INTRODUCTION
Since the worldwide pandemic of Covid-19 has emerged, the frontline healthcare workers like doctors and nurse have played a vital role in curbing the deadly effect of the virus. They have been working restlessly to save lives of the people. During the peak of Covid- 19 cases in India, healthcare workers were performing their duties selflessly. In spite of the danger to their own lives, they did not give up to lose the lives of millions of people to this virus. However, it is disheartening to notice that people, instead of being grateful and thankful to the doctors and nurses, have an unwelcoming behavior towards them.
During the pandemic, there have been a large number of incidents when the healthcare workers are abused, physically or verbally, by the patients or their relatives. Many videos have surfaced online from different areas where we can see that healthcare workers are assaulted, abused, beaten up or even stone pelted at by the people. These heart-wrenching incidents have made the High Court of Kerala concerned about the safety and dignity of healthcare workers.
It expressed its concern over the increasing incidents of attacks on healthcare workers and directed the state government to make the public aware that such attacks will attract strict penal consequences. The Division bench of Kerala High Court, comprising of Justices Devan Ramachandran and Kauser Edappagath, issued these directions while hearing the review petition of the Kerala Private Hospitals Association (RP No. 379/2021) regarding the COVID-19 treatment charges in private hospitals as fixed by the state government. The bench directed the state government to take immediate preventive actions such as installation of CCTVs in every to avert the intimidation of healthcare workers.
During the proceedings, the Additional Director General of Police (Law and Order) submitted its report that 278 cases have been registered under the Kerala Health Care Service Persons and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act, 2012. The authorities have filed a charge sheet in 232 such cases while 28 cases are still under investigation. Appearing for the petitioner, Advocate K Anand, appearing on behalf of the petitioner, submitted to the court that attacks on healthcare workers are still happening owing to the police's laxity and the delay in the process of investigation.
The Kerala High Court has also directed the state police chief to order to all the Station House Officers to take an action immediately in cases related to assault of healthcare workers. The Court was very unhappy and concerned about the large number of such incidents and said that it is very difficult to digest 278 cases of attacks and assault of the frontline healthcare workers. It strictly directed the state government to publicize, through news release, online media and mainstream media, that such attacks on healthcare workers would invite severe penalties under the provisions of the Kerala Health Care Service Persons and Health Care Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.
The World Medical Association implies that everyone has the right to work in a safe environment without the threat or apprehension of any kind violence or other danger. However, the situation of hospitals in India is quite different. According to the data in a study conducted, more than 75% of doctors in India have faced some or the other form of violence, and about 68% of incidents are of attacks by the family members of the patients.
The implementation of the Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act has not been satisfactory. The main cause of its poor implementation is that it does not feature in the Indian Penal Code, 1860, due to which it becomes difficult for victims to approach the police for help. Many a times, even the police are not fully aware of the existence of this law and its provisions. In reality, less than 10% of the cases reported under this Act end up in the courts after the initial charge sheet is filed. The police should be made aware about the provisions of this Act and also the proper procedure for trial of the concerned cases.
Recently, the Epidemic Diseases Act, 1897 was also amended to involve penalties for any kind of violence against healthcare workers. However, it is a sunset clause that means that it will only last for the duration of the pandemic.
CONCLUSION
There is still a strong need for the national legislation to deal with this issue. It should be enacted through a section in the IPC for assuring its proper implementation. Our country should also implement the WHO Guidelines that direct the hospitals to provide adequate mechanisms to report the incidents of attack and violence against healthcare workers.
The Bombay High Court has rightly said in this context, “We must protect the medical fraternity and we will be failing in our duties as a state if we don’t”.
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