Kerala High Court
Kerala Private Hospitals ... vs Adv.Sabu P. Joseph on 26 August, 2021
RP No.379/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 26th day of August 2021 / 4th Bhadra, 1943
RP NO. 379 OF 2021 IN WP(C) 10659/2021(S)
REVIEW PETITIONER/RESPONDENT NO.5:
KERALA PRIVATE HOSPITALS ASSOCIATION
HAVING ITS REGISTERED OFFICE AT KPHA HEAD QUARTERS,
ASHIR BHAVAN ROAD, KACHERIPPADY,ERNAKULAM, KOCHI-682 018,
REPRESENTED BY ITS PRESIDENT, HUSSAIN KOYA THANGAL.
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4 &
RESPONDENTS 6 TO 12 IN WP(C)No.10659/2021:
1 ADV.SABU P.JOSEPH, AGED 46 YEARS, S/O.T.A. JOSEPH,
VICE-CHAIRMAN,LEGAL CELL,HUMAN RIGHTS FORUM,
REG.NO.186/IV/19,REGISTERED OFFICE AT B NO:XX-638,
CLASSIC TOWER, A M ROAD,PERUMBAVOOR-683 542.
2 THE STATE OF KERALA, REPRESENTED BY THE
CHIEF SECRETARY TO GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 DIRECTOR GENERAL OF HEALTH SERVICES,
DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695 035.
4 INDIAN COUNCIL OF MEDICAL RESEARCH,
V.RAMALINGASWAMI BHAVAN, PO BOX NO.4911,
ANSARI NAGAR,NEW DELHI-110 029,
REPRESENTED BY ITS SECRETARY AND DIRECTOR GENERAL.
5 UNION OF INDIA, REP. BY ITS SECRETARY,
HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN,
RP No.379/2021 2/8
NEW DELHI-110 011.
6 STATE HEALTH AGENCY, REPRESENTED BY EXECUTIVE DIRECTOR,
ARTECH MEENAKSHI PLAZA,5TH AND 8TH FLOOR,
OPP. GOVT. WOMAN AND CHILD HOSPITAL, THYCAUD,
THIRUVANANTHAPURAM-695 014.
7 NATIONAL HEALTH MISSION,
REPRESENTED BY THE EXECUTIVE DIRECTOR, NRHM BUILDING,
GENERAL HOSPITAL,DIRECTORATE OF HEALTH SERVICE,
JAI VIHAR, KANNUKUZHY, THIRUVANANTHAPURAM-695 035.
8 KERALA MEDICAL SERVICES CORPORATION LIMITED,
REPRESENTED BY EXECUTIVE DIRECTOR,
C.V.RAMAN PILLAI ROAD, WOMAN AND CHILDREN HOSPITAL,
THYCAUD, THIRUVANANTHAPURAM-695 014.
9 THE INDIAN MEDICAL ASSOCIATION(IMA),
KERALA, REPRESENTED BY PRESIDENT, HEADQUARTERS,
ANAYARA. P.O, THIRUVANANTHAPURAM-695 029.
10 QUALIFIED PRIVATE MEDICAL PRACTITIONERS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,FLOOR-V-E/F,
VALLAMATTAM ESTATE, RAVIPURAM,M.G. ROAD, KOCHI-682 015.
11 CATHOLIC HEALTH ASSOCIATION OF INDIA,
REPRESENTED BY THE EXECUTIVE DIRECTOR,
PASTORAL ORIENTATION CENTRE, CIVIL LINE ROAD,
PALARIVATTOM,KOCHI-682 028.
12 MUSLIM EDUCATIONAL SOCIETY, BANK ROAD,
CALICUT-673 011, REPRESENTED BY ITS
PRESIDENT DR.P.A. FAZAL GAFOOR.
P.T.O.
RP No.379/2021 3/8
Review petition praying that in the circumstances stated in the affidavi
t filed therewith the High Court be pleased to allow the above the Review
Petition, review the judgment dated 10/05/2021 in WP(C)No.10659/2021, and to
pass such other order or further orders as this Honourable Court may deem fit
and proper in the circumstances of the case.
This petition again coming on for orders upon perusing the petition and
this Court's judgment dated 10/05/2021 in WP(C)10659/2021 & order dated
08/07/2021 in RP.379/2021 and upon hearing the arguments of SRI.SYAM DIVAN
(SENIOR ADVOCATE) along with SRI.K. ANAND, Advocates for the petitioner,
ADVOCATE GENERAL & GOVERNMENT PLEADER for R2 & R3, SRI.P. VIJAYAKUMAR,
ASSISTANT SOLICITOR GENERAL OF INDIA for R4 & R5, DR.S. GOPAKUMARAN NAIR
(SENIOR ADVOCATE) along with SRI.SURAJ T.ELENJIKKAL, Advocate for R9,
M/S.M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN
THOMAS, PAULOSE C. ABRAHAM & RAJA KANNAN, Advocates for R10, Advocate SRI.M.
AJAY, SRI.S. KANNAN, GOVERNMENT PLEADER and of SRI. SRI.N. NANDAKUMAR (SENIOR
ADVOCATE) along with SRI.JAI MOHAN, Advocate, the court passed the following:
P.T.O.
RP No.379/2021 4/8
Devan Ramachandran,
&
Dr.Kauser Edappagath, JJ.
-------------------------------
R.P.No.379 of 2021
IN
W.P(C).NO.10659 of 2021
------------------------------------
Dated this the 26th day of August, 2021
O R D E R
Devan Ramachandran, J.
The learned counsel for various parties
today were ad idem that the Government Order dated
07.07.2021 has brought a balance to the rival
claims of the patients and the Private Hospitals;
and they prayed that it be allowed to continue for
a few more weeks, before this Court finally
decides this matter.
2. At this time Shri.Gopakumaran Nair,
learned Senior Counsel representing the Indian
Medical Association and also Shri.K.Anand, learned
counsel appearing for the review petitioner,
brought to our notice a very disconcerting
scenario in the various hospitals - both private
and public - in which sporadic instances of
patients and their bystanders attacking Doctors,
Nurses and other health care providers have been
RP No.379/2021 5/8
reported. They submitted that at this time when the
COVID-19 pandemic is raging, these kind of attacks
have made the health care providers, Doctors and
Nurses extremely vulnerable, particularly when the
emergency rooms are often manned by women during
the nights.
3. The learned Senior Counsel and
Shri.K.Anand thereafter brought to our notice
certain specific instances involving women Doctors
and Nurses and expressed apprehension that if this
situation continues, it might become difficult for
the health sector to function properly.
4. Though we understand that the number of
instances referred to by the learned Senior Counsel
and Shri.K.Anand are comparatively less, the fact
remains that such instances certainly would
undermine the morale and the courage of the health
sector to continue the march against COVID-19,
especially when Kerala is still seeing surge in
infections.
5. We, therefore, asked Shri.S.Kannan,
learned Government Pleader, as to if the Government
RP No.379/2021 6/8
has any action plan to ensure that the health care
sector is sufficiently protected, to which, he
submitted that since this was not an issue that was
raised in this review petition specifically, he
needs time to obtain instructions. He, however,
pointed out that the Kerala Health Care Service
Persons and Health Care Service Institutions
(Prevention of Violence and Damage to Property Act)
2012 has already been enacted in the State of
Kerala and that stringent measures and punishments
are contained therein. He submitted that the
Government is sworn to ensue the protection of
every stakeholder in the health care system,
including Doctors, Nurses and others; and that
every step has been taken to ensure that all of
them are sufficiently and adequately kept away from
harm.
6. Shri.S.Kannan then added that it might
also require sufficient sensitization of the public
at large, since some of the instances show that
they happened on account of inebriation and without
any provocation. He submitted that the Government
RP No.379/2021 7/8
will certainly take measures to ensure that the
citizens are adequately enlightened about the need
to act in a civilized manner, even when there are
complaints against the health care providers, since
the available systems and the established procedure
provide sufficient recourse to any person who may
have a legitimate complaint to be impelled and
resolved.
7. We certainly find favour with the afore
submissions of the learned Senior Government
Pleader and are also of the certain view that
unless the health care sector is allowed to
function peacefully and with the autonomy that it
requires, it will be impossible to reign in the
deleterious consequences of the COVID-19 pandemic
and other related deceases. The Doctors, Nurses and
other health care providers are certainly the most
vital and valuable in the health care system,
particularly the women who courageously discharge
their duties and sometimes act even beyond the call
of their duty. We are, therefore, without doubt
that the Government and other stakeholders,
RP No.379/2021 8/8
including the District Collectors and the District
Superintendents of Police must now ensure that such
events and instances do not happen in future and
that quick and swift action is taken if any such
report is made.
8. We, consequently, adjourn this matter to
be called on 09.09.2021, for the learned Government
Pleader to respond appropriately; however,
directing the Government to ensure that all steps
are taken for the protection of the persons
managing the health care system adequately and
effectively.
List this matter, therefore, on 09.09.2021;
until which time, the Government Order dated
07.07.2021 will continue to operate, subject to any
orders that may be issued by this Court in the writ
petition filed challenging the same.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
Dr.KAUSER EDAPPAGATH, JUDGE
MC
H/O
26-08-2021 /True Copy/ Assistant Registrar
