Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance

Obstruction Of Healthcare Workers From Discharging Duty Heinous offence: Kerala HC

07 May 2024 8:19 AM

By: Admin


D.D: 20 JUNE 2022

Even in the absence of physical assault, the Kerala High Court recently ruled that obstructing healthcare workers from performing their duties is a heinous, non-bailable offence under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (the Healthcare Act) [Arun P v State of Kerala].

Justice Bechu Kurian Thomas noted that the intent of the law was to prevent all forms of violence against healthcare professionals.

"The definition of the word 'violence' in Section 2(e) is intended to give the term the widest possible scope.... any harm, intimidation, obstruction, or hindrance to a healthcare service provider in the performance of their duties is considered violence." Section 3 of the Healthcare Act prohibits violence against healthcare service personnel, and section 4(4) of the Act makes it non-bailable. The intent of the legislature is crystal clear. In its order, the Court remarked that any act of intimidation, obstruction, or impediment against a healthcare worker must be stopped.

In evaluating an application for pre-arrest bail, the Court ruled that the intent of the statute and the broad interpretation of the term "violence" cannot be disregarded.

"The statute considers any obstruction or impediment to a healthcare worker to be a serious offence. "Therefore, it cannot be held that the absence of an assault on the physician entitles a person charged with a violation of the Healthcare Act to pre-arrest bail," the order stated.

The order was issued in response to a man's application for anticipatory bail after he was charged with allegedly threatening and restraining a doctor while she was on duty.

He was charged with violating Sections 341 (wrongful restraint), 353 (assault or criminal force to deter a public servant from performing his duty), and 506 (criminal intimidation) of the Indian Penal Code (IPC), as well as Sections 3 and 4(1) of the Healthcare Act.

Advocate R Sreehari, representing the petitioner, argued that the petitioner should be granted anticipatory bail because the allegations in the first information report (FIR) alleged only a minor offence and no injury or assault had occurred.

On the other hand, Public Prosecutor KA Noushad pointed out that even though IPC offences are bailable, Healthcare Act offences are not.

The Court agreed with the Public Prosecutor that, in order for the Healthcare Act to accomplish its goal of protecting healthcare workers and infrastructure, the Court must keep in mind the expansive definition of the term 'violence'

Any failure to do so could result in the deterioration of public health services on a massive scale.

"A physician with apprehension, a surgeon with trembling hands, and a distressed nurse can lead to erroneous diagnoses, unsuccessful surgeries, and inadequate nursing care." Several patients' lives may be in jeopardy. "Therefore, the general public can become prejudiced," the Court concluded.

In accordance with its interpretation of the legislative mandate, the Court denied the petitioner's request for anticipatory bail.

Arun P

versus

State of Kerala

Latest Legal News