Include Hospital Security Personnel Within Scope Of Kerala Healthcare Service Persons Act: High Court Proposes To State

The Kerala High Court on Wednesday suggested the inclusion of security guards and managerial staff of hospitals within the ambit of the Kerala Healthcare Service Persons and Healthcare Services Institutions (Prevention of Violence and Damage to Property) Act 2012. 

A Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath was considering a matter where several attacks on medical personnel were brought to the fore:

"The Counsel for the Association has pointed out a relevant issue of attacks being unleashed on security guards of medical institutions. We think this is a matter the State must consider."

The observation came in a plea filed by the Kerala Private Hospitals Association challenging the charges fixed by the State for Covid-19 treatment in private hospitals. The matter will be taken up again after two weeks. 

In this perspective, Senior Government Pleader S. Kannan sought more time to submit his arguments based on the Government Order issued on 16th October.  

The Court responded that a quick solution was necessary to stay on guard in case a third wave of the Covid-19 pandemic hits the State: 

"We are the first people to pray that India does not face a third wave. But we have to be ready for it. We have to expect the worst and be ready for it. It appears like China is experiencing a new wave now. Whatever comes our way, we have to be prepared."

Speaking for the petitioner Association, Advocate K. Anand invited the attention of the Court to an incident that transpired on 9th October wherein a security guard of a hospital was brutally attacked at Kottakal.

The Counsel submitted that although they attempted to register a case under the Kerala Healthcare Act of 2012, the police refused to do so citing that only registered medical personnel including doctors, nurses and paramedics were protected under the Act, and that attacks on security personnel did not fall within the ambit of the legislation. 

It was argued that every time an attack or any untoward incident occurs at a hospital, the first person to reach the spot are the security guards, followed by the managerial staff and the receptionists. He argued that this puts them at equal risk to urge that they may be included within the scope of the Act. 

The Court initially suggested that the petitioner could try moving under IPC since the Code provides for several stringent measures in such cases, considering that it cannot expand the scope of the Act.

However, later on, the bench decided that it was a matter that could be considered by the State government since the said groups of people are obviously exposed to attacks as mentioned by the Counsel. 

Case Title: Kerala Private Hospitals Association v. Advocate Sabu P Joseph