Report Violence Against Doctors directly to court: Kerala HC to HCPs
Kerala High Court
Ernakulam: In a landmark move, the Kerala High Court bench has decided to directly take cognizance of the complaints regarding violence against doctors, nurses or other healthcare professionals.
Leaving liberty to the parties to notify the court about such instances of violence against medical professonals, the HC bench comprising Justices Devan Ramachandran and Dr. Kauser Edappagath has also clarified in the order that it "will not shy from taking cognizance of such instances and to monitor investigation/action as are warranted against them."
These observations were made by the bench while it was considering a plea filed by Kerala Private Hospitals Association. Last year, the HC bench had 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.
Such observations had come from the High Court bench while it was considering a case related to the an attack on a nurse and a doctor at Neendakara Taluk Hospital.
Medical Dialogues had earlier reported that while considering the matter, the High Court 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.
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.
Suo Motu impleading the State Police Chief, the bench of Justice Devan Ramachandran and Justice Kauser Edappagath had observed, "as a first step, in addition to the earlier directions, we are of the firm view that every incident of attack on a Doctor or a Healthcare Professional, including any other staff of the Hospital - be that Security or other - will have to be taken cognizance of by the Station House Officer of the concerned Police Station not later than one hour from the time on which it is reported to him."
"This can be under the Special Law applicable, or under the Indian Penal Code; but an FIR will be need to be registered within the afore time frame, which alone will ensure that the perpetrator/s understands that action is swift and quick," the bench had mentioned in the order.
Recently, while considering the matter, the HC bench termed the attack on a Doctor/Nurse/Healthcare Personnel as an "anathema to every tenet of civilization."
Taking note of the fact that due to the constant monitoring of the HC, the number of attacks around the State of Kerala has come down drastically, the bench observed, "However, our effort is not over; and this case is, certainly, a work in progress."
It was suggested by Senior Counsel Sri.Gopakumaran Nair and other learned counsel for the parties, that the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 required amendments to make it au courant with the present requirements.
Impleading itself as a party in the case, the Medico-Legal Society of India also submitted its suggestions. Appearing on behalf of the Medico-Legal Society, Dr. Rajiv Joshi thanked the bench for appreciating the problems faced by the doctors and taking initiative for protecting them.
Thereafter, expressing its wish to assist the court, Dr Joshi for the Society informed the bench that they have done research on the matter of violence and have compared Acts of 19 States attached to the plea.
Referring to the situation in Maharashtra, Dr Joshi further submitted that among the huge number of 1318 attackers, only 4 had been convicted in the State.
Responding to this, the Court pointed out that the situation is much better in Kerala. Thereafter, Dr. Joshi referred to two clauses of the Epidemic Diseases Act and argued that presumption of offence and presumption of guilty mind were essential in non pandemic situation so that accused will not get benefit of spur of moment clauses in IPC.
At this point, the bench directed him to submit the suggestions to the State Government of Kerala and they should consider the same. The bench also clarified that the legislature can amend the Act and not the court.
After considering the suggestions submitted by Dr Joshi, the bench asked him to submit the suggestions to Kerala Government in 2 weeks and also observed that the State should compile all the suggestions and come back with report in next two weeks.
"We are certain that the Government must keep their ears open to every suggestion because, this litigation, as we always say, is not adversarial in any manner whatsoever. We are pleased that Sri.S.Kannan – learned Senior Government Pleader, also affirmed this," the bench noted.
"In such scenario, we allow all parties to make their suggestions with respect to amendments/modifications to the Act in question, within a period of two weeks from today; in which event, the Government will hear all of them and take a final decision, comprehensively evaluating all such inputs and inform this Court by the next posting date," it further noted.
At this point, the bench also took note of the fact that Senior Government Pleader, Sri. S. Kannan has informed the bench that several suggestions made by the Indian Medical Association (IMA) and other stakeholders, have been taken into account and necessary action had been initiated. It was further noted by the court that the Government counsel has offered to place on record a report of the same by the next posting date.
Finally, the bench directed all the parties to report about the instances of violence against doctors directly to the High Court. In this regard, the bench pronounced in the order,
"We close this order, leaving liberty to any of the parties to bring to the notice of this Court any act of violence against Doctor/Nurse/Healthcare Personnel in any part of the State in future; and make it clear that we will not shy from taking cognizance of such instances and to monitor investigation/action as are warranted against them."
The matter has been listed for further hearing on February 16, 2023.
To read the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-violence-against-doctors-199762.pdf
Also Read: Deploy police at Hospitals to prevent Violence against Doctors: Kerala HC advice to Govt
