The Kerala High Court pointed out at the systemic failure concerning the gruesome murder of a young healthcare professional, Dr Vandana Das, who was killed by a person who was in police custody. Furthermore, the High Court said that the protocols concerning the protection of healthcare professionals, students, interns, house surgeons and others must be immediately evolved, otherwise the faith in the system will erode.
The High Court noted that Dr Vandana Das was alone in the observation room, which provided the accused in police custody to seize the opportunity and repeatedly stab her.
The High Court said, “for some reason, Vandana Das was alone in the observation room at the particular point of time, which opportunity was seized by the accused to repeatedly stab her. This is a gruesome incident, which, as we have already said in our earlier order, should have never happened.”
The High Court directed the State Police Chief (SPC) to “evolve sufficient and effective protocols with respect to the manner in which persons in custody – be that accused or otherwise – are to be presented in hospitals and before medical professionals as part of the criminal justice system.”
“It would be apposite to reflect upon the protocols that are applicable in the case of the production of accused before a learned Magistrate. We must, however, say that even the protocols with respect to learned Magistrates are extremely lacking and it is only a matter of providential grace that we have yet to come across a situation where such an officer is attacked,” added the High Court.
Furthermore, the High Court directed that the lack of protocols or inefficiency of the same should not be impelled as a reason to justify another crime. The court directed that the protocols applicable to production of persons in police custody before a magistrate shall be applied when producing them before healthcare professionals and doctors.
The High Court noted that the SPC requires some time to consider the aspects and thereafter inform the court, however, in the meanwhile the court is tasked with ensuring effective security measures in the hospitals in the manner legally possible, to avoid further attacks.
“We remind the SPC, as we have already indited above, that it is the fundamental obligation of the police force, headed by him, to ensure that hospitals and the personnel who man them are adequately and sufficiently protected on a day-to-day basis, for the 24 – hour time frame,” the High Court added.
State Police Chief was virtually present before the Court. High Court said police should roll up their sleeves on a war footing. Furthermore, the High Court told the counsel of the Indian Medical Association (IMA) that the people suffered due to their strike. It sounded like an indirect call to put an end to their strike.
There are reports that the time sheet mentioned in FIR shows discrepancies. The incident took place around 4.30 am on May 10. However, it is alleged FIR stated that the police got information about the incident only at 8.15 am, just 15 minutes before Vandana’s death was confirmed. If this allegation is true, it is a contradiction. Because the policemen were injured around 4.30 am. FIR is allegedly registered at 9.39 am. In other words, FIR was registered hours after the stabbing incident. It is also alleged that police did not register a murder case, and FIR does not say about the death.
Responding to the above, Kottarakkara Police reportedly claimed that they prepared the FIR based on the information given by Dr Shibin, another house surgeon and witness of the incident. According to the police, the FIR will be revised.
Kerala’s Leader of Opposition VD Satheesan slammed the police and accused them of negligence in the case. He pointed out the discrepancies in the FIR. He has reportedly said: “The police are now finding ways to get away with their failure in the case. The statements given by the ADGP and what is recorded in the FIR are different.” He added that ‘the accused, who is said to be a drug addict, was brought to the hospital along with a home guard without even tying his hands,” he alleged.
High Court, in its interim order, asked the police to set up a protocol regarding presenting the persons in custody at hospitals for medical checkups. Doctors, healthcare professionals, students, interns, house surgeons and other health workers should get the first priority. Otherwise, the trust in the system will erode. Until the protocol is declared and implemented, High Court asked the State police to ensure that all Government hospitals in the State are protected. Government should not justify the attack.
Protests in the State are still in full swing. BJP and other Opposition parties are in the street to protest against the “failure of the Home Ministry and the police” in protecting the doctors and the health workers. Union Minister V Muraleedharan and BJP State President K Surendran came down heavily on CM Pinarayi Vijayan for the doctor’s murder and alleged that the Home Ministry is a gross failure; it is high time CM gave up the portfolio.
Agitations of the doctors, under the auspices of IMA, KGMOA (Kerala Government Medical Officers Association), MBBS students, House Surgeons and other health workers, continued for the second consecutive day on May 11. Doctors boycotted duties except for causality services. The agitators marched to the secretariat and various district headquarters.
The people of Kerala welcome the High Court observation with folded hands. Because even though the murder of Dr Vandana Das is a horrifying case, attacks against healthcare forces are not new or rare.
Attacks on Kerala’s Healthcare Professionals
The patient attacked a nurse on May 10 in Government Medical College Hospital, Kottayam, while administering medicine and the nurse’s arm was broken. At almost the same time, a drunk assailant stormed into the Government Hospital, Kasaragod, on the night of May 10, after stabbing a man. He created violent scenes in the hospital, and the hospital staff managed to tie his hands together; apparently, they did not get any police support, they allege. The same night a man turned violent in Nedunkandam Government Hospital, Idukki district. Again, the staff managed to overpower him; the complaint of no police protection remains!
Media reports speak out about the past major attacks against hospitals and or health workers. For example, Dr Rahul Mathew was attacked in Mavelikkara District Hospital on May 14, 2021. Furthermore, Malu Murali was attacked in Government Fort Hospital, Thiruvananthapuram, on August 6, 2021.
1. Dr Sarathchandra was attacked by a gang led by the Panchayath president on October 26, 2021, at the vaccination centre in Kainakari, Alappuzha, due to an altercation regarding vaccination.
2. Dr Unnikrishnan and Staff nurse Shyamili were attacked at Neendakara Taluk Hospital, on June 22, 2022, by a gang armed with weapons.
3. Dr Sanooj was attacked on August 2, 2022, at Parashala Taluk Hospital concerning disputes about wearing a mask.
4. Dr M Ganesh was beaten by a team led by the panchayat president at Sasthamkotta Taluk Hospital on October 16, 2022.
5. The ambulance driver manhandled Dr Baby on October 30, 2022, at Chalakkudy Taluk Hospital.
6. Dr Asokan was attacked at Kozhikode Fathima Hospital, on March 4, 2023, for the death of a newborn allegedly owing to faulty treatment.
7. On March 18, 2023, Dr Dahar Mohammed of Noolppuzha Family Health Centre, Wayanad, was attacked by the husband of a casual labourer for questioning her for failure to discharge her duties properly.
Reports suggest similar incidents have occurred in different parts of the State. The latest reports suggest Indian Medical Association and Kerala Government Medical Officers Association withdrew the 48 hours strike based on an assurance obtained from the Government during their meeting with the Chief Minister that an ordinance would be promulgated amending the Hospital Protection Act to ensure the safety of the health workers. However, they will keep away from the VIP Protection duties. However, PG doctors and House Surgeons will continue the strike.
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