[COVID 19] What steps have been taken to avert "health rage" attacks on doctors and nurses? Kerala High Court asks State Govt

The Kerala High Court on Thursday expressed its strong displeasure over the apparent lack of action by authorities in several instances of abuse, often physical, meted out to doctors, nurses and other healthcare workers by patients and their families (Kerala Private Hospitals Association v. Adv. Sabu P Joseph & Ors)..A Division Bench of Justices Devan Ramachandran and Kauser Edappagath observed that such attacks were happening despite the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (2012 Act) which prescribes strong measures and punishments for such acts."We are not happy with the kind of attacks that are going on in the community of doctors and caregivers and we do not know what the Government is doing about it.This is not something that comes directly from this case but when we are dealing with the health sector as a whole, especially in Covid19 times. And Kerala doesn't appear to be facing any recession at the moment, cases are actually going up. The relevance of this Bench may continue for some more time," the Bench remarked. .The Court therefore, passed an order highlighting the importance of providing a safe work environment to those engaged in the healthcare sector, particularly women. "We are of the view that unless the healthcare sector is allowed to function peacefully and with the autonomy it requires, it would be impossible to reign in the deleterious consequences of the Covid-19 pandemic and other related diseases. Doctors, nurses and other healthcare providers are certainly the most vital and valuable in the healthcare system, particularly the women who have courageously come forward in discharge of their duties and sometimes even beyond the call of their duty", the order stated..It proceeded to directed the authorities to take necessary steps to prevent such attacks in the future. "We are therefore certain that the govt and other stakeholders, including the district collectors and district superintendents of police must now ensure that such events and instances are averted in the future and quick and swift action i taken if any such report is made," the Court ordered..Though reports of such attacks have been relatively few in Kerala, the Court still felt it necessary to issue orders to nip it in the bud especially during the pandemic. "Though we understand that the number of such instances are comparatively much lesser, 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 particularly when Kerala is still seeing comparative surge in infections" the order said.The Court was hearing a petition preferred by the Kerala Private Hospitals Association, represented by Advocate K Anand, regarding a Government Order that fixed the room rent in hospitals based on five broad categories.The Court had, on July 9, allowed the the GO to operate temporarily until today's hearing.The Court on Thursday allowed the GO to operate for two more weeks."All stakeholders were ad idem that the effect of GO dated July 7, 2021 have brought a balance to the rival claims of patients and private institutions and they pray it may be allowed to continue for a few more weeks before the court finally decides this matter," the order said.During the hearing that Senior Advocate Gopakumaran Nair, representing the Indian Medical Association, brought to the notice of the Court, "a very disconcerting feature in the various hospitals both private and public where there have been sporadic instances of of patients and their bystanders attacking nurses, doctors and other healthcare providers". He, therefore, requested the Court to protect the interests of the medical fraternity as well as patients to ensure the healthcare system continues to work effectively..Advocate M Ajay, representing the Kerala State Medical Services Corporation, informed the Court of the existence of the 2012 Act. While the offences under the provisions of the Act are non-bailable, more often than not, it is not invoked and offenders are only charged with other bailable offences, he addedAjay also suggested the term "health rage" to define such attacks on healthcare workers..Advocate K Anand submitted that the Kerala Private Hospitals Association is planning to prefer a representation regarding the matter to the Ministry of Home and file a writ petition before the High Court as well..On the steps taken by the government, Government Pleader S Kannan submitted that he would require some time to submit a statement on the matter and suggested that over and above government action, it would be necessary to sensitise the public at large. .The Court concurred as it observed that some of the instances show that such events have happened on account of inebriation and because of sudden and grave provocation.Therefore it directed the State Government to "take steps to ensure people are adequately enlightened for the need to act in a civilised manner even when there are complaints raised against the health sector since the available systems and established procedure provide sufficient recourse to any such person who may have any legitimate complaint to be heard and resolved".The matter will be taken up after two weeks by which time the State government is expected to file its response.