Srinagar: The J&K High Court has sought a status report about complaints received by Government of India from professionals other than healthcare workers who have reported violence, threat or abuse.
This information has been sought by the court after the Ministry of Health and medical education had declined to pass legislation for safety and care of doctors reasoning out that other professionals will seek the same remedy.
The court of Chief Justice Gita Mittal and Justice Rajnesh Oswal while hearing the matter directed Assistant Solicitor General of India (ASGI), Vishal Sharma to get the information and file the same before court on June 10, the next date of hearing.
In the meantime, President Doctor’s Association of Kashmir (DAK) Dr Suhail Naik told the court that he is the “democratically elected president” of the DAK which is an amalgam of over 3,000 doctors and sought enactment of specific law/legislation for safety and well-being of health care workers.
Earlier a report filed by Dr Nisar-ul-Hassan stating to be president of the Association had said in his reply that there is no need for a separate legislation as it will strain the relationship of a doctor with his patient.
The court while hearing said, “It is not necessary for us to go into this controversy.”
The court said that the issue under consideration is of public importance. “Therefore, we permit Ateeb Kanth representing Dr Nisar-ul-Hassan to assist this court on this issue,” the court said.
But the court made it clear that permission to Ateeb Kanth to make submissions is not recognition of Dr Nissar as a president of DAK.
“The views of the Doctors Association of Kashmir through its president Dr Suhail Naik which have been filed by Shuja-ul-Haq are taken on record,” the court noted.
Meanwhile, Doctors Association Kashmir led by Dr Suhail Naik said that it has time and again highlighted the need for a specific law which would cover acts of violence and punish the culprits who take law into their hands and create unnecessary impediments/hurdles/interferences into the discharge of their duties whether in hospital premises or beyond.
The response by the association sought adequate security to the health care personnel/doctors and clinical establishment etc.
“In this regard the public should be made aware about the nature of the offences and the punishment carried there on,” the DAK said.
It was prayed before court that the government should give clear instruction to all the Police Stations and the responsible officers to take prompt and quick action under the Epidemic Diseases Act (amended in 2020).
“All actions taken by the Police Stations and police officers under the Epidemic Diseases Act (amended in 2020) should also be given wide publicity so that it may act as a deterrent for others,” the association said. .
It was submitted by the DAK that the government should consider passing of a separate legislation on the same lines of the draft bill ‘Health Services Personnel and Clinical Establishments (Prohibition of Violence and Damage of Property) Bill’ as was proposed by the Ministry of Health, Government of India so that for all times to come health care personnel/workers discharge duties without any fear or confusion.

NUSRAT SIDIQ