Rs 1 crore compensation sought for Dr Vandana Das's family: Kerala HC Issues Notice to State
Kochi: While considering a lawyer's plea seeking Rs 1 crore compensation to the family of Dr Vandana Das, who died after being stabbed by a patient, the Kerala High Court on Monday issued notice to the State Government authorities.
The High Court bench comprising Acting Chief Justice S.V Bhatti and Justice Basant Balaji tagged the case with the connected matter while observing that the reason for not dismissing the plea despite the fact that the petitioner was a stranger was the fact that the mother of the petitioner was also a doctor.
It was orally observed by the bench, "The circumstance that is dissuading us from dismissing your case is the petitioner's mother is also a doctor. This.. we appreciate. We will tag this with the connected matter."
Medical Dialogues had earlier reported that a lawyer had approached the HC bench comprising Justices P.B. Suresh Kumar and P.G. Ajithkumar seeking Rs 1 Crore compensation for the bereaved family members of the late Dr. Vandana Das, who was stabbed to death.
The 23-year-old house surgeon, Dr Das was attacked by a prisoner who was brought to government taluk hospital in Kottarakkara in Kerala's Kollam district for treatment of his injuries. After being stabbed by the patient with scissors, Dr. Das was immediately taken to a private hospital in Kottarakkara, where she died while undergoing treatment.
It has been contended by the petitioner that the tragedy had happened due to systematic failure. Further, the petitioner pointed out how the Government has not announced any compensation for the bereaved family of the deceased doctor.
"Dr. Vandana Das was the only daughter and her death cannot be compensated in terms of money. The doctor's community across the State has been frequently demanding the Government to provide necessary security to doctors in the Hospitals. The physical attack towards doctors has been increasing day by day," the plea mentioned.
Filing the plea, the petitioner has prayed for a direction to the State Government authorities for paying a minimum of Rs 1 crore compensation to the family of the late doctor. He has also prayed to the court for monitoring the investigation in order to ensure that ends of justice are met. Further, the plea prays for issuance of guidelines for providing security to the doctors, nurses, and other staff in Hospitals across the State, along with the provision of armed forces in all casualties of all Government Hospitals across the State.
Also Read: Dr Vandana Das Death: Lawyer moves HC seeking Rs 1 crore compensation for Doctor's Family
As per the latest media report by Live Law, while considering the matter today, the HC bench observed that for a plea seeking compensation, the locus standi is important. The bench observed, "The case is already taken by this Court...Compensation is not for us to see, as a society. You're completely a stranger to the case."
When the bench inquired the petitioner as to whether he knew about the economic standing of the family of the deceased doctor, the counsel for the petitioner submitted that an enquiry had been made, however, the government's stand in this regard had to be ascertained. Further, the petitioner's counsel submitted that the family of the deceased girl demanded compensation. Taking note of this, the bench decided to tag the matter with connected issues.
Medical Dialogues had earlier reported that while considering a similar matter concerning the instances of violence against doctors and also taking cognisance of the unfortunate demise of Dr Vandana Das, the Kerala HC Division bench of Justices Devan Ramachandran and Kauser Edappagath had earlier issued certain directions.
The bench had directed the SPC to evolve sufficient and effective protocols concerning how persons in custody – be that accused or otherwise – are to be presented in hospitals and before medical professionals as part of the criminal justice system or such other.
"As far as the incident in question is concerned, there can be little doubt that the killing of a young doctor by a person who was in custody of the police — be that as an accused or in any other capacity — points at a systemic failure. The Police Officers above were also ad idem that it is the fundamental duty of any officer to guard a citizen, even at the cost of their own lives. The preliminary information that we have, which is gathered from the statements filed on behalf of SPC and others, is that, for some reason, Vandana Das was alone in the observation room at the particular point of time, which opportunity was seized by the accused to repeatedly stab her. This is a gruesome incident, which, as we have already said in our earlier order, should have never happened," the HC bench had earlier observed.
Meanwhile, taking note of the continuous violence against doctors following the unfortunate demise of Dr Vandana Das, the Kerala Government has approved an ordinance aimed at protecting doctors, healthcare workers, and medical students.
The Government ordinance which proposed amendments 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.
Also Read: 7 years of jail if someone attacks doctors in Kerala
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