Violence Against Doctors: Why Police Treat Accused With Kid Gloves in Hyderabad?

Day Two: TJUDA members led by Dr G Srinivas protesting with effigies of OGH superintendent & RMO 

Hyderabad: For the men in khaki in Hyderabad, a little knowledge could be a dangerous thing as it can even subvert the course of justice in cases involving violence against doctors,  medicos and other para-medical personnel in hospitals.

Believe it or not, this has already happened in the case of Sunday's assault on three Osmania Medical College (OGH) medicos including two female house surgeons by Warasiguda resident and painter Nadeem, following the unfortunate death of his mother Nazeema Begum at the hospital.

Though Nadeem was picked up from his home by Afzalgunj police, what's strange is that they registered  cases against the accused by invoking just the Indian Penal Code (IPC) rather than the specially enacted and more stringent Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008.


This is because the maximum punishment for offences under IPC sections 354 (assault or use of criminal force to outrage modesty of a woman) and 353 (assault or use of criminal force to deter a public servant from discharging his or her duty) is two years imprisonment and fine (whose  amount is undefined under law).

How offence under special Act is different?

This is completely contrary to section 4 of Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 that has enhanced fine amount besides imprisonment by more than a year. 


The section reads: Any Offender who commits any act in contravention of Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, shall be punished with imprisonment for a period of three years and with fine which may extend to fifty thousand rupees.


In fact, section 3 of the Act makes all offences cognizable and non-bailable too, meaning that people like Nadeem can be arrested whenever and wherever police spots him without giving him the benefit of bail from courts easily.

But here is the million-dollar question: Why the Afzalganj police did not invoke the special act against Nadeem and other co-accused?

Well, it seems the police personnel are not too through with the laws themselves as is what is being informed by Telangana private hospitals & nursing homes' association (THANA).

"The police are trained in registering cases in a routine manner. Last year, we had to put our weight to ensure they registered cases under the stringent sections when doctors were attacked by attendants in Vanasthalipuram and LB Nagar," said Dr B Narender Reddy, city president of Telangana Private Hospitals and Nursing Homes Association (THANA), Hyderabad.

When contacted, Dr G Srinivas, TJUDA advisor, rued the lengthy legal battles in court to get justice in cases of violence against medicos. "It was in the year 2000 when six people assaulted medicos at Niloufer hospital but they could be sent to jail only last year," he said, while calling for invoking stringent sections of the special Act.

For the record, the Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 covers not just medicos and doctors but all registered nurses, nursing students and para medical workers employed and working in medicare service institutions.

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