Clinical Establishments Act came as Central Law, so Can Doctors Protection Law: IMA Tells Health Minister

New Delhi: Reiterating their case and appealing to the authorities to bring a Central Act for the protection of doctors in the country, the Indian Medical Association (IMA) has recently written to the Union Health Minister Jagat Prakash Nadda.

In the letter, IMA cited the example of the Clinical Establishments (Registration and Regulation) Act, 2010, and argued that even though hospitals and dispensaries come under the State list of the Constitution of India, this Act was enacted by the Parliament of India at the request of 4 States. 

Referring to this, the association argued that a similar provision can be made for the protection of doctors as well. 

Central Law to ensure the safety of doctors and put a stop to instances of violence against them has been a long pending demand of medical professionals across the country.

The doctors across the country, who are sitting on the streets in protest of the brutal rape and murder of their colleague, a PG resident doctor at Kolkata-based RG Kar Medical College and Hospital, have also been demanding implementation of the Central Protection Act to ensure their safety in future.

While various other demands of the doctors are in the process of being addressed, the issue of the Central Protection Act remains illusive as the Government has stated that Health being a state subject, this aspect will be governed by the State.

Last year, reiterating its previous stand, the former Union Health Minister Mansukh Mandaviya informed the Rajya Sabha about the Central Government's decision of not enacting separate legislation to prohibit violence against doctors and other healthcare professionals.

Former Health Minister Mandaviya had informed that even though the Draft of "The Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019" was prepared by the Ministry of Health and Family Welfare, it was decided not to enact a separate Legislation for prohibiting violence against doctors and other health care professionals. Consequently, an ordinance namely "The Epidemic Diseases (Amendment) Ordinance, 2020" was promulgated on April 22, 2020.

"Since, law and order is a State Subject, State/Union Territory (UT) Governments also take appropriate steps to protect healthcare professionals / institutions under provisions in Indian Penal Code (IPC) / Code of Criminal Procedure (Cr.PC)," the former Union Health Minister had earlier informed.

However, the necessity of a Central Act on Violence on Doctors and Hospitals has again been highlighted by the IMA in its recent letter addressed to the Union Health Minister J.P Nadda.

"Indian Medical Association is grateful to your goodself for receiving the delegation of IMA on 13th August 2024 regarding the issue of Central Act on Violence on Doctors and Hospitals, Safety and Security in workplaces of healthcare personnel and the working and living conditions of the Resident doctors. IMA also thanks you for accepting the suggestions for the National Medical Commission insisting on security measures as a pre-condition for giving recognition to new medical colleges. The advisory of the National Medical Commission in this regard was released an hour after the meeting," IMA mentioned in the letter.

The association also pointed out that it had withdrawn service of the Medical Fraternity except casualties and emergencies across the country on 17.08.2024. Further, it referred to the fact that the Supreme Court has intervened into the alleged rape and murder incident of a trainee doctor in RG Kar Medical College and Hospital and related issues. Consequently, the Apex Court constituted a National Task Force, which will not draft an action plan to ensure safety and security of healthcare professional including doctors the working and living conditions of the resident doctors and also the matters relating to the crime at R.G. Kar Medical College & Hospital.

IMA Demands Central Act for Protection of Healthcare Professionals: 

However, the association pointed out that the issue of promulgating an ordinance for the Central Act for the protection of Healthcare Professionals remains to be addressed. Submitting that IMA is keen on a Central Act, the association submitted several facts before the Union Minister for consideration.

1. Clinical Establishments (Registration and Regulation) Act, 2010 was enacted by the Parliament of India at the request of 4 states even though hospitals and dispensaries come under the state list of the Constitution of India.

2. The Ministry of Health & Family Welfare, GoI under your watch has documented an Office Memorandum with the IMA where the Ministry has said that “it shall explore the possibility to initiate the process to bring a Central Act in line with those in vogue in the state”.

3. A draft legislation "The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019" was placed in public domain after due consultation with all the stake holders. The Union Home and Law Ministry were involved alongwith the Union Health Ministry in drafting this Bill.

4. The Epidemic Diseases Amendment Ordinance, 2020 was proclaimed on 22nd April 2020 amending the Epidemic Diseases Act of 1897 during the Covid Settings. The same was approved and passed by the Parliament as the Epidemic Diseases Amendment Act, 2020 and received the assent of the President on 28th September 2020.

Referring to these previously implemented Acts and rules, IMA argued that there is constitutional validity in enacting a Central Act for the protection of doctors.

"All the above proceedings show the sensitivity of the Union Health Ministry regarding violence on doctors and hospitals. That the Government went through all the above exercises shows that there is a constitutional validity which is implicitly acknowledged. Similarly, the enactment of CEA brings out the constitutional provisions under which a Central Act could be enacted on Hospitals and Healthcare personnel," it mentioned.

Citing examples of four doctors, including the PG doctor at RG Kar, who were killed in the line of their duty, IMA referred to the Supreme Court order in the case of Jacob Mathew vs State of Punjab & Anr and argued that doctors stand as a separate class by the nature of their professional services. 

"There are special laws enacted for specific exigencies like the POCSO Act as well. We, the Indian Medical Association appeal to you that a special exigency exists in relation to the violence on doctors and hospitals," wrote the association. 

"The doctors are vulnerable in their workplace. The State has a bounden duty to provide safety and security to the doctors and other healthcare personnel. "Right to Life" is a fundamental right," it further added.

State Laws Failed to Prevent Violence against Doctors: IMA 

Referring to the rules implemented by the State Governments, IMA argued that 25 State legislations in this regard have not prevented violence across the country. It further pointed out that very few FIRs have been lodged and very few convictions have happened. Therefore, as per IMA, there is an urgent need to bring in a Central Act on violence on Doctors and Hospitals. 

"We demand that the draft bill 2019 incorporating the amendment clauses of the Epidemic Diseases Amendment Act, 2020 and the Code Grey Protocol of Kerala Government "Prevention Management of Violence against Healthcare workers" be proclaimed as an ordinance to instill confidence into the minds of the Doctors of India," IMA added in the letter.

Also Read: Doctors denied protection: Govt says No to bringing uniform law for violence against doctors