Plea in Supreme Court seeks guidelines for protection of doctors against physical assault

Supreme Court

Photo courtesy: legalbites.in

New Delhi: A plea was filed Tuesday in the Supreme Court seeking comprehensive guidelines for the protection of doctors. These days, doctors are being physically assaulted regularly on the issues relating to the treatment of patients.

The PIL was filed by Indian Medical Association (Dwarka). It has also sought direction to the Centre and others for evolving a mechanism to compensate the family and dependents of doctors who lose their lives in the cause of public service.

The plea referred to a recent incident of the death of a doctor in Rajasthan. It said the doctor had ‘fallen victim’ to harassment allegedly through the relatives of patients.

“The instant public interest litigation under section 32 of the Constitution of India is necessitated on account of continuous assaults on treating doctors under the cover of medical negligence across the country on a regular basis,” the plea, drawn by advocate Shashank Deo Sudhi, said.

It said the incident in Rajasthan has stirred widespread protest across India by a large number of doctors fearing for their lives. They are asking for protection from the government so that they are not harassed or tortured after treatment of patients.

It said the doctor in Rajasthan was ‘forced to commit suicide’ March 29. The plea said the petitioner association has been continuously requesting the concerned authorities for the protection of treating doctors.

“It is further submitted that the doctors had played a pivotal role as corona warriors during widespread of deadly Covid-19 across India. Their humanitarian services have been acknowledged and recognised by all sections of society across the world,” the plea said.

The petitioner association claimed that they are constrained to approach the apex court highlighting the non-application of mind on the part of the state police of Rajasthan where an FIR has been registered under section 302 (murder) of the Indian Penal Code against the doctor.

“There is an urgent need for laying down comprehensive guidelines for immediate protection of treating doctors in a circumstance when there is an allegation of medical negligence on a doctor and the treating doctor is constantly being exposed to threats from the attendants of the patients as well as the local police,” it said.

 

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