Bill for Protection of Doctors Introduced in Rajya Sabha: Check out Key Points

Introducing the bill in the Rajya Sabha during her Zero Hour submission, Khan said that the object of the Bill is to set up a strong legal deterrent against all forms of violence against healthcare workers, ensuring a safe and conductive working environment in the healthcare sector. She added that the bill aims to provide uniform protection across States, filling the legislative gaps that currently exist and reinforcing the safety, security and dignity of healthcare workers in India.

"Violence against healthcare workers is a growing and systemic issue in India, encompassing physical assaults, verbal abuse, bullying and sexual harassment. According to the Indian Medical Association, healthcare workers are four times more likely to face injury or require time away from work due to violence compared to other sectors. Shockingly, over 75 per-cent. of doctors have reported experiencing some form of violence, with 68.33 per-cent. of incidents having been perpetrated by patients' attendants or escorts," MP Khan mentioned in the objects and reasons of the Bill.

Khan explained that violence manifests in multiple forms, including verbal abuse, telephonic threats, physical assaults, murder and arson. These attacks, according to Khan have severe psychological consequences for healthcare workers, causing insomnia, anxiety, depression and fear, ultimately affecting the doctors' ability to perform their duties effectively.

She pointed out that there have been multiple strikes and protests led by medical professionals across the country, in response to the increasing incidents of violence.

"The medical community has repeatedly called for stronger protection for healthcare workers, recognizing that violence against healthcare workers weakens the health system, affects patient care and needs urgent attention from all societal stakeholders. Although some States have enacted laws to address the issue, this legal framework remains fragmented. There is, therefore, an urgent need for a comprehensive national legislation that uniformly protects healthcare professionals across the country and ensures a zero-tolerance approach towards any form of violence against them," she added.

The Central Protection of Healthcare Workers and Medical Establishments from Violence Bill, 2025- Key Points:

(1) The bill has defined "medical establishment" as any healthcare institution or facility that offers services, facilities, or care requiring diagnosis, treatment (including curative, palliative and preventive), or management of illness, injury, deformity, abnormality, or pregnancy in any recognized system of medicine under the National Commission for Indian System of Medicine Act, 2020.

Hospitals, maternity homes, nursing homes, dispensaries, clinics, salatorium, blood banks, dental clinics, registered alternative medicine healthcare facilities, physiotherapy clinics, medical camps, first-aid posts, institutions or facilities engaged in pathological, bacteriological, genetic, radiological, chemical, biological investigations, or other diagnostic services, mobile medical units and ambulances that are fitted with medical equipment and used for providing healthcare services, teaching institutes, primary health centers, pharmacies, radiology and imaging centers, casualty and trauma care centers, health and wellness centers, management and consulting centers, e-medicine and telemedicine centers, any clinical establishment as defined in the Clinical Establishments (Registration and Regulation) Act, 2010 have been included in the definition of medical establishments.

Any establishment offering healthcare services and owned, controlled, or managed by the Central or State Government or a Department of such Government, Public Sector Undertakings or Autonomous Bodies of the Central or State Government, Public or private trusts, Corporations or societies registered under Central, Provincial, or State Acts, Local authorities, Single doctors practicing independently etc. have also been added in the definition of medical establishment.

(2) The bill's definition of healthcare worker is not limited to only medical practitioners registered with NMC, but it also includes duly registered practitioners of the Indian System of Medicine or Homoeopathy. Further, dentists, dental professionals, nurses, midwives, mental health professionals, paramedical and allied health professionals, medical and nursing students, community health workers, support staff, among others.

(3) Definition of Violence: 

Under the bill, "violence" means any act that causes or may cause harm, injury, intimidation, or endangerment to the life of healthcare worker, whether occurring within a medical establishment or outside it, and shall include, but not limited to,–

(i) physical harm through actions resulting in bodily injury, grievous hurt, or death to healthcare worker;

(ii) psychological abuse including verbal abuse or harassment intended to insult, humiliate, or provoke healthcare worker in the performance of their duties;

(iii) any interference that obstructs or hinders or prevents healthcare worker from carrying out their responsibilities, regardless of the location;

(iv) loss or damage to any property, medical equipment, or documents in the custody of or associated with healthcare worker or medical establishments; and

(v) harassment including any unwanted conduct that violates the dignity of healthcare workers, impacting their living and working conditions and affecting their ability to perform their duties effectively; or

(vi) any other activity that results in mental anguish, physical injury, or death to the healthcare service providers or beneficiary of healthcare services.

(4) Offences and Penalties: 

• Explaining the offences and penalties, the bill mentioned the following:

(i) No individual shall, by words, either spoken or written, or by signs or by visible representations or otherwise, engage in any act of violence against a healthcare worker, whether during the discharge of their professional duties or otherwise, or cause any damage or loss to any property, within or associated with, a medical establishment.

(ii) Any act of violence against a healthcare worker or damage to the property of a medical establishment under sub-section (1), which is motivated, whether wholly or in part, by considerations of caste, gender, religion, language, or place of birth, is hereby prohibited.

(iii) The appropriate Government shall, in consultation with the Central Government, notify and implement such measures, as may be necessary or expedient to prevent and mitigate any act of violence against healthcare workers and damage to property of medical establishments, ensuring that such acts are addressed and remedied at all levels of governance, as expeditiously as possible.

• Regarding the penalties, the bill mentioned the following:

(i) Whoever commits, abets or incites commission of any act of violence or damage in contravention of the provisions of section 3, shall be punished with imprisonment which shall not be less than six months but which may extend to five years, and with fine which shall not be less than fifty thousand rupees but which may extend upto five lakh rupees;

(ii) Whoever, while committing violence or damage as referred to under sub-section (1) of section 3, causes grievous hurt, as defined under section 116 of the Bharatiya Nyaya Sanhita, 2023, to any healthcare worker, shall upon conviction be punished with imprisonment for a term which shall not be less than three years, but which may extend to ten years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees.

5. Action Against Incidents of Violence: 

Addressing this, the bill mentioned the following:

(1) Notwithstanding anything contained in the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, upon receipt of a written complaint from the aggrieved healthcare worker the person in charge or head of the medical establishment, as the case may be, in which the healthcare worker is working, shall, within such period as may be prescribed, notify the officer in charge of the police station having territorial jurisdiction, regarding the commission of an offence under this Act, in such form and manner as may be prescribed.

(2) In the event of any violence against healthcare workers while on duty, the head of the establishment shall be responsible for causing an institutional First Information Report to be filed, within a period not exceeding six hours from the time of occurrence of such incident.

(3) Upon receipt of a complaint or information under sub-section (1), either from the medical establishment or an aggrieved healthcare worker, the police officer shall, notwithstanding anything to the contrary contained in the Bharatiya Nagarik Suraksha Samhita, 2023, register a First Information Report within one hour of receiving such complaint or information.

6. Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence punishable under this Act shall be cognizable and non-bailable, the bill proposed.

7. Manner of Investgation & Trial: 

(1) (i) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, any case registered under this Act shall be investigated by a police officer not below the rank of Inspector; (ii) The investigation of each such case shall be completed within a period of thirty days from the date of registration of the First Information Report; (iii) Each such investigation shall be supervised by a senior police officer not below the rank of Deputy Superintendent of Police, in such manner as may be prescribed.

(2) (i) All inquiries and trials under this Act shall be conducted as expeditiously as possible and once examination of witnesses has commenced, the same shall proceed on a day-to-day basis until all witnesses in attendance have been examined, unless a courtordered adjournment is necessary for reasons to be recorded in writing by the Court; (ii) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, efforts shall be made to ensure that the inquiry or trial is concluded within a period of one year from the date of filing of charge-sheet: Provided that such period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time: Provided further that where the trial is not concluded within the said period, the Judge shall record the reasons for delay in writing.

(3) (i) For the purpose of ensuring speedy trial in all cases registered under this Act, the appropriate Government shall, with the concurrence of the High Court, establish by notification in the Official Gazette, one or more Special Courts in each district, to try offences under this Act; and (ii) The appropriate Government shall, by notification in the Official Gazette, designate for every such Special Court, a Special Public Prosecutor for the purpose of conducting cases under this Act in that Court.

8. Where an individual is charged with commission of an offence under section 3, the Court shall presume that the individual has committed the offence, unless proven otherwise.

9. Compensation: 

In addition to the penalties provided under section 4, any individual found guilty of an offence under this Act shall be required to pay compensation, as follows:

(i) an amount equal to twice the fair market value of the property damaged or the loss incurred, as adjudicated by the competent court;

(ii) a sum of one lakh rupees for inflicting hurt on a healthcare worker and five lakh rupees for inflicting grievous hurt on a healthcare worker, or as determined by the competent court: Provided that if the convicted individual fails to remit the compensation provided under this section, the amount shall be recoverable as arrears of land revenue in accordance with the provisions of the Revenue Recovery Act, 1890.

10. Responsibilities of Medical Establishments: 

a) Explaining the responsibilities of medical establishments to ensure the creation and maintenance of a safe and secure working environment for all healthcare workers within its premises, the bill mentioned that for this purpose, such institutes shall undertake the following measures:

(i) All medical establishments including colleges and hospitals thereunder shall develop a policy for ensuring a safe working environment within their campus;

(ii) Any incident of violence within the premises shall be promptly investigated by the management, and a First Information Report shall be lodged as per the provisions of section 5 of this Act;

(iii) A detailed action taken report on any incident of violence shall be sent to the National Medical Commission within fortyeight hours of the occurrence of the incident;

(iv) All medical establishments shall be declared as 'Safe Zones' where any act of violence or threats shall result in swift legal action;

(v) All medical establishments shall develop and implement internal policies to address workplace violence, including protocols for responding to and reporting such incidents; and

(vi) The Central Government shall, from time to time, issue guidelines on the safety standards and measures to be deployed in all medical establishments across the country.

b) Further, the bill mentioned that every medical establishment shall implement such basic safety measures as may be necessary to ensure the physical security of healthcare workers, patients, and attendants, and to prevent the occurrence of violence within its premises, which shall include but not be limited to, –

(i) implementing advanced security measures, including but not limited to improved lighting, monitored CCTV cameras, and trained security personnel covering high-traffic areas like emergency rooms, operation theatres, connecting pathways, along with other such areas identified by the medical establishment;

(ii) adequate CCTV surveillance within and outside the premises;

(iii) stationing Quick Response Teams, equipped with effective communication tools to respond to incidents of violence or threats in a timely manner;

(iv) mandatory de-escalation and crisis management training to healthcare workers to manage patient families in high-stress situations along with training on the legal recourses available in case of violence;

(v) provision of safe and secure transportation facilities to healthcare workers for traveling to and from hospitals and other relevant medical institutions, especially during night shifts;

(vi) installing and maintaining CCTV cameras at all critical entry points to ensure the screening of individuals for weapons or prohibited items and secure storage and regular review of the footage in accordance with the security protocols issued by the Central Government, from time to time, as per sub-section (2) of section 13;

(vii) addressing instances of violence, disproportionately affecting female and younger healthcare workers by prioritizing their safety in medical establishment infrastructure design, including secure duty and rest rooms and separate facilities for female healthcare workers;

(viii) designating and deploying a trained security force which shall be responsible for managing the safety of sensitive areas, including emergency rooms, Intensive Care Units, and entry points and impart training to them in handling violent situations, deescalation techniques, and healthcare-specific security challenges;

(ix) ensuring establishment of emergency response protocols for handling incidents of violence or threats to safety;

(x) implementing access control measures or systems such as identification checks and systems, visitor badges and screening, and security personnel at critical points to restrict entry of unauthorized persons, particularly in sensitive zones such as Intensive Care Units, emergency wards, and healthcare professionals’ resting rooms;

(xi) deploying a visitor management system to regulate the flow of visitors and to ensure that only authorized personnel and family members are allowed in patient area; and

(xii) ensuring the provision of adequate sanitation, nutrition and hygiene measures to all healthcare workers.

11. Responsibilities of Doctors & 

"Any healthcare worker or medical establishment found to be in violation of any of provisions of sub-section (3) or refuses treatment to a patient on malicious grounds, shall be punished by disciplinary action, suspension, or revocation of licenses for medical practice or sealing of the medical institution, as the case may be, as prescribed by the appropriate Government in accordance with the relevant laws, rules, and regulations in this regard," mentioned the Bill.

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