No it shouldn't be removed. It's there to prevent exactly what you're proposing. You are aware of the penalty, therefore your choices are to accept it, or get through the instance. Without the penalty, far too many players would leave on a moments notice for who knows how many reasons why.

I suggest you try to help in anyway you can to get a struggling group through an instance. If it's truly a hornets nest, then just accept the penalty. It's nowhere as bad as being grouped up with a bunch of jerks.