Unwarranted FIRs by patients' kin: Maha Govt decides against constituting special cell to protect doctors

According to the PIL, Maharashtra witnesses the maximum number of such instances of violence, and the state government had failed to implement the existing legal provisions, including the Maharashtra Medicare Service, Persons and Medicare Institutions (Prevention of violence and damage or loss of property) Act, to curb such instances.

The plea further claimed there were frequent cases of medical negligence registered against doctors at the behest of relatives of patients, who were unhappy with the treatment protocol provided by a doctor.

Kumbhakoni, however, said the Maharashtra director general of police was of the opinion that there was no need to have a separate cell for the same.

'The police department has brought to my notice a GR issued way back in March 2010. This GR provides for an expert panel in every district,' Kumbhakoni said, adding that the DGP was of the view that there was no need for a separate cell.

To this, the High Court asked if the GR had indeed been implemented and if functional committees existed in every district in the state.

The AG then said he will check if such committees were functional, and added that the state government will consider amending the existing legislation to provide a safer environment for doctors.

'You (state) can enhance the existing laws. If you are concerned with the subjects you govern, you have to take proactive steps,' the High Court said.

'We leave it to the wisdom of the state government. Let it take a final call on the issue,' the bench said. 

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