Virodh Divas: Delhi Doctors hold Black Badge Protest on violence against doctors
New Delhi: Protesting against the violence against resident doctors and in order to raise awareness about the legal provisions available to the doctors to address such issues, the Delhi Medical Association (DMA) recently held a Black Badge protest.
The aim of the movement, which was observed by wearing black badges on 12th October, was to make everyone aware of The Delhi Medicare Service Personnel and Medicare Act, 2008.
Terming it "Virodh Divas", the association mentioned, "We bear the responsibility to ensure that every DMA member and police officer is aware of our rights under The Delhi Medicare Service Personnel and Medical Act, 2008, where filing on Institutional FIR is mandatory, and the offenses are both cognizable and non-bailable."
DMA initiated the black badge protest in response to a recent incident, where a senior resident doctor working at the Swami Dayanand (SDN) Hospital, New Delhi, was assaulted by a patient on October 08, 2023.
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Medical Dialogues had earlier reported how chaos erupted at Swami Dayanand Hospital as the doctors and relatives of a minor patient engaged in a physical altercation after the unfortunate demise of the minor while undergoing treatment at the hospital.
Consequently, the resident doctors at the hospital demanded an 'institutional FIR' under the Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008.
DMA also participated in SDN Resident Doctors strike and assured to extend full support to the resident doctors. Writing to the Commissioner of Police, DMA on October 11 mentioned, "We are deeply concerned about assault on duty doctors in Swami Dayanand Hospital, Dilshad Garden on 8th October 2023 by patient's attendant in Medicine ward."
Mentioning that the resident doctors of the Hospital are demanding for Institutional FIR, in the letter the association also referred to the circular dated 16th April, 2019 by the then Principal Secretary (Health & FW) Sh. Sanjeev Khirwar.
"On behalf of the Delhi Medical Association, we request you to kindly look into the matter and give instructions to the concerned police station to lodge institutional FIR and book the culprits at the earliest so that an exemplary action goes to public and further such incidences are avoided," read the letter.
Thereafter, on October 12, 2023, the association gave a call for "Virodh Divas" by wearing black badges to make everyone aware of The Delhi Medicare Services Personnel and Medicare Act, 2008.
Again on October 12, DMA wrote to the SP and mentioned, "...in response to these incidents, a vital piece of legislation aimed at preventing violence against healthcare workers and damage to property has been enacted. This legislation is known as "The Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008."
"However, it has come to our attention that despite the existence of this crucial act, many Station House Officers (SHOs) and Deputy Commissioners of Police (DCPs) appear to be unaware of its provisions. In some cases, culprits are incorrectly charged under various sections of the Indian Penal Code (IPC) rather than this specific legislation," the association further mentioned.
Requesting the SP's support to address the issue, the association also urged to consider issuing an official order to all police stations within Delhi instructing them to comply with the 2008 act in cases involving violence against healthcare workers.
"It is essential to emphasize that violence against healthcare workers is a cognizable and non-bailable offense under 'The Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008." This law was enacted to protect those who tirelessly serve our community's health needs," DMA stated in the letter.
The association also informed that it has taken an initiative to circulate the same information and a copy of the act to all Station House Officers (SHOs) and Deputy Commissioners of Police (DCPs) in Delhi to raise their awareness and encourage adherence.
Commenting on the matter, Dr. Ashwini Dalmiya, the President of the Delhi Medical Association (DMA) referred to the 2008 Act and mentioned that the act clearly states that violence against healthcare workers or damage to property is cognisable and non-bailable offense.
He told Medical Dialogues, "DMA demands that all culprits should be booked under this act in case of violence against healthcare workers. In case violence happens in a government institution then Institutional head should file an FIR on behalf of the victim so that future harassment in courts can be avoided. This act should be implemented in letter and spirit."
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