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Upto Rs 5 lakh fine, 10 Year Jail for Assaulting a Doctor: Health Ministry finalizes bill, Next Stop Cabinet

Upto Rs 5 lakh fine, 10 Year Jail for Assaulting a Doctor: Health Ministry finalizes bill, Next Stop Cabinet

New Delhi: A draft legislation seeking to punish people who assault on-duty doctors and other healthcare professionals by imprisoning them for up to 10 years, has been finalised and will be made public soon for feedback, Union Health Minister Harsh Vardhan said on Tuesday.

Those “grievously hurting” doctors and other healthcare professionals in clinical establishments may face imprisonment between three and ten years and could fine between Rs 2 to Rs 10 lakh, officials sources said of the provisions in the draft bill.

The draft bill says those commissioning violence or causing damage to the property of a healthcare facility can be imprisoned for six months to five years and fined between Rs 50,000 and Rs five lakh, they said.

Healthcare professionals include doctors and para-medical staff and also medical students, diagnostic service providers in a health facility and ambulance drivers.

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“The Central law, a long-standing demand of the medical fraternity, which seeks to prohibit violence against doctors and other healthcare service personnel and damage to property of clinical establishments has been finalised. We will soon put it in public domain for comments and feedback,” Vardhan said.

“Once finalised, we will take it to the Cabinet,” he added.

The draft bill also provisions for compensation which could be twice the market value of a property damaged and Rs 1 lakh to Rs 5 lakh for being assaulted or hurt, sources said.

In case of non-payment of compensation by a convict, the amount may be recovered as arrears of land revenue under the Revenue Recovery Act 1890, the sources said.

According to the draft bill, violence means an act which causes any kind of hurt, intimidation, obstruction or endangers the life of any healthcare service personnel in the discharge of duty within the premises of a healthcare facility. Violence also includes damage or loss to property or documents in a clinical establishment.

The Health Ministry had entrusted an eight-member sub-committee, comprising its officials and representatives from the Medical Council of India, Indian Medical Association, the All India

Institute of Medical Sciences’ Resident Doctors Association and an experienced person from the Bureau of Police Research and Development, with the task of drafting the bill.

The sub-committee was constituted after a 10-member panel set up by the Health Ministry looked into the “pros and cons” of bringing such central legislation.

The draft legislation has been approved by the health minister.

In June, resident doctors across the country held protests and went on a strike against a brutal attack on their colleagues by the relatives of a patient who died during treatment in West Bengal.

It was at that time when the demand for comprehensive central legislation to check violence against doctors and other medical professionals at hospitals gained currency.

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Health Minister Vardhan, that time, had written to all chief ministers to consider enacting a specific legislation for protecting doctors and medical professionals, and also attached a copy of the draft provided by IMA the Protection of Medical Service Persons and Medical Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2017.

He had asked them to enforce the provisions of the Indian Penal Code, the Criminal Procedure Code with vigour in states where no such law was prescribed and take strict action in cases of assault against doctors.

Source: PTI
6 comment(s) on Upto Rs 5 lakh fine, 10 Year Jail for Assaulting a Doctor: Health Ministry finalizes bill, Next Stop Cabinet

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  1. Using abusive language, unparliamentary language, & obstructing doctor from discharging duty should also be included in the bill.

  2. People like Anilesh here should Google a bit more..For a start you can see what the \”6 months bridge course\” is all about. Doctors are powerless when it comes to National policy decisions..You talked about illeducated doctors ; just wait for the course to take effect..IIT were IIT because the Govt wanted so…if they license every college as IIT just imagine what happens…your doubts will get cleared with this I hope

  3. Doctors preserve the precious life.At any cost they try to save lives.They must not be assaulted.Brutality against doctors is shamefull & must be protested.Definitely this bill must be amended as per proposal of Honb\’le Union Health Minister .Doctors must be protected .By the grace of God doctors treat & ďiseases cured , pertaining a healthy society.

  4. Indian Medical system do not follow an acceptable protocol and in my own experience I could see mess created while more than one doctors are involved in treating a patient. Often MBBS doctors claims specialisation with a fake degree or certificate and miss treat patients. Patients once realise these mistreatments naturally understand that they were cheated. West Bengal government intact a law to safe guard patients from medical negligance and I wonder what Mr. Bhardan is having in mind? Doctors are illeducated too, often take patients more than they can manage. In one words, a common man heath is under great threat even if one is having money or insurance since there is no accountability in the medical system.

  5. You just wait..try googling about 6 months bridge course..all your misconceptions will clear, if you are logical thinker..doctors are powerless when it comes to National policies. When you talk of illeducated doctors pl be prudent enough to see the entire picture. Don\’t type just because you know English and have a mobile phone with free Jio internet ..thank you

  6. have they taken the opinion of doctors before passoin the n m c bill?. why do they need opinion of publin for passing this bill ? i dont understand this .