Obstruction of healthcare workers from discharging their duties is a non-bailable offence - Kerala HC

Case:  Arun P v State of Kerala

Court: Justice Bechu Kurian Thomas of Kerala High Court

Recently, the Kerala High Court held that obstruction of healthcare workers from discharging their duties, whether physical assault or not, is a grave non-bailable offence under the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (the Healthcare Act). The HC observed that the legislative intent behind the Act was to curb violence against healthcare providers. The HC held that the purpose of the Act and the broad meaning ascribed to the word 'violence' could not be ignored when considering an application for pre-arrest bail.

FACTS

The HC passed the order in an anticipatory bail application moved by a man after being accused of threatening and restraining a doctor while she was on duty. Advocate R Sreehari, appearing for the petitioner, argued that the petitioner should be granted anticipatory bail as the allegations in the FIR reveal a minor offence, especially since no assault had taken place.

Public Prosecutor, KA Noushad, submitted that even though the offences under the Indian Penal Code are bailable, those under the Healthcare Act are not.

HELD

In its opinion, the Court agreed with the Prosecutor, stating that for the Healthcare Act to achieve its purpose of protecting healthcare workers and infrastructure, the Court must take into account the wide definition of the term 'violence'. Failing to do so could lead to deteriorating health services on a large scale.