Show No Laxity, Initiate Stringent Immediate Action Against Offenders: Kerala High Court Raps State Over Persistent Attacks On Health Workers

The Kerala High Court on Thursday strictly warned State that stringent action should be initiated against individuals who attack health care workers.  

Upon being informed that out of the 270 cases registered in this regard, investigation was carried out in only 28 of them, a Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath observed that the State was taking the matter lightly.

The Court also added that complaints to this effect should be acted upon immediately, without any delay. It further directed the DGP to see that investigation into all the registered cases was moving forward, at a reasonable pace. 

The petitioner argued that at this time when the Covid-19 pandemic is raging in Kerala, such attacks against the health care providers will make them extremely vulnerable, particularly when emergency rooms are handled by women during the night hours.

It was also submitted by the petitioner that the Police was not registering FIR or taking any action in the matter. 

The Additional Director General of Police had recently submitted a statement of facts in the review petition filed by the Kerala Private Hospitals Association reporting sporadic instances of parents and their bystanders attacking doctors, nurses and other health care providers in the State. 

The statement has been filed on behalf of the State Police Chief since the Kerala Police has been made one of the stakeholders in the petition. 

The statement also disclosed the submission of the petitioner pinpointing to certain instances involving women doctors and nurses and thereby apprehending that if this continued it might get difficult for the health sector to function properly. 

It was also admitted that such attacks would definitely undermine the morale and the courage of the health sector to continue its march against the pandemic. 

In the last hearing of the matter, the petitioner submitted that none of these provisions of the Kerala Health Care Service Persons and Health Care Services Institutions (Prevention of Violence and Damage to Property) Act were implemented effectively and that such offenders were allowed to scot-free.

However, in the statement, it was submitted that cases were registered under the Act as soon as violations were reported. 

The Additional DGP also informed the Court that he had instructed all District Police Chiefs to take strict legal actions in all instances of attacks on health service personnel.  

The matter will be taken up again on 22nd September. 

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