"We Cannot Direct Legislation": Apex Court Refuses To Entertain Plea By Delhi Medical Association Seeking Directions To Prevent Violence Against Doctors

The Supreme Court, today, refused to entertain the petition filed by the Delhi Medical Association under Article 32 of the Constitution seeking directions and relief in cases of violence against the doctors. 

The Bench of Justice Sanjiv Khanna, Justice Sanjay Karol and Justice Sanjay Kumar ordered, "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 remarked, "I went to the hospital recently and saw placards placed there saying violence against doctors is a serious offence."

Senior Advocate Vijay Hansaria, for the Association, submitted, "What I am submitting, for your consideration, that after any incidents happen, individual cases are filed and action is taken. The question is what preventive measures and precautionary measures are being taken..."

Justice Khanna said, "We cannot direct legislation."

Hansaria stated, "If legislation is there, then Your Lordships can fill the gaps."

Justice Khanna replied, "No no sorry."

Hansaria said, "The Legislation does not cater to the requirement...I know Lorships would not direct Legislation, legislation for conviction is there."

Justice Khanna replied, "The Law is already in place because anybody who indulges in violence will be treated in accordance with the provisions of the IPC...The only question is of implementation. The Court cannot issue mandamus."

Hansaria also informed the Court about the similar violence incidents in Guru Teg Bahadur Hospital. 

Justice Khanna remarked, "Every hospital and causality has a police official."

Accordingly, the petition was dismissed.

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