No Progress on Model Law for Doctors Protection- Govt in RTI Response

Published On 2025-05-11 06:00 GMT   |   Update On 2025-05-11 06:01 GMT
Doctors

New Delhi: Despite the proposal for a model law to protect healthcare professionals from violence being acknowledged by the National Task Force (NTF), there has been no significant development in this regard. 

As per the recent RTI response, the National Task Force, which was constituted by the Supreme Court to ensure the safety of doctors and healthcare workers, had requested the Government to prepare the draft model law for States/Union Territories to protect healthcare professionals. Consequently, the Union Health Ministry on September 5, 2024, constituted a sub-group with DGMS (Navy) as the convener, under the National Task Force, to strengthen the legal framework across all States. However, there is no clarity on any development in this regard, the Ministry of Home Affairs informed in response to the RTI, filed by Dr. KV Babu, a Kerala-based Health activist.

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The information comes after the Union Health Minister, Mansukh Mandaviya, clarified in the Parliament earlier this year that the existing laws already have provisions to protect doctors from violence.

Dr. Babu, who has been pursuing the matter, filed RTI applications on 29th December 2024 and 30th March 2025 with the Home Ministry seeking the details of the state law prepared to address incidents of violence against doctors.

Also Read: Health Minister addresses issue of violence against doctors, says Existing laws have provisions to deal with such cases

Dr. Babu informed Medical Dialogues that even though the Home Ministry acknowledged such a proposal for drafting a state law, both the Home Ministry and MoH are clueless about the development of the legislation.

The Home Ministry, in its reply, informed in February 2025 that "...after the first meeting of the National Task Force (NTF), BPR&D vide aforementioned letter was, inter-alia requested to prepare the draft model law for State/UTs for protection of healthcare professionals."

"Subsequently, the Ministry of Health and Family Welfare vide its OM dated 05.09.2024 constituted a sub-group with DGMS (Navy) as the convener, under the NTF, for strengthening the legal framework across all states," the RTI reply stated.

"No further information in this regard is available with the undersigned CPIO. Further, no communication has been issued by this ministry to the state home departments regarding the model state law," it further mentioned.

The RTI further informed that the relevant information may be available with the Union Health Ministry, which is primarily concerned with the subject, or the convener of the sub-group.

Commenting on the matter, Dr. Babu said, "The proposal to enact a Central Law for protection of HCWs was mooted by the Ministry of Health in 2019. But, the GOI clarified in its RTI reply in 2024 September that it was decided not to enact a separate legislation for prohibiting violence against doctors and other health care professionals."

"Following the tragic incident in RG Kar medical college ,there was a proposal from the part of the GOI to draft a model state law for the protection of HCWs as acknowledged by the CPIO of Home ministry in their RTI reply. Now,it also seems to be kept in cold storage.This is a very sad state of affairs and hope the Union Home Ministry will pursue the model state law," he added.

Medical Dialogues had earlier reported that the NTF, constituted by the Supreme Court, had informed last year in November that there was no requirement for a separate central law to protect the doctors.

The apex Court had constituted the National Task Force after taking suo motu cognisance of the rape and murder case of a postgraduate trainee doctor at Kolkata's RG Kar Medical College and Hospital. The 10 members of the task force include Vice Admiral Arti Sarin, Director General (Medical Services), Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad, Dr M Srinivas, AIIMS-Delhi Director and Dr Pratima Murthy, Director, National Institute of Mental Health and Neurosciences, Bengaluru.

According to the NTF, there are already enough legal provisions to ensure the safety of healthcare professionals. Further, the Task Force pointed out that the Bharatiya Nyaya Sanhita, 2023 (BNS), could handle heinous offences against doctors and medical staff.

"It has been observed that State laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS. A separate Central law to deal with offences against healthcare professionals is, therefore, not required," reasoned the National Task Force (NTF).

Also Read: Central Law for violence against doctors NOT required! says SC-appointed Task Force

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