also, it said.

Also Read: RIP Dr Vandana Das: Medical fraternity shattered out on streets demanding Doctors Protection Act

Besides that, paramedical staff, security guards, managerial staff, ambulance drivers, helpers who are posted and working in health care institutions and health workers notified in the official government gazette from time to time will also be included in the ordinance, the statement said, adds PTI.

Under the ordinance, anyone found guilty of causing grievous bodily harm to any healthcare worker or professional would be punished with imprisonment ranging from one year to seven years and a fine between Rs one lakh to Rs 5 lakh would be imposed upon them, it added.

According to sources, the original Act “loosely” stated that offenders will be “punishable with imprisonment for a period which may extend to three years and with fine which may extend to Rs. 50,000”.

The amendment also fulfills the most important and vociferous demand of the medical fraternity that a definite time frame be fixed for the completion of the investigation of cases registered under the Act and the sentencing of the accused.

Doctors had contended that police inaction was making a mockery of the Hospital Protection Act and that even though over 200 cases had been registered under the Act in the past two years, not a single person had been convicted so far

The amendment now introduced in the 2012 Act says that a police official ranked not less than an Inspector will investigate cases filed under the Act and that the investigation will be completed within 60 days of the registering of the FIR.

Health Minister, Veena George, who spoke to the media earlier said that the trial procedures will also be completed within a stipulated time frame of one year and that the Government, with the consent of the High Court, will designate a court as a special court in every district for trying cases under the 2012 Act.

Medical Fraternity in Kerala had been protesting for the last few days after Dr. Vandana Das was murdered at her workplace by a patient. Medical Dialogues had earlier reported that Dr. Vandana Das was brutally stabbed to death with scissors at a government hospital in Kerala's Kollam district allegedly by a prisoner who was brought to the facility for a medical examination by the Police.

Aggrieved over the incident, the medical students, under the aegis of the House Surgeons Association, commenced a protest raising slogans of 'Inquilab Zindabad'. Indian Medical Association (IMA) also called for a total strike across the State.

Finally, the State Government of Kerala announced more measures to address the concerns of the doctors across the State and also decided to set up a panel to address the long-pending demands of the medical fraternity.

Also Read: Dr Vandana Das Death aftermath: Kerala Govt finally Announces Panel, Additional Measures to ensure safety of doctors