Indian Medical Association(Dwarka) Moves Supreme Court Seeking Guidelines To Protect Doctors From Attacks By Patients' Families

In the backdrop of recent death of a practicing doctor by suicide in Rajasthan allegedly due to harassment by a patient's family, the Indian Medical Association(Dwarka) has moved the Supreme Court seeking directions for issuance of guidelines for protection of doctors who are regularly falling victim of physical assault at the slightest suspicion over treatment of the patients.

The PIL has also sought directions for evolving a mechanism to compensate the family and dependents of such deceased doctors who lost their lives to the cause of public service.

Further directions have been sought for issuance of comprehensive guidelines for establishment of digitally equipped medico-legal cell in all police stations across the country to handle the cases of medical negligence.

The petition filed through Advocate Shashank Deo Sudhi has also sought constitution of a CBI enquiry into the circumstances which led to the death of young gynecologist doctor from Rajasthan by suicide.

The petitioner has argued that the deceased doctor has fallen victim of harassment by the local politicians through the relatives of deceased patients as well as the police who had booked both the deceased and her husband under section 302 of IPC 1860.

The petitioner has submitted that it has recently also written to the Prime Minister of India requesting to bring in some guidelines for the full proof protection of treating doctors but no concreate step on the said issue has been taken as yet.

While seeking CBI inquiry into the doctor's death, the petitioner has argued that the state police has become accomplice to the whole incident and played active role in torturing the deceased doctor and her family. Therefore, the independence of investigation cannot be expected from the state police.

According to the petitioner while such incidents are quite common across the country and there is no regulations/policies/guidelines on prevention of the such unfortunate incidents and large number of doctors are becoming deceased on account of unprotected atmosphere of profession.

Case Title: Indian Medical Association Dwarka vs Union of India & Ors