Kerala HC while denying anticipatory bail to a person accused of mishandling a doctor, in the case of Jamshid PV v State of Kerala,  observed that “Doctors, who had turmoiled their energy and time to learn the method of treating patients, when examining patients clinically, cannot do the said exercise without touching the patients. If a patient, who wants treatment, is aggrieved in the matter of touch on the body of the petitioner as part of the examination, it is difficult for a doctor to do his medical profession by resorting to clinical examination. The same would include placing of Stethoscope on the left chest portion of the patient to observe and evaluate the heartbeat.”

The matter came into view when, on January 8 the complainant,  who is a doctor, was on call duty,  had examined the wife of the accused. The accused caught hold of the doctor’s collar and slapped him on the allegation that he touched the body of the accused man’s wife. The accused contended that the doctor has misbehaved and lodged an FIR under section 354 of IPC (assault or criminal force to a woman with intent to outrage her modesty). The investigation is ongoing though. 

However Justice A Badharudeen, further observed, “At the same time, this Court is conscious of the fact that all allegations on the ground of misbehaviour by overstepping the limit of the doctor while examining patients are false. Genuine cases of such nature could not be ruled out in toto.”