Kerala High Court
Kerala Private Hospitals ... vs Adv.Sabu P. Joseph on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
RP NO. 379 OF 2021 IN WP(C) 10659/2021
REVIEW PETITIONER/RESPONDENT NO.5:
KERALA PRIVATE HOSPITALS ASSOCIATION HAVING ITS REGISTERED OFFICE
AT KPHA HEAD QUARTERS,ASHIR BHAVAN ROAD,
KACHERIPPADY,ERNAKULAM,KOCHI-682018,
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-683542.
2.THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
OF KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
3.DIRECTOR GENERAL OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM-695035.
4.INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR), V.RAMALINGASWAMI BHAVAN,
P O BOX NO.4911,ANSARI NAGAR,NEW DELHI-110029.REPRESENTED BY
ITS SECRETARY AND DIRECTOR GENERAL.
5.UNION OF INDIA, REPRESENTED BY ITS SECRETARY,HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN,NEW DELHI-110011.
6.STATE HEALTH AGENCY, REPRESENTED BY EXECUTIVE DIRECTOR,ARTECH MEENAKSHI
PLAZA,5TH AND 8TH FLOOR,OPP.GOVT.WOMAN AND CHILD HOSPITAL,THYCAUD,
THIRUVANANTHAPURAM-695014.
P.T.O
7.NATIONAL HEALTH MISSION REPRESENTED BY THE EXECUTIVE DIRECTOR,
NRHM BUILDING,GENERAL HOSPITAL,DIRECTORATE OF HEALTH SERVICE,
JAI VIHAR,KANNUKUZHY,THIRUVANANTHAPURAM-695035.
8.KERALA MEDICAL SERVICES CORPORATION LTD.
REPRESENTED BY EXECUTIVE DIRECTOR,C.V.RAMAN PILLAI ROAD,
WOMAN AND CHILDREN HOSPITAL,THYCAUD,THIRUVANANTHAPURAM-695014.
9.THE INDIAN MEDICAL ASSOCIATION(IMA),KERALA
REPRESENTED BY PRESIDENT,HEADQUARTERS,ANAYARA.P.O,
THIRUVANANTHAPURAM-695029.
10.QUALIFIED PRIVATE MEDICAL PRACTITIONERS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,FLOOR-V-E/F,VALLAMATTAM ESTATE,
RAVIPURAM,M.G.ROAD,KOCHI-682015.
11.CATHOLIC HEALTH ASSOCIATION OF INDIA,
REPRESENTED BY THE EXECUTIVE DIRECTOR,PASTORAL ORIENTATION CENTRE,
CIVIL LINE ROAD,PALARIVATTOM,KOCHI-682028.
12.MUSLIM EDUCATIONAL SOCIETY ,BANK ROAD,CALICUT-673011,
REPRESENTED BY ITS PRESIDENT DR.P.A.FAZAL GAFOOR.
*ADDL. R13 IMPLEADED
13.THE STATE POLICE CHIEF, KERALA
*ADDL R13 IMPLEADED SUO MOTU AS PER ORDER DATED 09.09.2021 IN RP379/21 IN
WPC 10659/21
Review petition praying that in the circumstances stated in the
affidavit 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.
P.T.O
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 27/10/2021 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, 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,SENIOR GOVERNMENT PLEADER FOR ADDL.R13 and of SRI. SRI.N.
NANDAKUMAR (SENIOR ADVOCATE) along with SRI.JAI MOHAN, Advocate, the court
passed the following:
DEVAN RAMACHANDRAN
&
DR.KAUSER EDAPPAGATH, JJ.
--------------------------------------------
R.P.No.379/2021 & WP(C)No.11820/2021
--------------------------------------------
Dated this the 23rd day of June, 2022
O R D E R
DEVAN RAMACHANDRAN, J.
The Covid has yet not gone - it is still amongst us.
2. The nature and manner of the pandemic may have
been altered, 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.
3. Our health system, therefore, has to be still at the
peak efficiency levels because, waves of the disease can strike
without notice.
4. It is in this context that this Court is very
concerned about a reported attack on a Nurse and Doctor at
the Neendakara Taluk Hospital. We have been repeatedly
ordering in these cases that every step and measure should be
RP 379/21 & WPC 11820/21
taken to avert such incidents, rather than an 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.
5. On 09.09.2021, this Court had already recorded
certain steps suggested by the Government. We are told by
Sri.S.Kannan - learned Senior Government Pleader, that
security personnel had been deployed even in the hospital in
question, but that he was also attacked.
6. Sri.S.Gopakumaran Nair, learned Senior Counsel
instructed by Sri.Sooraj Elanjikkal - learned Standing Counsel
appearing for the Indian Medical Association (IMA), submitted
that the medical and para-medical staff of every hospital - be
that private or Government - are working with the constant
apprehension of such attacks, especially when the atmosphere
becomes surcharged and heated on account of the pressure of
work. Illustratively, he said that the Nurse involved in these
cases is a lady who was taken completely by surprise by some
RP 379/21 & WPC 11820/21
people who barged into the hospital and launched attack on
her and the Doctor.
7. 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 punishments. However, as the present case
demonstrates, it is not always the best deterrent.
8. 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.
9. Before we close this order, we must also place on
record an input that we received at the Bar that, sometimes
healthcare personnel - perhaps on account of their pressure -
don't treat patients and bystanders with the empathy that
they deserve. Of course, this is a matter which the
Associations, including the IMA, must ponder upon.
10. That said, the attack, which we are presently
concerned about, does not appear to have happened on the
RP 379/21 & WPC 11820/21
spur of the moment and this concerns us. Of course, we
hasten to add here that we are not reflecting upon the
incident per se, since we are aware that there is an ongoing
criminal investigation into it; and hence clarify that nothing
we record herein shall affect the same in any manner.
11. To come back to the point, this Court certainly
requires 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 the
order on 09.09.2021, we direct the competent Authorities to
device a Plan of Action, so as to avert such incidents in
future, rather than launch investigation after it happens.
12. The intent of this 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 our afore request.
13. We, therefore, adjourn this matter to be called on
22.07.2022; within which time, the learned Senior Government
RP 379/21 & WPC 11820/21
Pleader is requested to make available the information qua the
number of posts of security personnel in hospitals, as also the
Police Aid Posts which have already been sanctioned. He will
also get instructions as to whether police presence, at least in
the most sensitive areas like the one which is the cause of
this order, can be put in place at the first instance and then
extended to other places in due time.
14. We would also like the Government to inform us
whether the present apparent situation, of allowing everybody
to rush into hospitals, without any barrier, be controlled,
except for the patients and their immediate
bystanders/helpers, so that the healthcare workers will not be
put to unnecessary pressure on account of the crowd often
created.
15. The Government certainly can call for and obtain
the inputs from the Doctors and their Associations, including
IMA, so that they will be benefited by their inputs in this
regard.
16. Before we part, we, however, direct all authorities
RP 379/21 & WPC 11820/21
to ensure that such incidents do not happen in future and that
every measures to avert it be put in place.
Post on 22.07.2022.
H/o
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
RR/23.06.2022 DR.KAUSER EDAPPAGATH, JUDGE
23-06-2022 /True Copy/ Assistant Registrar
