Consider Placing Hospitals Under Police Protection: Kerala High Court To State Over Increasing Attacks On Medical Personnel

Stating that reports of attacks on healthcare persons has became a 'routine', the Kerala High Court on Thursday asked the State government to consider its suggestion of placing police presence in hospitals, at least in the most sensitive areas for now, which can later be extended to other places in due time.

A Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath also said that while statutory provisions provide for stringent penalties, this does not seem to be a sufficient deterrent for the assailants. 

"No doubt, the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 provide for very stringent provisions and punishment. However, as the present case demonstrates, it is not always the best deterrent. We, therefore, have to think about placing hospitals, particularly in remote areas, under police protectional cover, more in the evenings and nights, so that the doctors and nurses can work without apprehension."

The Court was adjudicating upon a recently reported attack on a nurse and doctor at the Neendakara Taluk Hospital. While expressing concern over the same, the Bench opined that it has constantly been directing that every measure should be taken to avert such incidents, rather than ex post facto investigation and punishment.

"Of course, when incidents happen, consequences have to follow, but unless stringent stipulations are made, such unfortunate events are likely to occur with regularity which we cannot countenance."

It was also emphasised that the country has not yet recovered entirely from the pandemic and that the healthcare system had to remain alert and efficient: 

"Covid has not yet gone - it is still amongst us. The nature and manner of the pandemic may have changed but its effects on citizens, particularly in the post-Covid scenario and complications therefrom are as serious as afore and can ill-afford any complacency. Our health system, therefore, has to be still at the peak efficiency levels because waves of the disease can strike without notice. "

In September 2021, the Bench had recorded certain steps suggested by the Government. In this regard, Senior Government Pleader S. Kannan informed the Court that security personnel had been deployed even in the said hospital in question but that he was also attacked. 

Senior Advocate S. Gopakumaran Nair assisted by Standing Counsel Sooraj Elanjikkal appearing for Indian Medical Association submitted that the medical and para-medical staff of every hospital - be it private or Government - were working with the constant apprehension of such attacks, especially when the atmosphere becomes surcharged and heated on account of the pressure of work. 

Illustratively, they submitted that the nurse involved in these cases was a lady who was taken completely by surprise by some people barged into the hospital and launched an attack on her and the doctor. The Court expressed its concern over the fact that it does not appear to have happened on the spur of the moment while clarifying that this was not a reflection upon the incident per se, since the criminal investigation is ongoing.

"This Court certainly required measures to be suggested by the stakeholders as to how the hospitals will have to be protected. Apart from the measures that have already been recorded by this Court in September 2021, we direct the competent Authorities to devise a plan of action so as to avert such incidents in future, rather than launch an investigation after it happens." 

It also took notice of the inputs received from the Bar that sometimes healthcare personnel perhaps on account of their pressure don't treat their patients and bystanders with empathy and directed the Associations including the IMA to ponder upon the same.

The Bench nevertheless asked the State to make available the information about the number of posts of security personnel in hospitals and Police Aid Posts which have already been sanctioned. It was also called upon to answer if police presence, at least in the most sensitive areas, can be put in place at the first instance and then extended to other places in due time.

"The intent of the court is to make sure that the healthcare personnel is able to function in the most efficient manner, without any extraneous pressure being brought upon them and we are certain that the Government will also rise to the occasion in addressing the afore request."

The Court further asked the State to revert on whether the present situation of allowing everybody to rush into hospitals without any barrier can be controlled, except for patients and their immediate bystanders/helpers so that the healthcare workers will not be put under unnecessary pressure on account of the crowd often created. 

The matter will be taken up on 22 July for further consideration. 

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