Tribute to late Dr Vandana Das: Shashi Tharoor Introduces Bill to make Violence against doctors a non-bailable offence

New Delhi: Voicing the critical issue of attack on doctors that has plagued the healthcare sector in India, and proposing means to weed the menace, Shashi Tharoor, Member of Parliament has introduced The Healthcare Personnel and Healthcare Institutions (Prohibition of Violence and Damage to Property) Bill, 2023 in the Lok Sabha.

Medical Dialogues had earlier reported that the 23-year-old house surgeon, Dr Vandana Das was attacked by a prisoner who was brought to government taluk hospital in Kottarakkara in Kerala's Kollam district for treatment of his injuries. After being stabbed by the patient with scissors, Dr. Das was immediately taken to a private hospital in Kottarakkara, where she died while undergoing treatment.

Recalling this brutal incident, MP Tharoor mentioned in his Tweet, "On May 10, 2023, Dr Vandana Das, a young doctor driven by a commitment to serve humanity, tragically lost her life at the hands of a patient she was caring for in the emergency room. While recognising that nothing would bring back their only child, I had pledged to her parents that her death would not be in vain. She is not alone: It is currently estimated that 75% of doctors face physical &verbal abuse during their service. No doctor should have to fear for their safety while fulfilling their duty."

"As promised, I have thus moved a private member’s bill in Parliament to protect medical personnel. It makes acts of violence against healthcare personnel, including paramedical students &workers, administrative staff & ASHA workers, a cognisable and non-bailable offence. It requires speedy investigation and sentencing within a specified time frame & the establishment of designated special courts in every district," he further added.

Also Read: Senior neurosurgeon at Sir Ganga Ram Hospital attacked with sharp knife by angry patient

Violence Against Doctors Continues: 

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.

When asked about the rules and regulations for the protection of healthcare workers and institutions, the Union Minister of State for Health, Prof. Satya Pal Singh Baghel recently referred to the Epidemic Diseases (Amendment) Act, 2020, which was passed by the Government of India on 28th September, 2020.

The MoS Health 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 Government of India passed Epidemic Diseases (Amendment) Act, 2020 on 28th September, 2020."

While doctors are still waiting for a separate legislation addressing the issues of violence against doctors, Congress MP Shashi Tharoor yesterday introduced in the Lok Sabha "Healthcare Personnel and Healthcare Institutions (Prohibition of Violence and Damage to Property) Bill, 2023".

He further reasoned out his submission and said that the increasing and repeated instances of violence against healthcare personnel represents a complex and grave challenge chat must be addressed on a priority basis. Violence in any form and in any setting is reprehensible. However, acts of violence against medical professionals and on healthcare institutions are the most extreme and should be dealt with an iron hand.

"The legislative lacunae only further complicate our ability to address this challenge. Currently, no national-level law, including the Indian Penal Code (IPC), 1860 and Code of Criminal Procedure (CrPC), 1973 comprehensively and categorically addresses the issue. State Laws vary: the existing laws are weak in their implementation, vary a lot and lack scope to protect all Healthcare personnel. Infact, several States and Union Territories have no laws at all," he stated in the Statement of Objects and Reasons for the Bill.

"It is submitted that while 'Health' and 'Law and Order' are state subjects, the Parliament is competent to legislate on matters related to 'Legal, Medical and other professions' as listed in Entry 26, List 3 (Concurrent List) of the Seventh Schedule to the Constitution of India. Infact, in 2019, the Central Government had introduced a draft bill titled the Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill which would have made such violence a non-bailable and cognisable offence with a jail term of up to five years. But this was withdrawn before it could be considered by Parliament," Tharoor mentioned.

"Our healthcare professionals are neither adequately appreciated nor protected and it is imperative to realise that this is not just a medical fraternity issue. Violence against them also weakens the healthcare ecosystem and affects the quality of services provided to patients, in turn, leading to a further risk of violence," he added.

Referring to the instance of brutal death of late Dr. Vandana Das, MP Tharoor further stated in the Bill, "On May 10, 2023, a young doctor, committed to using her training and education in the serve of humanity, had her life tragically taken away from her at the hands of a patient she was seeking to heal. Her death must not just serve as a reminder of the consequences of our inaction but become a call to action, particularly towards ensuring that the legislative lacuna is addressed so that no doctor has to worry about their own safety in the line of duty."