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

New Delhi: Reiterating its previous stand, the Union Health Minister Mansukh Mandaviya has informed the Rajya Sabha on Tuesday about the Central Government's decision of not enacting separate legislation to prohibit violence against doctors and other healthcare professionals.

In a written reply, the Union Health Minister informed the Parliament that a Draft “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 and circulated for consultations.

"Thereafter it was decided not to enact a separate Legislation for prohibiting violence against doctors and other health care professionals," informed the Health Minister.

Informing that the matter had been further discussed with relevant Ministries and Departments of Government as well as all Stakeholders, the Minister informed that consequently, an ordinance namely “The Epidemic Diseases (Amendment) Ordinance, 2020” was promulgated on April 22, 2020.

Violence against doctors and healthcare workers has been one of the most important and unsolved issues of the medical fraternity. Numerous incidents of violence have been reported over the years. These instances reached their peak earlier this year when Rajasthan-based Dr. Archana Sharma had committed suicide after being booked for the murder of a patient who had died due to Postpartum haemorrhage (PPH). Doctors are being beaten up daily by unruly attendants but have got only limited relief in terms of law. Doctors have demanded Central Doctors Protection Act, however the same has still been out of reach of doctors.

Also Read: Dr Archana Sharma suicide case: Plea in SC demands guidelines for protection of doctors

Although the new Draft RMP (Professional Conduct) Regulations, 2022 have empowered the doctors to refuse treatment to the patients in case of "abusive, unruly, and violent patients or relatives", there is still no concrete solution regarding the instances of violence that the doctors need to face on a daily basis.

Last year, while responding to a Rights to Information (RTI) query, the Union Ministry of Health and Family Welfare had clarified that it was not working on any draft legislation bill addressing the issues regarding violence against healthcare practitioners.

The RTI query had been raised by Kannur-based ophthalmologist Dr. KV Babu, who sought to know from the Ministry whether it had any plans for pursuing the draft legislation 'The Healthcare Service Personnel and Clinical Establishments (prohibition of violence and damage to property) Bill, 2019.

Again, the Union Health Minister Mansukh Mandaviya has now confirmed the decision of not enacting any separate legislation for prohibiting violence against medical professionals.

While responding to a question regarding withdrawal of Healthcare Services Personnel and Clinical Establishments Bill, 2019 and any alternative bill for protection of doctors, the Minister stated, "A Draft “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 and circulated for consultations. Thereafter it was decided not to enact a separate Legislation for prohibiting violence against doctors and other health care professionals. This matter was further discussed with relevant Ministries and Departments of Government as well as all Stakeholders, and an ordinance namely “The Epidemic Diseases (Amendment) Ordinance, 2020” was promulgated on April 22, 2020. Later on, the Union Government of India passed Epidemic Diseases (Amendment) Act, 2020 on 28th September, 2020."

Speaking to Medical Dialogues in this regard, Dr Rohan Krishnan, the National Chairman of Federation of All India Medical Association (FAIMA) said, "I think it's surprising that despite having so many cases of violence against doctors, and every day coming across the news of someone being beaten up, tortured or someone taking an extreme step of suicide, the government is still not serious about the demands of the doctors."

"We feel cheated because when the government needed us during COVID pandemic, all the rules and regulations were made and everything was put into action and we were feeling that we were safe and secure. But since the COVID pandemic has terminated and we are back to normalcy, the government is showing its true colour. I think it is shameful that the government has not standing true to its own words and it is still to provide the mental satisfaction and security to the doctors on one hand and on the other hand instead of at least having a verbal communication with us regarding this matter, the government has completely denied any scope for the safety and security of doctors," he added.

"I think that this is a very very serious issue and we shall be raising this issue at every level," he further mentioned.

Meanwhile, Union Health Minister Mansukh Mandaviya has informed about the Epidemic Diseases (Amendment) Act, 2020 that was passed on 28th September, 2020. The Act provides that-

(i) Acts of violence against healthcare personnel during any situation would be cognizable and non-bailable offences.

(ii) Commission or abetment of such acts of violence or damage or loss to any property shall be punishable with imprisonment for a term of three months to five years, and with fine of Rs. 50,000/- to Rs. 2,00,000/-.

(iii) In case of causing grievous hurt, imprisonment shall be for a term of six months to seven years and with fine of Rs. 1,00,000/- to Rs. 5,00,000/-.

(iv) In addition, the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage of property.

"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)," added the Health Minister.

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