Jharkhand Medical Protection Bill: Sent to select committee for amendment

Ranchi: The draft of the new medical personnel protection bill, the Jharkhand Medical Service, Medical Service Association (Prevention of Violence and Property Damage) Bill, 2023 has for the third time failed to get clearance from the House and has referred to a select committee following the demands of the opposition MLA's. 

The cabinet chaired by chief minister Hemant Soren had on March 15 approved the bill, which is aimed at protecting the healthcare professionals in Jharkhand. The bill was tabled at the assembly on Tuesday, March 21. The bill was introduced in 2013 and 2017 too, however, it failed to get passed in the assembly. 

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The draft bill states that those who are found guilty of assault on medical professionals and vandalising government and private hospital properties would be given a jail term of two years and a fine of upto Rs 50,000. 

Responding to the opposition raised by opposition MLAs Amit Kumar Mandal, Amar Bauri and Lambodar Mahto, CM Soren said that the bill needed proper revision before being converted into an act despite its urgency in the current situation. Soren said, "We have received as many as 30 amendment proposals from both ruling and opposition members. So many amendment proposals cannot be ignored in one stroke, so I would prefer the bill to be sent to a select committee for its review and suggestions with a report within 30 days." 

The bill was, however, welcomed by the Jharkhand chapter of the Indian Medical Association (IMA) and the doctors in the state. Speaking to HT, Pradeep Singh, general secretary, Jharkhand IMA said, "Such a law is a win-win situation for both sides, medical professionals as well as the patients. This should not be seen as detrimental to the interest of the patients." 

Speaking about the bill, a government official observed, "The deputy commissioner would institute a committee led by an officer, not than the rank of sub-divisional officer to probe all complaints against medical professionals and hospitals." 

The healthcare professionals in the state have been demanding a law for their protection amidst rising cases of assault on doctors and healthcare staff. The state has been witnessing protests by several doctors' bodies supporting the implementation of the Medical Protection Act and other demands. Medical Dialogues team had earlier reported the meeting held by the Jharkhand government with representatives of doctors’ associations for discussing various issues, such as amendments to the Clinical Establishment Act for the protection of medical practitioners at their workplaces. The IMA's warning of an indefinite strike earlier this month was retracted only after the cabinet cleared the draft bill to be presented before the house. 

Raising objections to the bill, several opposition MLAs demanded the protection of patients as well, reports the TOI. Lambodar Mahto of the Ajsu Party said, "The doctors and medical establishments have various other acts to be protected whereas the patients and their relatives are at the mercy of doctors, such a bill is going to make the patients more vulnerable." 

Giving an example of a doctor who had misbehaved with the health minister, Amit Mandal of BJP claimed that there was a risk of high-handedness from the doctors' side if an act serving meant solely for them is passed. He said, "We have to ensure the protection of patients because instances of doctors beating up patients and their kin are not uncommon."

A number of MLAs demanded that the bill should have provisions for the protection of the patient’s rights. BJP legislator Amar Kumar Bouri said that a special bill to give protection to a particular section is not advisable. He alleged that there are also situations when the doctors themselves assault the kin of the patients if the latter protest against any form of negligence. 

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