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High Court Declines Plea of Doctors

Published: 24th September 2014 06:05 AM  |   Last Updated: 24th September 2014 06:05 AM   |  A+A-

KOCHI: The Kerala High Court on Tuesday refused to allow a plea filed by the three doctors who allegedly filmed a woman delivering triplets, and uploaded it on the social media, seeking a directive not to arrest them.

Justice V K Mohanan refused to allow the plea of Dr Madhusoodanan, Dr Manoj Kumar and Dr Sunil, while considering their request for anticipatory bail. The police have registered cases under Section-354 (Assault or Criminal Force to Woman with Intent to Outrage Her Modesty), Section 66 and Section-67 of the Information Technology Act.

The court orally observed that if such a relief is granted it would send a bad message to the public, and asked, “if such is the situation how can our sisters approach hospitals?” The doctors, however, defended their action, and claimed that since triplets in one delivery was a rarity they decided to film it. Counsel for the petitioner submitted that the assault of, or the use of criminal force on woman with intent to outrage her modesty will not sustain as the alleged offence was just a fabricated story.

The petitioners were ready to apologise. Sequences of a cesarean of a woman who gave birth to a triplet at the government taluk hospital, Payyannur, filmed using a mobile phone without her permission, went viral on the social media the other day. Later, the police registered a case on the basis of a complaint filed by the woman, alleging that the video was shot without her knowledge, and that it had breached her privacy. The police also registered cases against four nursing assistants.

The cesarean was performed on July 18. “The surgical procedures of the caesarian were filmed either by the doctors or by any of the staff who had accompanied them. Around twenty of the videos were circulated through the social media,” the complainant said. “It is clear that the video could not have been made without the consent of the doctors who had participated in the surgery.

Two doctors, including the gynaecologist, could be seen in some of the videos,” the police report stated. The court adjourned the hearing of the case to September 30, and sought the view of the State Government.

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