THIRUVANANTHAPURAM: A week after the brutal murder of Dr Vandana Das by a patient at Kottarakkara taluk hospital, the Kerala government on Wednesday approved an ordinance aimed at amending the Hospital Protection Act to check attacks on health workers.
The ordinance seeks to include stringent provisions against attacks on doctors and other health workers.
As per the ordinance approved by the cabinet, a person found guilty of causing serious injury to health workers will face up to seven years in jail and Rs 5 lakh fine.
The minimum punishment will be one-year imprisonment and a fine of Rs 1 lakh. At present, the maximum jail term and fine are three years and Rs 50,000, respectively. Hospital attacks or instigating such attacks will attract a minimum of six months of jail term, extendable up to five years.
The fine amount will vary from Rs 50,000 to Rs 2 lakh. Verbally abusing health workers has also been made a punishable offence, said Health Minister Veena George. The amendments to The Kerala Health Service Persons and Healthcare Services Institutions (Prevention of Violence and Damage to Property) Act, 2012, or the Hospital Protection Act, also mandate that a police officer not below SI rank shall conduct and complete an inquiry within 60 days of registering the FIR.
Veena said the trial will be completed in a time-bound manner. The amendments will be promulgated as an ordinance. “The government, with the permission of the Kerala High Court, will designate one court in each district to hear hospital attack cases. If needed, a special prosecutor will be appointed for each district,” Veena said, adding that a clause has been inserted into the Act to allow for timely changes to the rules.
Some key suggestions not included, rue docs
The amendment also expanded the definition of health workers to include doctors, nurses, medical and nursing students, paramedical staff and students, security guards, helpers, ambulance drivers, managerial staff, etc. The government, through a notification, can include other sections for inclusion under the Act.
The doctors’ organisations welcomed the changes and demanded that they be implemented at the earliest. However, they complained that the changes did not contain some of their key suggestions. “Attacks against doctors outside hospitals and on social media should also be included in the law,” said Indian Medical Association state president Dr Sulphi N. He said the amendments would not mean much unless politicians stop supporting perpetrators of attacks against health workers.
The IMA also sought faster implementation of steps taken to designate hospitals as special security zones. The doctors’ organisations also sought a probe into the alleged police inaction that led to Dr Vandana’s murder. The government should compensate the family of Dr Vandana, they said.
AT LONG LAST
Act: Kerala Health Service Persons and Healthcare Services Institutions (Prevention of Violence and Damage to Property) Act, 2012
Who gets protection: Doctors, nurses, medical and nursing students, paramedical staff & students, security guards, helpers, ambulance drivers, managerial staff in hospitals
Cabinet approves ordinance
Offences: Hospital attack, instigation, injuring health workers
Penalty enhanced
7 years max jail term
3 years Max jail term earlier
Rs 5L max fine
Rs 50,000 MAx Fine earlier