Rs 25 Lakh Compensation Sanctioned to Family of late Dr Vandana Das by Kerala Govt
Ernakulam: The Kerala High Court on Thursday was informed by the State Government that an amount of Rs 25 lakh compensation has been sanctioned to be paid to the family members of the late Dr. Vandana Das, who was brutally stabbed to death by a patient.
Recording the submission of the State, the HC bench of Justice Devan Ramachandran and Justice Kauser Edappagath also opined that the adequacy of the amount of compensation is not within the purview of the court.
"We must record upfront that the locus of the petitioner to maintain this case is debatable, but we choose not to answer it because Sri.S.Kannan - learned Senior Government Pleader, handed over across the Bar an order of the Government dated 02.06.2023, sanctioning an amount of Rs.25,00,000/- to the parents of late Vandana Das," the bench noted.
"The adequacy of the amounts now ordered by the Government is not something that is within the purview of our competence to adjudicate; and in any event, it is an issue that is fully within the directions of the Government. They have chosen to exercise it as afore said," it further observed.
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.
Also Read: Dr Vandana Das Death: Lawyer moves HC seeking Rs 1 crore compensation for Doctor's Family
Medical Dialogues had earlier reported that a lawyer had approached the HC bench seeking Rs 1 Crore compensation for the bereaved family members of the late doctor.
Approaching the High Court Division Bench comprising Justices P.B. Suresh Kumar and P.G. Ajithkumar, the lawyer contended the tragedy happened due to systemic failure. Further, the petitioner pointed out how the Government has not announced any compensation for the bereaved family of the deceased doctor.
It was further submitted by the petitioner that while the State had earlier given "fabulous amounts" to the families who sustained similar losses, he has been pained by the non-consideration in the case of Dr. Das.
Recently, the Kerala Government decided to Rs 25 lakh as compensation to the family of Dr Vandana Das. The decision in this regard was taken at a cabinet meeting chaired by Kerala Chief Minister Pinarayi Vijayan. It was decided that Dr. Das’ family would be given compensation from the Chief Minister’s Relief Fund.
Now, the State has informed the Kerala HC bench about this decision and taking note of the same the bench clarified that the sufficiency of the amount of compensation is not within the domain of the court.
Sri.C.Rajendran, counsel for the petitioner, submitted that since the Government has offered an exgratia payment to the victims of other incidents, the refusal to do so favouring the family of late Vandana Das is inequitable and unconscionable. He alleged that the safety of doctors and healthcare professionals in our State is still lacking in many aspects; and thus that the intervention of this Court is necessary.
Referring to the issue, the HC bench observed, "As far as the other reliefs in this writ petition are concerned, we already seized of it in the connected matters, and do not think that any orders are necessary in this writ petition qua the same."
"In the afore circumstances, recording that the Government has issued an order bearing G.O.(Ms) No.124/2023/RD dated 02.06.2023, we close this writ petition without any further orders," it further noted.
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 approved an ordinance aimed at protecting doctors, healthcare workers, and medical students and the ordinance has also been published on the official gazette.
In the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Ordinance, 2023, the State 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.
To view the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-dr-vandana-das-211950.pd
Also Read: Ordinance for safety of doctors comes into force in Kerala, Check out gazette details
