Kerala government approves ordinance amending Hospital Protection Act 2012, stringent penal provisions added

Exactly a week after the murder of house surgeon Vandana Das, the State Cabinet on Wednesday approved the ordinance, amending the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.

Exactly a week after the murder of house surgeon Vandana Das, the State Cabinet on Wednesday approved the ordinance, amending the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012, by including stringent penal provisions against the perpetrators of violence against hospitals and expanding the scope of the definition of healthcare workers.

The ordinance will be sent to Governor Arif Mohammed Khan for his approval and promulgation as law.

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Section 4 of the Act, which deals with penalty for perpetrating violence against hospitals and healthcare workers has been amended so that offenders who attempt to commit violence or persuade another to commit violence against hospitals and healthcare staff will be punishable with imprisonment not less than six months to a maximum of five years and fine not less than ₹50,000 to a maximum of ₹2 lakhs

Any offender who commits serious physical violence against a healthcare worker will be punishable with imprisonment not less than an year, up to a maximum of seven years and a minimum fine not less than ₹1 lakh up to a maximum of ₹5 lakhs.

The original Act “loosely” stated that offenders will be “punishable with imprisonment for a period which may extend to three years and with fine which may extend to Rs. 50,000”.

The amendment also fulfills the most important and vociferous demand of the medical fraternity that a definite time frame be fixed for the completion of the investigation of cases registered under the Act and the sentencing of the accused.