Kerala HC Upholds Sanctity of Hospitals, Terms Vandalism 'Unacceptable' in Landmark Ruling

The Kerala High Court has emphasized the importance of safeguarding hospitals, referring to them as "temples of modern society" that must be shielded from vandalism through strict legal action. Justice PV Kunhikrishnan made this remark while granting bail to an individual accused of damaging an Ayurveda hospital in Thiruvananthapuram on December 7, with an estimated loss of Rs 10,000.

As a condition for bail, the accused was required to deposit Rs 10,000 with the court. If acquitted, the deposit will be returned; however, if found guilty, the amount will be used to compensate the hospital for the damages. Justice Kunhikrishnan also recommended that the state legislature amend the Kerala Healthcare Service Persons and Healthcare Institutions (Prevention of Violence and Damage to Property) Act, 2012, to include similar conditions for bail in such cases.

The court highlighted that hospitals are not mere buildings but symbols of healing and hope. It stressed that any vandalism in these institutions should be met with firm legal action from both law enforcement and the judiciary. The court acknowledged that hospital staff often face criticism or accusations of negligence, but it emphasized that such grievances cannot justify the destruction of hospital property.

Hospitals, the court stated, are places where individuals seek health and wellness, akin to places of worship, and therefore, any form of destruction in these spaces must be prevented through strict legal measures.

In this case, the accused faced charges of criminal trespass, use of obscene language, causing damage, and injuring hospital staff. The court noted that hospitals are increasingly dealing with incidents of trespassing and vandalism, often due to dissatisfaction with medical staff. However, it stressed that the destruction of hospital property can never be justified.

The court further pointed out that under the Kerala Healthcare Service Persons and Healthcare Institutions (Prevention of Violence and Damage to Property) Act, 2012, offenses like property damage in healthcare institutions are considered serious and non-bailable, demonstrating the legislature’s intent to combat such vandalism.

Relying on previous rulings, the court observed that when a person is accused of causing damage to public property, including hospital property, they should be required to deposit an amount equal to or greater than the value of the destruction as a bail condition. Justice Kunhikrishnan applied this principle to the present case, directing the accused to deposit Rs 10,000. If found guilty, this amount could be used for compensation or fines, and if acquitted, it would be refunded.

Moreover, the court recommended that the legislature consider adding this bail condition to the 2012 Act. It also instructed the Registry to send a copy of the order to the Chief Secretary of Kerala for appropriate action.

(Input from various sources)

(Rehash/Sai Sindhuja K/MSM)