A week after the brutal murder of a woman doctor, the Kerala cabinet on Wednesday approved an ordinance, amending the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.
Dr Vandana Das was stabbed to death by a detainee, who was brought for medical treatment by the police at a government hospital.
The ordinance aims to protect all medical professionals from physical and verbal attacks in the state by incorporating in it stringent penal provisions against the perpetrators of violence against hospitals and expanding the scope of the definition of healthcare workers.
The new amendment has brought paramedical students and paramedical staff employed and working in medical service institutions, security guards, managerial staff, ambulance drivers and helpers in hospitals also within the ambit of the Act, by expanding the scope of the definition of “healthcare service persons”.
Section 4 of the Act, which deals with penalty for perpetrating violence against hospitals and healthcare workers has been amended so that offenders who attempt to commit violence or persuade another to commit violence against hospitals and healthcare staff will be punishable with imprisonment not less than six months to a maximum of five years and fine not less than Rs.50,000 to a maximum of Rs.2 lakh.
Anybody who indulges in physical violence against a healthcare worker will be punishable with imprisonment not less than an year, up to a maximum of seven years and a minimum fine not less than Rs.one lakh up to a maximum of Rs. Five lakh.
The original Act only stated that offenders will be “punishable with imprisonment for a period which may extend to three years and with fine which may extend to Rs. 50,000”.
The amendment now introduced in the 2012 Act says that a police official ranked not less than an Inspector will investigate cases filed under the Act and that the investigation will be completed within 60 days of the registering of the FIR. This provision fulfils the demand of the medical professionals that a definite time frame is fixed for the completion of the investigation of cases registered under the Act and the sentencing of the accused.