FIRs in crimes against doctors, healthcare workers should be registered within an hour of reporting: Kerala High Court

The Kerala High Court on Thursday ordered the Police to register first information reports (FIRs) within one hour from the time any crime against doctors, nurses or other healthcare workers, is reported [Kerala Private Hospitals Association v. Adv. Sabu P Joseph & Ors].

A division bench consisting of Justices Devan Ramachandran and Kauser Edappagath clarified that this can be done for offences under the special law or the Indian Penal Code (IPC) but it should be done within one hour from the time the crime is reported to ensure quick action against the perpetrators.

“However, as a first step, in addition to the earlier directions, we are of the firm view that every incident of attack on a Doctor or a Healthcare Professional, including any other staff of the Hospital - be that Security or other - will have to be taken cognizance of by the Station House Officer of the concerned Police Station not later than one hour from the time on which it is reported to him. This can be under the Special Law applicable, or under the Indian Penal Code; but an FIR will be need to be registered within the afore time frame, which alone will ensure that the perpetrator/s understands that action is swift and quick,” the order said.

The Court was hearing a petition preferred by the Kerala Private Hospitals Association, represented by advocate K Anand, regarding the prices chargeable by hospitals for room rent, post covid-complications etc. as per orders issued by the government intermittently.

However, over the course of the past two years, the case turned its focus towards attacks against healthcare workers which had increased during the pandemic period.

The Court heard the plea again today after six months from the last hearing and said that it was under a legitimate impression that things had gotten better, at least when it came to violence against doctors and healthcare professionals.

However, the counsel submitted that in the past 12 months, there were over 138 attacks on healthcare workers, i.e., 11-12 attacks every month.

The Court said that these crimes against health professionals were happening because the attackers could be under the impression that the process of law is slow and action won’t be taken against hospitals or authorities.

“We are hence guided to believe, prima facie, that it is perhaps because citizens get the impression that the processes of law are slow and that they would not be taken to task, that such recurrent occurrences happen. The fact that the government hospital system is overwhelmed and that the number of patients are escalating by the day, are common knowledge. Unless the doctors and healthcare professionals are able to act in peace and calm, it would become impossible for the system itself to sustain,” the order said.

The Court, therefore, directed that FIRs be registered within an hour of receiving such complaints about attacks.

It also asked the government to publicize the gravity of the offence and punishment for attacks on doctors.

The matter will be taken up next on December 16.

[Read Order]