Citizenry Should Behave In A Civilized Manner: Kerala High Court Calls For Stringent Action Against Attacks On Medical Workers

While coming down heavily on the increasing number of attacks on medical personnel in the State, the Kerala High Court on Thursday directed the State government to take all possible steps to provide adequate protection to those manning the healthcare system.

Calling for stringent measures against the same, the Court has also directed the State and other stakeholders including the District Collector and the Superintendent of Police to take immediate action on such complaints to ensure that these incidents do not take place in the future.

A Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath observed that unless health workers including the doctors and nurses are allowed to function peacefully, it would be impossible "to rein in the deleterious consequences of the pandemic and other related diseases".

Accordingly, a direction was issued to the State to inform the citizenry to behave in a civilized manner towards the front line health workers including doctors and nurses. 

These directions were issued while hearing a review petition filed by the Kerala Private Hospitals Association seeking consideration of the order capping the charges imposed on private hospitals in providing Covid-19 treatment.

The Court in this regard noted that a certain private hospital, the name of which was not disclosed during the hearing, was deviating from the charge agreed upon by an earlier Order of the Court. 

It was accordingly directed that the Association must warn the said hospital of serious consequences if they continued to deviate from the same. 

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

It was submitted that if such attacks continued, it could get very difficult for the healthcare system to function properly.

The Bench thus expressed its strong disapproval against people entering hospitals in an inebriated state and thereafter attacking the medical staff, particularly the female doctors. 

The Court observed that such incidents would undermine the morale and confidence of the healthcare workers to continue the march against the pandemic, particularly when the State was seeing a surge in Covid-19 cases.

While considering the matter, the Bench inquired if there were any schemes or policies in force to safeguard medical professionals. 

To this, the Government Pleader responded that the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act provides stringent punishments for people indulging in attacks on healthcare workers and institutions. It was added that there are provisions to charge such offenders with a non-bailable offence as well. 

However, the petitioner submitted that none of these provisions were implemented effectively and that such offenders were allowed to scot-free.  

Accordingly, the Court ordered the State to ensure the protection of every stakeholder in the healthcare system. 

The matter will be taken up after two weeks on 9th September. 

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