Ordinance for safety of doctors comes into force in Kerala, Check out gazette details

Thiruvananthapuram: Fulfilling the demands of the medical fraternity to have stringent laws for dealing with violence against doctors and healthcare workers, the Government of Kerala yesterday published the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Ordinance, 2023 on its official Gazette.

The Government proposed the amendments to the existing Act at a time when the medical fraternity in the State was protesting against the continuous instances of violence against doctors. Among these instances, Medical Dialogues had earlier reported about the unfortunate demise of Dr. Vandana Das, who was recently stabbed to death by a patient.

Among several amendments proposed by the Government, it was decided that anyone who attacks a healthcare worker or causes any bodily harm, shall have to serve jail for up to seven years and such a person would also be liable to pay a fine between Rs one lakh to Rs 5 lakh.

Finally, by the order of Governor Arif Mohammed Khan, the State has published the amendments in the official Gazette. Following are the key points of amendments introduced to the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

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

Amended Definition of Healthcare Service Persons: 

Amending the definition of "healthcare service persons" in relation to a healthcare service institution, the State has included the Para Medical Students, Security Guards, Managerial Staff, Ambulance Drivers, and Helpers employed and working in healthcare service institutions, to the existing definitions. The Amendment further clarified that the definition may include "any other person which may be notified by the Government in the Official Gazette from time to time."

Definition of "Violence" modified: 

In the existing Act, the word "violence" referred to "activities causing any harm, injury or endangering the life or intimidation, obstruction or hindrance, to any healthcare service person in discharge of duty in any healthcare service institution or damage or loss to property in healthcare service institutions."

However, the Government has now included "verbal abuse" in the definition of violence. Referring to Clause e, the amendment mentioned, "before the word “activities” the words “verbal abuse or” shall be inserted."

Providing explanation of the term "verbal abuse", the amendment clarified, "For the purpose of this Act 'verbal abuse' means the words used with intention to insult, humiliate or degrade."

Extended Scope of the Act:

The amendment has inserted a new sub-section clarifying, “(2) The words and expressions used but not defined in this Act and defined in the Indian Penal Code (Central Act 45 of 1860) or the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), as the case may be, shall have the meaning respectively assigned to them in those Codes.”.

Modifications in Penalty for Violence against Healthcare Workers: 

Bringing stringent penalties for physically or verbally attacking a healthcare worker, the State has now increased the duration of imprisonment and fine. According to the amended Act, 

“(1) Whoever,—

(i) commits an act of verbal abuse to a healthcare service person shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees, or with both;

(ii) commits or attempt to commit or abets or incites the commission of an act of violence as defined in clause (e) of section 2, other than the offence specified in item (i) shall be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees;

(iii) while committing an act of violence against a healthcare service person, causes grievous hurt as defined in section 320 of the Indian Penal Code, 1860 to such person, shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.”

"Any offence under items (ii) and (iii) of sub-section (1) shall be cognizable and non-bailable.” mentioned the amendment.

Payment of Compensation: 

According to the existing Act, for the act of violence, the offenders were liable to pay compensation to the healthcare service institution. However, modifying it, the State has inserted the term “or healthcare service person, as the case may be" after the term "healthcare service institution".

Insertion of New Section to ensure Speedy Investigation: 

In order to ensure that the investigation in the matters concerning violence against healthcare worker is completed expeditiously, the amendment has introduced a new Section 4A to the existing Act.

After section 4 of the principal Act, the following section shall be added, namely:—

“4A. Investigation etc. to be completed expeditiously.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— (i) any case registered under this Act shall be investigated by a police officer not below the rank of Inspector and the investigation of such cases shall be completed within a period of sixty days from the date of registration of First Information Report;

(ii) in every inquiry or trial of a case under this Act, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following days to be necessary for reasons to be recorded, and an endeavour shall be made to ensure that the inquiry or trial is concluded within a period of one year: Provided that where the trial is not concluded within the said period, the court shall record the reasons for not having done so: Provided further that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time.

(iii) for the purpose of providing speedy trial, the State Government shall, with the concurrence of the High Court, by notification in the Official Gazette designate in each District a court of competent jurisdiction as a Special Court to try the offences under this Act;

(iv) for every Special Court the State Government may, by notification in the Official Gazette, designate Special Prosecutor for the purpose of conducting cases in that court.”.

Power of State to Make Rules: 

Referring to Section 7 of the existing Act that dealt with "Power to make rules" and mentioned that the State may make rules for the purposes of carrying out the provisions of the Act, the amendment has added a new sub-section. The newly added sub-section specifies that the State may make rules to addresses issues such as deploying adequate security personnel, installing CCTV cameras, arranging control rooms and alarm systems etc.

It reads as follows:

“(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—

(a) deployment of adequate security personnel etc.;

(b) installation of CCTV camera and other safety and security devices/equipments;

(c) arrangement of control rooms and alarm systems etc.;

(d) display of important informations addressing stake holders;

(e) evolving protocols as to the manner in which doctors, healthcare professionals, students etc. are to be protected/behaved; and

(f) any other matter which is required to be or may be prescribed under this Act.

To view the Amendment, click on the link below: 

https://medicaldialogues.in/pdf_upload/kerala-healthcare-service-act-amendment-210481.pdf

Also Read: Seven years of Jail if someone attacks Doctors in Kerala