Kochi: The Kerala High Court on Tuesday directed the state government to implement the protocol for producing a person in police custody before doctors and magistrates on a war-footing. Though the state government sought two weeks' time for implementing the protocol which tries to ensure the safety of the doctors and jurists, the court said it cannot be delayed further.
The court was hearing a case it initiated suo motu following the murder of Dr Vandana Das, a junior medical practitioner at the Kottarakkara Taluk Hospital, by a person who was produced before her by the police for medical examination.
Stressing the need for the speedy implementation of the safety protocol, the court pointed to similar incidents reported after the Kottarakkara attack. The court also cited an incident in which an accused brought a weapon while he was produced before a magistrate.
The court advised the government to seek the opinion of the associations of doctors and judicial officers before finalising the protocol. The court impleaded the Judicial Officers Association and the Kerala Government Medical Officers Association in the case. The court said it was upto the government take a decision on the public interest litigation (PIL) that a sum of Rs 1 crore should be paid to the parents of Dr Vandana. The court will consider the plea on Thursday.
Dr Vandana was stabbed to death by Sandeep, a school teacher, on May 10 at the Kottarakara hospital.
In the PIL by an advocate -- Manoj Rajagopal -- whose mother is a retired civil surgeon grade-1 and a consultant surgeon, it has been contended that the government announced lakhs of rupees as compensation to the family of the victims in the recent boat accident in Malappuram and the train arson incident in Kozhikode districts of the state. However, no such announcements were made with regard to the brutal killing of Dr Vandana.
After the murder that shocked the state, the high court had directed that sufficient protocols be created with regard to the manner in which persons in custody -- whether they are accused or others -- are to be presented in hospitals or before doctors or healthcare professionals, as part of the criminal justice system or otherwise.
Subsequently, on May 17, the Kerala government approved an ordinance that provides for stringent punishment, including imprisonment of up to seven years and a maximum fine of Rs 5 lakh for those found guilty of causing grievous bodily harm to doctors, medical students, and others working in the health services sector in the state. The ordinance also extended the protection under the Kerala Healthcare Service Workers and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act of 2012 to paramedical students, security guards, managerial staff, ambulance drivers, helpers who are posted and working in health care institutions.
