Kerala High Court Security Personnel Health Staff

Swarna Shukla

Published On: October 28, 2021 at 10:00 IST

The Kerala High Court 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.

The Division Bench of Justice Devan Ramchandran and Justice Kauser Edappagath passed the order on a Review Petition filed by the Kerala Private Hospital Association against the fixing of charges for COVID treatment in private hospitals.

The Court responded that a quick decision was necessary as the third wave of the COVID-19 Pandemic hits the State.

The Court stated, “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 Chin is experiencing a new wave now. Whatever comes in our way we have to be prepared.”

Advocate K Anand, representing the Petitioner drew attention of the Court to the violent attack on Security Guard on 9 October.

Although the case was registered under the Kerala Healthcare Act 2012, the Police refused to do so, stating the reasons that Doctors, Nurses and Paramedics are protected under the Act.

It was contended that there’s a risk on Security Guards life as he’s the first person to reach on the incident if any attacks on the hospitals takes place.

The Court at first suggested the Petitioner could try moving under the Indian Penal Code, however later the Bench decided that the matter could be considered by the State Government.

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