Kerala government approves ordinance amending Hospital Protection Act 2012, stringent penal provisions added
The HinduExactly a week after the murder of house surgeon Vandana Das, the State Cabinet on Wednesday approved the ordinance, amending the Kerala Healthcare Service Persons and Healthcare Service Institutions Act, 2012, by including stringent penal provisions against the perpetrators of violence against hospitals and expanding the scope of the definition of healthcare workers. Stringent punishment for offenders 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 ₹50,000 to a maximum of ₹2 lakhs Any offender who commits serious 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 ₹1 lakh up to a maximum of ₹5 lakhs. Doctors had contended that police inaction was making a mockery of the Hospital Protection Act and that even though over 200 cases had been registered under the Act in the past two years, not a single person had been convicted so far 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. Definition of “healthcare service persons” By expanding the scope of the definition of “healthcare service persons,” 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, to protect them against violence within hospital premises.