Doctor murder systemic failure, need protocols to prevent such cases: Kerala HC

Dr Vandana Das, posted at a government hospital in Kollam district, was stabbed to death Wednesday by a school teacher, who was brought to the hospital by the police for medical examination.

dr.vandana murder, kerala high court, indian express

Kerala HC directs state police to establish protocol for medical examinations of persons in custody following Dr. Vandana Das murder. (File)

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A day after a woman doctor on duty at a government hospital in Kollam was murdered by a man taken by police for a medical examination, Kerala High Court on Thursday said the incident points at a “systemic failure” and observed that protocols will have to be immediately evolved on the manner in which doctors, healthcare professionals, students, interns, house surgeons and others in the field are to be protected because, otherwise, “the faith in the system will surely erode”.

Dr Vandana Das, who was posted at a government taluk hospital in Kollam district’s Kottarakkara as part of her internship, was stabbed to death by S Sandeep, a school teacher who was brought to the hospital by police for medical examination.

Also Read | Young doctor’s murder in Kerala angers High Court: ‘Breakdown of system meant to protect her’

In a special sitting, the bench of Justices Devan Ramachandran and Kauser Edappagath on Thursday directed the state police chief to evolve sufficient and effective protocols regarding the manner in which people in custody — accused or otherwise — are to be taken to hospitals as part of the criminal justice system. “It would be apposite to reflect upon the protocols that are applicable in the case of the production of accused before a magistrate,” the court said. “We must, however, say that even the protocols with respect to magistrates are extremely lacking, and it is only a matter of providential grace that we have yet to come across a situation where such an officer is attacked.”

Until a protocol is in place, the court directed police to ensure that effective security is provided in all hospitals in the manner as is legally possible, so as to avoid any further incidents or attacks.

It noted, “There can be little doubt that the killing of a young doctor by a person who was in custody of the police — be that as an accused or in any other capacity — points at a systemic failure…. For some reason, Vandana Das was alone in the observation room at the particular point of time, which opportunity was seized by the accused to repeatedly stab her.” Stating that this “gruesome incident should have never happened”, the bench said: “As matters now stand, lack of protocols or inefficiency…can never be impelled as a reason to justify another crime. For the time being, every protocol applicable for production of the accused or persons in custody of police before the magistrate shall apply in the case of the production of such persons in hospitals or before doctors or healthcare professionals concerned.”

State police chief Anil Kanth, who had appeared in court, informed the bench that the government will consider whether members of the State Industrial Security Force can be deployed at hospitals.

The court would consider the matter next on May 23.

Shaju Philip

Shaju Philip is a Senior Assistant Editor at The Indian Express, where he leads the publication's coverage from Kerala. With over 25 years of experience in mainstream journalism, he is one of the most authoritative voices on the socio-political, religious, and developmental landscape of South India. Expertise, Experience, and Authority Decades of Regional Specialization: Shaju has spent more than two decades documenting the "Kerala Model" of development, its complex communal dynamics, and its high-stakes political environment. Key Coverage Beats: His extensive reporting portfolio includes: Political & Governance Analysis: In-depth tracking of the LDF and UDF coalitions, the growth of the BJP in the state, and the intricate workings of the Kerala administration. Crime & Investigative Journalism: Noted for his coverage of high-profile cases such as the gold smuggling probe, political killings, and the state’s counter-terrorism efforts regarding radicalization modules. Crisis Management: He has led ground-level reporting during major regional crises, including the devastating 2018 floods, the Nipah virus outbreaks, and the Covid-19 pandemic response. ... Read More

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