Attacks On Health Workers: Kerala High Court Records Appreciation For Police Over Swift Action

The Kerala High Court has appreciated the Police for taking swift action in the matter where a temporary nursing assistant was assaulted on her way back from duty after dark. 

A division bench comprising Justices Devan Ramachandran and Kauser Edappagath appreciated the efforts taken by the police force in the matter:

"We are certainly pleased that swift action has been taken by the police in this regard and we also commented them for a thorough search and apprehension of the accused, since going by the report, leads that pointed to them were minimal."

This comes after Government Pleader S Kannan informed the Court that the persons who had assaulted the temporary nursing assistant on 20th September has been apprehended. The report of the Deputy Superintendent of Police was also paced on record in the matter. 

However, the Court emphasised that the police has to stay alert to prevent such incidents in the future. 

"That said, even though this was an isolated incident, chances of such occurring in the future cannot be fully discounted. It is here that our suggestion with respect to the steps taken by the police assume relevance, particularly when our Covid warriors, especially the ladies travel alone and unaccompanied at odd hours on account of their call of duty." 

Advocate K. Anand, appearing for the petitioner submitted that the intervention o the Court had bettered the situation and that attacks on doctors and nursing staff have not been reported thereafter. 

Taking note of the same, the Court deemed it appropriate to keep the matter pending a little longer to supervise and oversee the situation. The Bench has earlier directed the State to take all possible steps to provide adequate protection to those manning the healthcare system.

The said observations were recorded in the interim order passed in a plea where the Kerala Private Hospitals Association had sought consideration of an order capping the charges imposed on private hospitals in providing Covid-19 treatment. 

During the proceedings, the counsel for the Hospitals Association and Indian Medical Association(IMA) had brought to the notice of the Court the escalating instances of attacks on doctors and nurses in the State by the patients and bystanders. 

Parallelly, the Court also looked into the issue of the government's move to charge for post-Covid treatment up to one month for people belonging to the APL category.

In this regard, although the Court chose not to speak of it in the order since certain deliberations were due, it opined that it did not approve the stand of the State. 

"...prima facie, we cannot immediately approve the stand of the government that persons above the poverty line can be charged for post COVID complications up to a period of one month from the date on which they turn negative for more reasons than one. For the first, as per the present guidelines, even when a death occurs within the afore time frame, it is treated as a COVID death. For the second, we do not have to remind the Government that not everyone above the poverty line is rich or can afford room rent o RS. 750/- and above per day."

The matter has been adjourned to be called on 27th October. The State has been directed to bestow its attention to the said aspects, particularly in the background of severe disruption caused by the pandemic for the last more than one and a half years, which has derailed the slices of most people, both economically and otherwise. 

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