Central law to stop violence against healthcare professionals stalled

The Union ministry of health and family welfare (MoHFW) has revealed that a decision had been taken that there was to be no separate legislation prohibiting violence against doctors and other healthcare professionals, a response sought under the RTI (Right to Information) Act revealed.

The decision was seemingly taken after the draft 'The Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019' was prepared by the MoHFW and circulated for consultation.

The draft legislation sought to penalise those assaulting doctors and other healthcare professionals with imprisonment of up to 10 years and fines of Rs 2 lakh-10 lakh. It was said that an offence under this Act would be cognisable and non-bailable. However, the draft was reportedly stalled by the ministry of home affairs for reasons as yet undisclosed.

Rights activist Dr K.V. Babu had requested the MoHFW for information on the status of the draft legislation, and copies of all communications between MoHFW, the home ministry and the prime minister’s office regarding the proposed Bill between 2 September 2019 and 17 August 2024, which was when he filed the request.

On 17 August, representatives of the Federation of Resident Doctors’ Associations (FORDA), the Indian Medical Association (IMA), and the Resident Doctors’ Associations of Government Medical Colleges and Hospitals in Delhi met with health ministry officials in New Delhi.

This meeting followed the tragic murder and alleged sexual assault of a 31-year-old junior doctor at Kolkata's R.G. Kar Medical College and Hospital.

During the meeting, discussions resumed on the draft bill, stalled for five years. The associations expressed their concerns about the safety and security of healthcare workers in the workplace. The MoHFW stated that it had listened to the representatives' demands and was committed to taking all possible measures to ensure the safety of healthcare professionals.

The ministry also informed the associations that 26 states, including Andhra Pradesh, Assam, Delhi, Bihar, West Bengal, and Tamil Nadu, have already enacted legislation to protect healthcare workers. In response to the associations' concerns, the ministry pledged to form a committee to recommend further measures to safeguard healthcare professionals.

Babu emphasised that a Central Act to protect healthcare workers has long been demanded by the medical community. The draft law was made public in September 2019, but despite five years having passed, the Union government has yet to enact it. Babu noted that while the government showed interest in a Central law during the Covid-19 pandemic in 2020 to utilise the medical community's services, it has failed to address the ongoing violence against healthcare workers despite numerous protests.

The Union health ministry has asked states to submit reports detailing the immediate and short-term security measures they have implemented in medical institutions for doctors and healthcare workers. 

In a letter this week to the chief secretaries and directors-general of police (DGPs) of all states and Union Territories, Union health secretary Apurva Chandra referenced a virtual conference held on 28 August. The letter outlined key security measures discussed during the meeting and requested that action-taken reports be submitted by 10 September.

The meeting emphasised several key points, including the need to identify high-risk establishments. Each district or territory is required to pinpoint hospitals with high patient volumes and prioritise them for enhanced security measures.

Following the R.G. Kar incident, the health ministry approved a 25 per cent increase in security at all Central government hospitals. This includes deploying marshals based on individual requests from government hospitals after assessment. However, Babu criticised the government for focusing only on government hospitals, arguing that violence occurs in both private and public hospitals.

The IMA supported the protesting doctors who were calling for the Centre to reconsider the 2019 draft Bill, and it contends that state legislations are ineffective.