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Every harm, intimidation, obstruction or hindrance to Healthcare professionals is Violence: Kerala HC
![Every harm, intimidation, obstruction or hindrance to Healthcare professionals is Violence: Kerala HC Every harm, intimidation, obstruction or hindrance to Healthcare professionals is Violence: Kerala HC](https://medicaldialogues.in/h-upload/2020/09/14/750x450_134501-127608-stop-violence-against-doctors.webp)
Ernakulam: Observing that even an act of intimidation or obstruction or hindrance to a healthcare service person is a non-bailable offence under the Kerala Healthcare Service Persons and Healthcare Service Institutions Act 2012 (Healthcare Act), the Kerala High Court recently denied granting anticipatory bail to a person who allegedly restrained a doctor from performing her duty.
The "No" from the High Court bench comprising of Justice Bechu Kurian Thomas came as it opined that granting anticipatory bail to a person booked for committing an offence under Healthcare Act would send wrong message to public.
Further referring to the increasing instances of violence against doctors in the last decade, the bench noted, "Attacks against doctors and medical institutions have been on an unprecedented rise in the last decade and a half. Mindful of the pernicious effect of such attacks, Kerala became the pioneer in enacting a law on violence against doctors."
"The Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (for short 'the Healthcare Act') was enacted to curb the evil of such violence. The definition of the word 'violence' in the statute is clearly indicative of the purpose behind the Act. The preamble to the aforementioned Act states that it is enacted to prohibit violence against healthcare service persons and to prevent damage and loss to property in healthcare service institutions," it added.
Dismissing the bail application, the bench remarked, "In this context this Court bears in mind that, by granting pre-arrest bail in a non-bailable offence, the court is in effect, converting a non-bailable offence into a bailable offence."
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The bench was considering the bail application of a 23-year-old man, who allegedly wrongfully restrained a doctor on 12.04.2022 and threatened her while she was on her way from the doctor's room to the casualty of the hospital, thereby causing obstruction to her official duty and committing the offences under sections 341, 353 and 506 of the Indian Penal Code, 1860 and section 3 and 4(1) of the Healthcare Act.
"Thus, every harm, intimidation, obstruction or hindrance to a healthcare service person, in discharge of duty is treated as violence. Section 3 of the Healthcare Act prohibits violence against healthcare service persons and is made non-bailable as per section 4(4) of the Act. The intention of the legislature is unambiguous."
"Any act of intimidation or obstruction or hindrance to a healthcare service person must be curbed. The salutary objective behind the Healthcare Act and the wide meaning ascribed to the word violence, cannot be ignored while considering an application for pre-arrest bail," it further added.
"The legislative intent is manifest from the definition of the word 'violence' and the offence having been made non-bailable. The statute regards even an obstruction or hindrance, if committed on a healthcare person as a grave offence. Thus, it cannot be held that absence of an assault on the doctor entails a person accused of an offence under the Healthcare Act to be released on pre-arrest bail."
"A physician with trepidation, a surgeon with trembling hands and a disquiet nurse can lead to wrong diagnosis, failed surgeries and improper nursing care. Life of several patients could fall into peril. Consequently, the public at large can become prejudiced. If the Act is to achieve its purpose, Courts must bear in mind the wide definition of the term 'violence', which is nestled under the umbrella of a non-bailable offence."
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.