Health Ministry clarifies on plans for bill on violence against doctors

New Delhi: While responding to a Rights to Information (RTI) query, the Union Ministry of Health and Family Welfare has reiterated that it is not working on any draft legislation bill addressing the issues regarding violence against healthcare practitioners. 

The RTI query was 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.

The clarification from the Health Ministry comes at a time when the Supreme Court is considering a plea referring to the rising number of assaults against doctors and other medical professionals in the country. 

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.

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.

Medical Dialogues had recently reported that while considering the issue, the Supreme Court recently sought responses from the Centre and others, including the erstwhile Medical Council of India (now NMC).

Also Read: What are you doing to protect doctors against violence? SC asks Govt council

As per the latest media report by the New Indian Express, recently filing an RTI application, Dr. KV Babu sought to know from the Ministry about the draft legislation 'The Healthcare Service Personnel and Clinical Establishments (prohibition of violence and damage to property) Bill, 2019. The aim of this legislation is to penalise and imprison the accused who assault doctors and other healthcare workers. As per this law, the duration of imprisonment is not less than six months and it can get extended to five years. Besides, the guilty will also need to pay Rs  50,000 and the amount might go up to Rs 5 lakh.

However, this draft proposal had been rejected by the Home Ministry back in 2019 as the Government had opined back then that a separate law covering the medical professionals cannot be considered. 

While the Kannur-based ophthalmologist asked the government about its plans for pursuing the concerned law, the Health Ministry in its reply clarified, "With regard to your RTI Application, it is informed that it was decided not to pursue the draft legislation..."

The Ministry further clarified that "no further action has been taken on the matter and no recent communication has been done with the Ministry of Home Affair, as per records available in the medical services section."

Dr. Babu had filed the first RTI on July 5. However, he again filed another RTI back on July 27 following the reports referring to the possibilities that the Health Ministry is considering the legislation after the suicide of Dr. Archana Sharma.

Speaking about the Ministry's reply, Dr. Babu told the daily, "The logic to shelve the proposal was that a separate law is not needed in this regard, then why in April 2020, the government came out with an amendment in the Epidemic Act (Amendment) Bill, 2020 during the pandemic."