Supreme Court Dismisses Doctors’ Plea Seeking Legislative Action Against Violence: “We Cannot Direct Legislation”

The Supreme Court refused to entertain a petition filed by the Delhi Medical Association under Article 32 of the Constitution, which sought directions and relief concerning violence against doctors.

Court’s Decision

The Bench comprising Justice Sanjiv Khanna, Justice Sanjay Karol, and Justice Sanjay Kumar stated, “We are not inclined to entertain the present writ petition under Article 32 of the Constitution of India. In case there is any difficulty or issue in this particular case, the Association of Doctors can take up the issue before the competent jurisdiction.” Justice Khanna added that he had observed placards at a hospital indicating that violence against doctors is a serious offense.

Petitioner’s Argument

Senior Advocate Vijay Hansaria, representing the Delhi Medical Association, argued that while individual cases are filed and action is taken post-incident, there is a lack of preventive and precautionary measures to address the issue. He urged the court to consider these preventive steps.

Court’s Response

Justice Khanna responded, “We cannot direct legislation.” Hansaria suggested that if legislation exists, the court could address gaps. Justice Khanna firmly replied, “No, no, sorry.” Hansaria argued that the existing legislation does not adequately address the requirement, despite acknowledging that the law for conviction exists. Justice Khanna reiterated that the law provides for punishment under the Indian Penal Code (IPC) for anyone indulging in violence and emphasized that the court cannot issue a mandamus in this regard.

Hansaria also mentioned similar incidents of violence at Guru Teg Bahadur Hospital. Justice Khanna noted, “Every hospital and casualty has a police official.” Consequently, the petition was dismissed.

Case Title: Delhi Medical Association v. Union of India (W.P.(C) No. 725/2021)