Medical Interns, PG Students Should Be Protected: Kerala High Court Issues Preliminary Directions After Fatal Attack On Woman Doctor In Kollam

The Kerala High Court has ordered that medical interns, house surgeons and post-graduate medical students should also be provided protection under the provisions of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

The Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath issued this preliminary direction in a special sitting convened today in light of the tragic death of a young house surgeon who was stabbed to death by a patient who was in police custody. The matter was heard in the ongoing case relating to frequent attacks against doctors and healthcare staff.

Standing Counsel of the Kerala University of Health Sciences (KUHS) P. Sreekumar informed the bench that the student community felt unsure and unsafe to work as interns and house surgeons in govt. hospitals, following today's tragic incident. He thus submitted that "...unless Orders were issued by the Court to assuage their apprehensions, things may take a turn for the worst in the days to come particularly because the students are already on a path of strike".

Following which, the Court ordered,

"Every Order passed in this case, as also the provisions of the aforementioned Act shall apply in full force to every intern, house surgeon, PG Students, and every other person engaged in the medical education field without any reservation, and all Orders shall be implemented in its letter and spirit as far such sections are also concerned". 

However, since the direction is issued without granting time to Senior Government Pleader S. Kannan to obtain instructions, Court said State would be at liberty to seek modification of the aforementioned direction. However, it is made clear that till such time, adequate protection would be provided to the interns, house surgeons, and other medical professionals.

Other preliminary directions include:

Firstly, the Superintendent of the Taluk Hospital was directed to personally ensure the preservation of the CCTV visuals of the rooms/places of occurrence of the incident that led to the death of the victim. The Court added in this light that the Superintendent would be held responsible if it was not done; 

Secondly, the JFCM, Kottarakkara was requested to visit the hospital and conduct physical inspection of the scene of incident and report the same to the Court the next day. 

Apart from these, the State Police Chief was also directed to submit the report on the incident by the next day.

Further, the Senior Government Pleader was requested to get instructions on whether similar protocols as were being followed when an accused is produced before a Magistrate, could also apply when an accused is produced before doctors for examination. 

In light of increasing attacks on medicos and hospital workers by patients' families, the Court had earlier directed that an FIR had to be registered within an hour of receiving the information regarding an attack against healthcare professionals. It had also made clear that the same had to be publicized through the news media or other appropriate methods, so as to ensure that the citizens would understand that any attack, howsoever big or small, would be visited with the severest of consequences under law.

The Court had also asked the government to come out with suggestions, including on legislative intervention, to curtail the attacks on medical personnel, pursuant to which it had been informed by the government that a move to amend the Act, 2012 was being considered.

The Court convened a special sitting today in light of the tragic death of the 23-year-old house surgeon, Dr. Vandana Das, who was allegedly stabbed multiple times by the attacker, Sandeep, who is a school teacher. The attacker who was in police custody, was brought to the Kottarakkara Taluk Hospital for treatment of his injuries, when he proceeded to stab the victim with dressing room scissors.

Expressing shock over the incident and Police's failure to protect a young girl, the Court orally remarked that if doctors cannot not be protected, hospitals should be shut down.

"Policing is to understand and anticipate the unanticipated. We don't need you otherwise. Should it not be your first and foremost responsibility to ensure there is no violation of law?" the Court questioned today. The Court also pondered as to why the protocol followed for presenting accused before Magistrates was not similarly followed while presenting them before doctors, adding that, "...in our view they (doctors) are (important). They turn the wheels of the justice system".

Case Title: Kerala Private Hospitals Association v. State of Kerala & Ors.