Background Matrix 

In the case of Kerala Private Hospitals Association v. Adv. Sabu P Joseph & Ors According to the petitioner’s appeal, Sandeep was detained after he allegedly became violent towards neighbors and family members after Vandana Das was attacked by an accused man Sandeep who the police had brought to the hospital for a medical examination. Sandeep himself was injured by the time the police arrived and, therefore, they took Sandeep to the hospital for medical examination and treatment. Additionally, it was claimed that while the doctor was examining him, the accused attacked many police officers and hospital employees, including Dr Das. The young lady surgeon succumbed to her injuries at a private hospital in Thiruvananthapuram where she was treated Over the past two years, the case’s attention has shifted to attacks on healthcare workers, which have grown during that period.

Conclusion of Court 

The Kerala High Court divisional bench of Justices Devan Ramachandran and Kauser Edappagath expressed their condolences to the loved ones of Dr Das and pointed out the futility of just expressing grief and not taking action. They state the duty of the State government and police authorities for their failure to prevent the horrific death of a 23-year-old surgeon.

The court further noted that it called the police because it did not anticipate or prepare for such incidents when it produced an accused who was believed to be weak. The police could be more vigilant. The police should deal with and understand the unexpected. The court further emphasized that this is a case where you brought someone out of your captivity. The court then directed the state government whether records similar to those produced against the accused would be produced before the judges were deployed. It is a great tragedy that this misery befell a young woman.

Consequence

The State administration stated that it is actively working on modifying the Kerala Healthcare Service Persons and Healthcare Service Institutions(Prevention of Violence and Damage to Property) Act, 2012 to ensure that no further attack takes place on doctors and healthcare professionals.