Provide Security to all Hospitals to avert Violence Against doctors: Kerala HC directs Police
Kerala HC Observations on Granting Protection to Nurses in Medical Negligence Cases
Ernakulam: While considering the matter concerning violence against doctors, a Division bench of Kerala High Court at a special sitting today directed the State Police chief to evolve sufficient and effective protocols regarding the manner in which 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.
Apart from this, the HC Division bench of Justices Devan Ramachandran and Kauser Edappagath has also directed the SPC to place on record necessary requirements and protocols to ensure that effective security is provided in all hospitals so that any further incidents or attacks can be avoided.
"We remind the SPC, as we have already indited above, that it is the fundamental obligation of the police force, headed by him, to ensure that hospitals and the personnel who man them are adequately and sufficiently protected on a day-to-day basis, for the 24 - hour time frame," the bench observed.
The observation from the HC bench has come when yesterday Dr. Vandana Das was brutally stabbed to death with scissors at a government hospital in Kerala's Kollam district allegedly by a prisoner who was brought to the facility for a medical examination by the Police.
Five others, including the policeman, sustained injuries during the incident. The doctor was immediately taken to a private hospital in Kottarakkara, where she died while undergoing treatment. The incident took place at the government taluk hospital in Kottarakkara, police said.
Yesterday, during an urgent hearing of the matter, the Kerala High Court bench had said that the incident was an outcome of police and government failure and the court had sought a report regarding the incident from the State Police Chief who was also asked to be present virtually when was taken up Thursday morning.
Expressing its shock over the matter, the HC division bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath observed, "We are, like any other right thinking citizen, shocked and distraught by the tragic events and feel helpless for not having been able to ensure that Dr.Vandana Das lived a full life. The least we can do is to place on record our deep felt condolences to the family, friends, relatives, classmates and colleagues of Dr.Vandana Das and assure them that her sacrifice will not be forgotten easily."
Yesterday, the bench also issued several directions in connection with the death of Dr. Vandana. Court had directed to preserve the CCTV visuals of the rooms/places of occurrence of the incident. The bench also directed the Judicial First Class Magistrate-I, Kottarakkara to visit the Taluk Hospital, Kottarakkara and conduct an inspection of the scene of incident and report the same to the court.
"Every order that we have passed in this case, as also the provisions of the aforementioned 'Act', shall apply in its full force and warrant to every Intern, House Surgeon, Post Graduate student and other persons engaged in the Health Science Education, without any reservation; and all our orders shall be implemented in its letter and spirit as far as such sections are also concerned. We, however, leave liberty to Sri.S.Kannan – learned Senior Government Pleader, to seek any modification of this particular direction, if needed in future," the bench had also mentioned.
During the case hearing today, the court noted that the directions have been confirmed since the Senior Government Pleader Sri. S. Kannan said that no modifications were necessary especially because Section 2 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012, covers medical students, interns, house surgeons and every other person involved in the Health Sciences Education.
While the SPC and ADGP explained the matter concerning the death of Dr. Vandana in detail, the HC bench noted that "...we are not concerned about the same, as much as we are to ensure that no further attacks are caused on any Health-care professional in the future."
The bench was informed that the investigation into the death of Vandana Das is going on and accordingly, the Court directed the SPC to ensure that investigation is carried out in her name faithfully, truthfully and diligently. Responding to this, the SPC assured that every step in that regard will be taken.
Meanwhile, the ADGP confirmed that even though there are protocols with respect to the manner in which accused and other persons in custody of the Police are to be presented before medical professionals or in hospitals, they are not up to the mark at the present time and require modification.
At this outset, the bench observed,
"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."
"Obviously, therefore, protocols will have to be immediately evolved as to the manner in which doctors, healthcare professionals, students, interns, house surgeons and such others are to be protected because, otherwise, the faith in the system will surely erode," it further noted.
Therefore, the bench 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 we have already said in our earlier order, it would be apposite to reflect upon the protocols that are applicable in the case of the production of accused before a learned Magistrate. We must, however, say that even the protocols with respect to learned Magistrates are extremely lacking and it is only a matter of providential grace that we have yet to come across a situation where such an officer is attacked. The Police will have to certainly pull up their socks on a war-footing," further observed the bench.
Observing that "lack of protocols or inefficiency of the same, can never be impelled as a reason to justify another crime", the HC bench directed, for the time being, that every protocol applicable for production of the accused or persons in custody of the Police before the learned Magistrate shall apply in the case of the production of such persons in the hospitals or before the doctors or health care professionals concerned.
Addressing the issue of security in various hospitals and especially those in the Government Sector, the bench observed,
"...we have no doubt that it is the fundamental duty of the SPC to ensure such. In fact, he also agreed to this and submitted that he will place on record necessary requirements and protocols in this regard, including considering whether members of the State Industrial Security Force (SISF) can be deployed for such purposes."
"Of course, we have to give the SPC some time to consider all these aspects and inform us; but, in the meanwhile, we are constrained to ensure that effective security is provided in all hospitals in the manner as is legally possible, so as to avoid any further incidents or attacks. We remind the SPC, as we have already indited above, that it is the fundamental obligation of the police force, headed by him, to ensure that hospitals and the personnel who man them are adequately and sufficiently protected on a day-to-day basis, for the 24 - hour time frame," the bench mentioned in the order.
During the course of the hearing, Advocate Sri.Gopakumaran Nair intervened to say that Government has been assuring that an Ordinance will be brought to amend the 2012 Act appositely. Referring to this, he urged the court to issue direction to the Government to take action in this regard quickly. Further, he prayed to the court to direct Government for considering the appointment of a Special Prosecutor for trial of the case.
Responding to this, the Government counsel submitted that the requests will be considered by the Government with all seriousness and discussions are going on with all stakeholders regarding the concerned Ordinance and prayers will be submitted to the Court by the next date of hearing.
Meanwhile, Dr. Rajeev Joshi submitted that Government has not yet responded to certain IAs and taking note of this, the bench directed the Senior Government Pleader to look into the interim applications and submit the response by the next date of hearing.
Apart from this, the bench also allowed the Kerala University of Health Sciences (KUHS) to submit their suggestions regarding the Ordinance or the amendment before the Government.
Medical Dialogues had earlier reported that recently the State Government of Kerala has informed the High Court that the Government is proposing to amend the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012.
During the course of hearing of a plea filed by Kerala Private Hospitals Association, the HC bench had referred to the reports of 'routine' attacks on Healthcare personnel and observed that even though Kerala Healthcare Service Act 2012 has provision for strict penalties for assault against healthcare workers, the legal provision was not sufficient to stop the assaults.
Apart from this, taking note of the increasing number of attacks upon doctors, the HC bench had earlier directed the police authorities to ensure that a First Information Report (FIR) gets registered on every incident of violence within one hour. Besides, in a landmark move, the HC bench also decided to directly take cognizance of the complaints regarding violence against doctors, nurses or other healthcare professionals.
To read the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-violence-against-doctors-209473.pdf
