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

Published On 2022-06-25 12:04 GMT | Update On 2022-06-25 12:04 GMT

Kochi: Referring to the reports of 'routine' attacks on Healthcare personnel, the Kerala High Court on Thursday 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.Although the bench observed that Kerala Healthcare Service Act 2012 has provision for strict penalties for assault...

Kochi: Referring to the reports of 'routine' attacks on Healthcare personnel, the Kerala High Court on Thursday 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.

Although the bench observed that Kerala Healthcare Service Act 2012 has provision for strict penalties for assault against healthcare workers, it opined that the legal provision was not sufficient to stop the assaults.

Therefore, the HC Division bench comprising of Justice Devan Ramachandran and Justice Kauser Edappagath noted, "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."

"Covid has not yet gone - it is still amongst us. The nature and manner of the pandemic may have changed but its effects on citizens, particularly in the post-Covid scenario and complications therefrom are as serious as afore and can ill-afford any complacency. Our health system, therefore, has to be still at the peak efficiency levels because waves of the disease can strike without notice," the bench further observed.

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

Medical Dialogues had recently reported that three persons had been arrested for attacking the medical staff of Neendakara Taluk Hospital in Kollam District. In the concerned incident, those people had allegedly attacked a doctor, security staff, and ambulance driver of Taluk hospital in Kollam with iron rods, due to which the nurse was admitted to a medical college as she sustained injuries to her scalp.

Also Read: Kerala: Three held for attacking doctor, medical staff in Neendakara hospital

Kerala Government Medical Officers Association (KGMOA) claimed that all this happened without any good reason as they were agitated because of the case lodged against them for their abusive threatening to the medical staff, two days ago.

It should be mentioned in this context that on Sunday, the accused had taken their mother to the hospital where they were asked to wear a face mask and a huge gathering was restricted.

When the matter reached the High Court bench, the bench took note of the submission of Senior Government pleader, who claimed that security personnel had been deployed in the Taluk Hospital in question. However, the Government counsel informed the court that the security personnel also had been attacked.

On the other hand, Senior Advocate S. Gopakumaran Nair assisted by Standing Counsel Sooraj Elanjikkal, who represented the Indian Medical Association informed the court about the present scenario, where the medical and para-medical staff belonging to Government or Private Hospitals were working under the fear of being attacked, especially when the atmosphere gets overwhelming because of the excess pressure of work.

They further submitted before the court that the nurse involved in these cases was a lady, who got surprised when some people barged into the hospital and attacked her and the doctor.

After taking note of the submissions, the bench expressed its worries over the fact that the situation does not seem to happen on the spur of the moment. However, the bench clarified that the observation was not a reflection upon the incident, since the matter is being probed.

However, expressing concern over the situation, the bench observed that instead of ex post facto probe and punishment, it has always been directing how measures can be taken for avoiding such incidents.

"Of course, when incidents happen, consequences have to follow, but unless stringent stipulations are made, such unfortunate events are likely to occur with regularity which we cannot countenance," noted the bench.

"This Court certainly required measures to be suggested by the stakeholders as to how the hospitals will have to be protected. Apart from the measures that have already been recorded by this Court in September 2021, we direct the competent Authorities to devise a plan of action so as to avert such incidents in future, rather than launch an investigation after it happens," the bench was quoted noting by Live Law.

At this outset, the bench also took note of the submissions from the Bar about the fact that as a result of the work pressure, sometimes, the healthcare personnel don't treat their patients and bystanders with empathy. Taking note of the same, the bench directed the Associations including IMA to consider the same.

Finally, the bench directed the State to submit information about the number of security personnel deployed in the hospitals and also about the sanctioned Police Aid Posts. It also asked the Government to inform if it can arrange for police presence, at least in the most sensitive areas for now and then extend the same to other places over time.

"The intent of the court is to make sure that the healthcare personnel is able to function in the most efficient manner, without any extraneous pressure being brought upon them and we are certain that the Government will also rise to the occasion in addressing the afore request," the bench noted at this outset.

Apart from this, the bench also directed the State to inform it can control the present practice of allowing everybody to rush into hospitals without any barrier, except only for the patients and their immediate bystanders. This reducing of the crowd would help decreasing the pressure on the healthcare workers, opined the bench.

The matter would be heard next on July 22.

Also Read: Every harm, intimidation, obstruction or hindrance to Healthcare professionals is Violence: Kerala HC

Article Source : with inputs from Live Law

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Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

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

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