Exigency For A Protocol For Producing People In Custody Before Medical Practitioners
- IJLLR Journal
- Sep 8
- 2 min read
Tessa Sera Abraham, B.A.LL.B. (Hons.), Amity Law School, Amity University Mumbai
Sreejesh Santosh Nair, B.A.LL.B. (Hons.), Amity Law School, Amity University Mumbai
ABSTRACT
A study by the Indian Medical Association (IMA) revealed that more than 75 per cent of doctors have faced violence at work. Physical violence against healthcare personnels in their line of duty is detrimental to the well-being of the society. Not having sufficient protocols to protect the lives of those who work to save the lives of the public is reprehensible.
Assault against medical professionals by those in police or judicial custody is deemed to be a matter of systemic failure. Lately, the murder of Dr. Vandana Das and the attack on the hospital staff in Kerala has gained national attention due to the callousness and misgovernance of the State. There is deep concern about the safety of healthcare personnels as the existing laws, regulations or protocols do not aptly lay down a systematic procedure for producing people in custody before medical practitioners and dreaded criminals are cut loose, endangering the lives of the life savers.
Violence against medical professionals has increased over the years across the world. While some countries and some states within India have enacted laws for protection of medical practitioners, it is hardly utilized by the law enforcement authorities. It also does not explicitly address the manner in which people in custody shall be presented before medical practitioners, thereby risking the lives of the medicos who cater to their health requirements. This establishes the need for a protocol for presenting the people with a criminal or disturbed state of mind before medical practitioners.
Keywords: Medical practitioners; Workplace violence; Healthcare; Criminals; Legislation; Protocol; State; Patient aggression.
