Kerala Cabinet approved new guidelines on medico-legal protocols brought out by the Home Department.A statement issued by the Chief Minister’s Office said that the Kerala Health Care Services (Prevention of Violence and Damage to Property) Act 2012 will be amended to ensure the safety of health workers. Apart from this, police posts will also be established in major hospitals of the state.It is noteworthy that the female surgeon was murdered by an alleged drug addict whom she was treating.Earlier, the Kerala High Court had termed the murder of a doctor by stabbing a patient as a result of ‘systemic failure’.
Points of amendment in the medico-legal protocol
- When persons (arrested persons or remand prisoners) are produced before doctors for medical/medico-legal examination, the doctors have to provide security.
- When police officers are detaining a person, they have to collect sufficient information.
- To observe the person closely, what is the physical, mental condition of the person and whether he is sick or not. Whether he is a substance abuser or not etc.
- If the person is taken directly to the hospital for medical examination, the mental/physical condition of the detained person should be informed to the police station.
- The same information should also be given to the hospital staff before the person is taken there.
- A breathalyzer should be used before a person is taken for medical testing.
- The guidelines state that the police will ensure that the detained person should not be in possession of any type of weapon or equipment.
- Adequate number of policemen should accompany the person being taken for medical examination.
- As per the provisions of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2023, the FIR should be filed within an hour and the charge sheet should be submitted to the court.