Violence Against Doctors is a Criminal Offence, to be dealt with under provisions of BNS and BNSS: Union Health Minister in Parliament

New Delhi: Violence against medical professionals is a criminal offence and is required to be dealt with by the State Government/UT Administration under provisions in the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagrik Suraksha Sanhita (BNSS), the Union Health Minister Shri Jagat Prakash Nadda said in the Lok Sabha recently.

However, the Union Health Minister clarified that 'Health' and 'Law & Order' are state subjects, and the state/UT governments are primarily liable to take note of such events of violence against doctors and take proper action to prevent such instances. 

The Minister's statement was made in response to the questions raised by Dr. Shashi Tharoor, a member of the Parliament, who sought to know whether the Government has conducted any studies/research to identify the root causes behind the rising trend of violence against medical professionals and whether the Government proposes to enhance the security and safety measures for medical professionals without compromising the accessibility and openness of healthcare institutions.

Dr. Tharoor also sought to know if there were any provisions to provide financial/legal support to medical professionals who have become victims of violence while performing their duties in the country, States, Districts and UT-wise and if the Government had any plans to introduce any legislation in this regard in the country.

In response to these queries, the Union Health Minister mentioned in a written statement, "As per Constitutional provisions, ‘Health’ and ‘Law & Order’ are State subjects and, therefore, it is the primary responsibility of the concerned State Government / UT Administration to take note of events and eventualities and to take appropriate action to prevent violence against medical professionals including imposition of penalties or setting up helplines to extend immediate help to such medical professionals who are victims of violence."

"Violence against medical professionals is a criminal offence. It is required to be dealt by the State Government / UT Administration under provisions in the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagrik Suraksha Sanhita (BNSS) so that medical professionals can discharge their professional pursuits without fear of violence," he further added.

However, the Minister further informed that the Central Government has taken several measures to prevent violence against medical professionals and to inculcate an effective sense of security among the medical professionals on duty, including issuing advisories in this regard to all State Governments / UT Administration. Such advisories issued by the Union Government are as follows:

I. Security of sensitive hospitals to be managed by a designated and trained force;

II. Installation of CCTVcameras and round-the-clock Quick Reaction Teams with effective communication/security gadgets, particularly in Casualty, Emergency and areas having high footfalls;

III. Well-equipped centralized control room for monitoring and quick response;

IV. Entry restriction for undesirable persons;

V. Institutional FIR against assaulters; VI. Display of legislation protecting medical professionals in every hospital and police station;

VII. Appointment of Nodal Officer to monitor medical negligence;

VIII. Expeditious filling up of vacant posts of medical professionals in hospitals / Primary Health Centres (PHCs) to avoid excessive burden/pressure on medical professionals;

IX. Better infrastructural facilities and medical equipment and provision of extra monetary incentive for the medical professionals serving in hard / remote areas.

"Further, the Central Government has highlighted the need to ensure the safety and security of medical professionals at their living / working premises to every State Government and UT Administration through formal communications," Minister Nadda added.

"To achieve the mandate of Article 47 of the Constitution of India for improvement in public health, the Central Government also enacted ‘The Clinical Establishments (Registration and Regulation) Act, 2010’ to prescribe minimum standards of facilities and services as may be provided by the clinical establishments. Under the Act, patients’ rights and responsibilities, inter-alia, include the responsibility of patients to respect the dignity of medical professionals and never resort to violence," he added.

However, the Minister clarified that there are no provisions to provide financial/legal support to medical professionals who become victims of violence while performing their duties.

Regarding the query regarding the plans of the Government to introduce any new legislation in this regard, the Minister informed that "The newly enacted BNS and BNSS have adequate provisions to protect medical professionals against violence."

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