Attacks On Healthcare Professionals Will Reduce Only When Patients & Attendants Understand Severest Of Consequences Will Follow: Kerala High Court

The Kerala High Court on Friday directed the state government to publicize a circular issued by the State Police Chief (SPC) last month instructing all District Police Chiefs and Station House Officers to comply with the court order directing police to register the FIR within an hour of receiving the information about any attacks on doctors and other healthcare professionals.

The division bench of Justice Devan Ramachandran and Justice Kauser Edappagath said the circular be publicised through the news media or other appropriate methods. 

"This will ensure that citizens understand that any attack, howsoever small or big it may be, is unacceptable and will be visited with the severest of consequences under law. We are persuaded to this course because if the patients and their by-standers understand that [whatever] be the provocation that they may face, an attack on a healthcare professional will be treated with the severity as is required in law, the number of attacks will certainly come down". 

The Court had earlier directed the Police to take cognizance of attacks against the doctors and other healthcare professionals within an hour of receiving the information. The direction was issued after taking into consideration the increasing instances of attacks against doctors and healthcare professionals.

The Court today recorded its appreciation for the step taken by the SPC in coming out with the circular instructing all District Police Chiefs and Station House Officers to comply with the said directions implicitly. 

The Court also took note of the circulars issued by the government and Director of Education enumerating measures taken in furtherance of the observations and directions passed by the court in the case.  

"The Circulars are certainly a step in the right direction but will have to be followed up with concrete requirements in future, which we will certainly suggest as we go along with this matter," the Court said.

Advocate P. Sreekumar appearing on behalf of certain government doctors informed the court today that they intend to file impleading petitions since they are the ones on the frontline and always faced the brunt of the "disappointment and other excitable consequences" of the patients or their family members.

"We record with gratification that it is reported before us that not many incidents have happened after our order afore, and we believe that this is the way that the matter will have to be taken forward," the court noted in parting. 

The matter has been posted for further consideration on January 18, 2023. 

Case Title: Kerala Private Hospitals Association v. Advocate Sabu P. Joseph