WHY DO DOCTORS WANT A CENTRAL LAW TO PROTECT THEMSELVES AGAINST ATTACKS & VIOLENCE?
Doctors in India have been demanding for a central law to protect themselves from violence, particularly following the tragic rape-murder of a junior resident at RG Kar Medical College in Kolkata.
- The incident sparked protests, with healthcare professionals demanding stringent legal measures to safeguard their safety.
- Despite some doctors calling off their protests after Supreme Court intervention, tensions remain high, with ongoing agitation in certain areas.
REASONS FOR DEMANDING A CENTRAL ACT
- Prevalence of Violence:
- Frequent Incidents: Violence against healthcare workers is a recurrent issue across India. Reports indicate that over 75% of doctors have experienced some form of violence, with physical attacks affecting around 12%.
- Specific Cases: Between January 2018 and September 2019, the Vidhi Centre for Legal Policy documented at least 56 incidents of violence against healthcare professionals.
- Need for Specialized Legislation:
- Current Laws: While existing laws address violence, doctors argue that these are insufficient. They seek a specific law with harsher penalties and larger fines tailored to their unique working conditions.
- ‘The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019’: A draft law prepared after nationwide protests proposed imprisonment from six months to ten years and fines ranging from Rs 50,000 to Rs 10 lakh, depending on the severity of the offense. However, this draft was rejected during consultations with the MHA.
- Support from Medical Community:
- Padma Awardees’ Petition: In August 2023, 70 Padma awardee doctors urged Prime Minister Narendra Modi for the enactment of a central law, emphasizing the unique and hazardous conditions faced by healthcare professionals.
- Concerns Highlighted: Harsh Mahajan noted the harsh conditions, including long working hours and inadequate security, which increase the risk of violence against doctors.
CENTRE’S STAND
- Existing Laws and Their Limitations:
- State Laws: There are already 26 state laws addressing violence against healthcare workers, with provisions for cognizable and non-bailable offenses. However, these laws have not effectively deterred attacks.
- Systemic Issues: Health Ministry officials argue that systemic improvements, such as better security and surveillance in hospitals, are needed. They suggest that a new central law might not address the core issues, as exemplified by the RG Kar incident being a criminal case beyond the purview of a specialized law for healthcare workers.
- Criticism of the 2019 Draft Law:
- Rejection Reasons: The 2019 draft law was rejected due to concerns about overlapping provisions with the penal code, insufficient stakeholder consultation, and federalism issues. The draft was never published for public feedback.
- Private MPs’ Bills: Various private MPs have proposed similar bills over the years, including Shrikant Eknath Shinde (2019), DNV Senthil Kumar (2022), and Shashi Tharoor (2023). Despite these efforts, no comprehensive central law has been enacted.
- COVID-19 Ordinance:
- Temporary Measures: In response to increased violence during the pandemic, the government introduced an Ordinance in 2020 amending the Epidemic Diseases Act. This Ordinance included provisions for imprisonment up to seven years and fines up to Rs 5 lakh, highlighting the severity of the issue.
THE 2019 DRAFT LAW
- Penalties for Violence:
- Imprisonment: Six months to five years, with more severe cases involving “grievous hurt” attracting three to ten years.
- Fines: Ranging from Rs 50,000 to Rs 5 lakh for general cases and Rs 2-10 lakh for serious offenses.
- Property Damage: Compensation was set at twice the fair market value of damaged property.
RECENT INSTRUCTIONS FOR HEALTHCARE PROFESSIONALS
In response to the Kolkata incident, the Union Ministry of Health and Family Welfare has mandated enhanced security in healthcare facilities. Key recommendations include:
- High-Resolution CCTV Cameras: Installation across key areas to monitor and deter potential threats.
- Control Rooms for Emergency Response: To ensure quick and effective handling of emergencies.
- Secure Duty Rooms and Transport: Enhanced safety measures for female healthcare professionals.
- Training for Security Personnel: Ensuring guards are well-trained in handling emergencies and maintaining security.
- Coordination with Local Authorities: Improved collaboration with local police and emergency services for a swift response.
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