'Law Already In Place' : Supreme Court Refuses To Entertain Plea To Prevent Violence Against Doctors

The Supreme Court on Friday (July 12) refused to entertain a petition which sought directions to prevent acts of violence against doctors, observing that laws are already in place to deal with such instances.

The Court clarified that the petitioners are at liberty to approach the concerned courts in respect of particular instances of violece. 

A bench comprising Justices Sanjiv Khanna, Sanjay Karol and Sanjeev Kumar was hearing a writ petition filed by the Delhi Medical Association. Senior Advocate Vijay Hansaria, appearing for the petitioner, submitted that instances of violence are recurring against doctors.

However, Justice Khanna said that laws are already existing to address the issue.

"I went to the hospital recently, I saw placards placed there saying violence against doctors is a serious offence," Justice Khanna said. Hansaria said that the concern was about taking preventive measures. "We cannot direct legislation," Justice Khanna said.

When Justice Khanna said that "every hospital and casualty has a police officer", Hansaria replied that it was not the situation in all hospitals, especially those situated in rural areas.

"The law is already in place, anybody who indulges in violence has to be treated as per the IPC. The only question is of implementation," Justice Khanna said.

Refusing to entertain the petition, the bench dictated the order as follows :

"We are not inclined to entertain the petition. In case any difficulty in any particular case arises, the petition association  of doctors can take up the said cause and issue before the competent court."

The petition, filed in 2021, sought the protection of medical professionals/ healthcare workers who are often assaulted and lynched by the dissatisfied family members of the patients.

The petition stated that at present, there was no substantial central legislation for the protection of medical professionals, etc. 

The plea therefore seeks guidelines to have a 24X7 security system in place to ensure safe working environment for the said category of persons. In this regard it is suggested that the health department of every State Government may develop a distress alert software though which the vulnerable medical professionals can send SOS signal to the nearest Police stations.

The petition was filed through AoR Sneha Kalita.

Case Title : Delhi Medical Association v. Union of India | W.P.(C) No. 725/2021

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