No Bail, but Jail for Attackers : Great relief to the Doctors. A judgment that may set the trend.

"Bail is a rule and Jail is an exception" - This is the Cardinal principle of Criminal Law. But when the facts of the case fall under such 'exception', then there is no other option but to send the culprits to the Jail.

In these  days where incidences of attacks on Doctors and on Hospitals  in all over the Country have become rampant, a sigh of relief has come by way of a Judgment in Palghar (Maharashtra) Court which has awarded 1 year imprisonment and fine to total 13 accused for attacking a Doctor and causing damage to the Hospital.  

It would be perhaps the 1st judgment that has been passed under the Maharashtra Medicate Service Persons and Medicare Service Institutions (Prevention of Violence and damage or loss to the property) Act, 2010.

Please see the following link for the news.:

https://www.outlookindia.com/newsscroll/mhcourtdoctor-attacksentence/1442134

The Facts of the case in nutshell are such that  a 70 years old patient with sever chest pain was admitted to the Hospital, but before the Doctor could arrive, the patient took his last breath. The angry relatives attacked the Doctor, damaged the primary health center. Not only this but the mob also damaged car of Block Development Officer. 

The prosecution proved the offense of all the accused and the Chief Judicial Magistrate held all the accused guilty. 

The Effect of violence :

 The Effect of violence against Doctors is manifold. It has physical, psychological, monetary impacts. There have been instances where the Doctors were brutally attacked to death. It creates tremendous fear amongst them and a kind of negative feeling towards the profession. Already many of Sr. Doctors are advising their children not to join medical field. This is an alarming situation. Till last year there were about 53 incidences of attack on Doctors, but no conviction (https://mumbaimirror.indiatimes.com/mumbai/cover-story/53-doctors-attacked-in-two-years-not-a-single-conviction/articleshow/57761708.cms)

Dual pressure on Doctors :

At one hand the Doctors are under pressure of being prosecuted and at other end they are under constant fear of being attacked. No other professional would be under such pressure like medicos. Doctors are caught in vicious circle. When Doctors are attacked , natural reaction of Doctors is to go on strike. If they go on Strike, Courts have in catena of judgments have declared that there is no right to go on strike. Thus the Central Govt. should bring effective legislation to curb the menace of attack on Doctors.

Perhaps, the first conviction under the Act :

As far as Maharashtra State is concerned, it has passed the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage or loss to the property) Act, 2010. The name of the Act itself indicates the intention behind passing of the Act. The Provisions of this Act are applicable in addition to other legal provisions. Lets see the salient features of the Act in nutshell.

 The Act gives protection to : 

Doctors, Medical Students, Nursing Students, Nursing Staff, the Hospital, the Hospital staff, any worker directly or indirectly employed by the Hospital, Para-Medial Staff. Mobile Medical Unit i.e. the Ambulance, Movable and Immovable property of the Hospital.

So the Act has covered almost everybody who is prone to violence. 

What is violence? 

As per Sec.2(i) of the said Act “violence” means an act which an act which causes or may cause any harm or endangering the life of, or intimidation, obstruction or hindrance to any of the above referred person (i.e. Medical Service Person) whom the protection is given as well as causing damage to the property of the Hospital (i.e. Medicare Service Institution) Punishment provided for : The Offender is liable fro punishment of 3 years imprisonment and/or fine, which may extend to Rs.50,000/-. In addition thereto, the Offender is also liable to pay compensation of twice the amount of damage or loss caused to the property. If the offender fails to pay such compensation, the arrears shall be recovered as Land revenue i.e. first preference will be given over other creditors.

The Criminal Law principle says "Bail is a rule and Jail is an exception". The facts of the case in hand fall under the category of exception and this Jail sentence has been awarded to the Accused. If the aforesaid Act is applied in stricto-senso,  then it shall act as a deterrent against such attacks.  

Conclusion :

Shri. Swami Vivekananda once very rightly said, "The medical science has its limitations. There is no technique or method which will tell you 100% correct 'Medical Bhavishya (astrology)' of anyone. Thus Drs., who on the basis of their skill, knowledge and intelligence treat their patients if not to be worshipped as God, then they are also not to be condemned as Devil too" Even if we are moving towards digital India, human intervention on all spheres of life is inevitable. Mind well Internet cannot be the alternative to the Doctors or any other professional. 

In Sanskrit it is said Dharmo Rakshati Rakshitah which means if you save the Dharma (good cause), it will save you in turn. Replace the word Dharma with Doctors.

Also to be kept in mind that the convicts have right of appeal right upto Hon. Apex Court. 

Nevertheless the case in hand is the first step, that might prove as a trend setter.

Thanks & Regards, 

Adv. Rohit Erande. 

Pune. 

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