New Delhi: The Supreme Court on Friday refused to consider a petition by the Delhi Medical Association seeking directions to protect doctors from violence, saying laws are already in place to address such cases.
However, a bench of Justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar gave freedom to the Delhi Medical Association (DMA) to approach appropriate forums in case of any particular case of violence.
"I had to visit a hospital recently, I saw posters put up there saying that violence against doctors is a serious crime. You see there are already laws to deal with such cases," Justice Khanna told senior advocate Vijay Hansaria, representing the DMA.
The high court was hearing the DMA's petition, which also sought directions to authorities to ensure adequate security at hospitals and medical centers to prevent attacks on doctors and healthcare workers by relatives of patients and others.
Hansaria stated that the concern is about preventive measures that need to be implemented, as incidents of violence against doctors occur quite frequently.
Justice Khanna said the court cannot direct legislation and today, every hospital has a police officer or security personnel to thwart any such incident.
The senior defender said that this is not the situation in all hospitals and that most medical institutions in rural areas lack this type of security devices.
Observing that anyone indulging in violence can be punished under the Indian Penal Code, the court said the only issue is the implementation of the law.
"We are not willing to entertain the petition. In case of any difficulty in any particular case, the petitioner doctors' association is at liberty to take up such matter before the competent court," he said.
On September 5, 2022, the top court, while hearing the petition filed in 2021, said that the Center and state governments cannot be expected to provide security cover to private hospitals.
He noted that private hospitals and medical centers are commercial enterprises and must adopt their own security measures and as far as public hospitals are concerned, security is carried out by the hospitals concerned.
The top court said that a large number of hospitals, nursing homes and medical centers in the country are private.
He also asked the petitioners what kind of rules could be laid down in the matter and asked the association why it had not approached the high court on this issue.
The plea, filed through advocate Sneha Kalita, also sought directions to the Center and states to have a relief fund to provide compensation to the victim or family of deceased healthcare workers, including doctors and nurses, in case of such violence.
The petition says there is an increase in the number of such assaults and verbal abuse, and "extreme incidents of public lynchings" that have led to the deaths of doctors and healthcare workers.
"The petitioners are seeking appropriate instructions in the form of guidelines to have a safety system in place to ensure a safe working environment for medical service staff/professionals and healthcare workers," she said.
"At present, there is no substantial central legislation that has a holistic mechanism of preventive, punitive and compensatory measures that can address the above-mentioned problems of violence against medical services staff/professionals and healthcare workers," it states. states in the statement.
However, a bench of Justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar gave freedom to the Delhi Medical Association (DMA) to approach appropriate forums in case of any particular case of violence.
"I had to visit a hospital recently, I saw posters put up there saying that violence against doctors is a serious crime. You see there are already laws to deal with such cases," Justice Khanna told senior advocate Vijay Hansaria, representing the DMA.
The high court was hearing the DMA's petition, which also sought directions to authorities to ensure adequate security at hospitals and medical centers to prevent attacks on doctors and healthcare workers by relatives of patients and others.
Hansaria stated that the concern is about preventive measures that need to be implemented, as incidents of violence against doctors occur quite frequently.
Justice Khanna said the court cannot direct legislation and today, every hospital has a police officer or security personnel to thwart any such incident.
The senior defender said that this is not the situation in all hospitals and that most medical institutions in rural areas lack this type of security devices.
Observing that anyone indulging in violence can be punished under the Indian Penal Code, the court said the only issue is the implementation of the law.
"We are not willing to entertain the petition. In case of any difficulty in any particular case, the petitioner doctors' association is at liberty to take up such matter before the competent court," he said.
On September 5, 2022, the top court, while hearing the petition filed in 2021, said that the Center and state governments cannot be expected to provide security cover to private hospitals.
He noted that private hospitals and medical centers are commercial enterprises and must adopt their own security measures and as far as public hospitals are concerned, security is carried out by the hospitals concerned.
The top court said that a large number of hospitals, nursing homes and medical centers in the country are private.
He also asked the petitioners what kind of rules could be laid down in the matter and asked the association why it had not approached the high court on this issue.
The plea, filed through advocate Sneha Kalita, also sought directions to the Center and states to have a relief fund to provide compensation to the victim or family of deceased healthcare workers, including doctors and nurses, in case of such violence.
The petition says there is an increase in the number of such assaults and verbal abuse, and "extreme incidents of public lynchings" that have led to the deaths of doctors and healthcare workers.
"The petitioners are seeking appropriate instructions in the form of guidelines to have a safety system in place to ensure a safe working environment for medical service staff/professionals and healthcare workers," she said.
"At present, there is no substantial central legislation that has a holistic mechanism of preventive, punitive and compensatory measures that can address the above-mentioned problems of violence against medical services staff/professionals and healthcare workers," it states. states in the statement.
