Following nationwide protests by doctors over the alleged rape and murder of a postgraduate doctor in Kolkata, the Union health ministry has decided to revisit a draft bill to protect healthcare workers that was abandoned five years ago.
The Department is currently planning to set up a panel to review the Healthcare Providers and Clinical Facilities Act 2019. This is an unwelcome precedent for similar exclusionary protections for other professions.
“The new expert panel is likely to include representatives of all stakeholders, including doctors, medical associations and senior officials from multiple ministries,” a senior official told News18 on condition of anonymity.
“In 2019, the panel included officials from the Law Ministry, Home Ministry, doctors from the All India Institute of Medical Sciences (AIIMS), representatives from the Indian Medical Association (IMA) and officials from the Health Ministry. We are considering the same mix, including young Representatives of resident doctors,” the official said.
On August 12, the Indian Medical Association (IMA) – India's largest doctors' lobby, representing more than 3.5 lakh allopathic doctors across the country – issued a two-day “ultimatum” to the government to meet their demands , which included the introduction of this central law.
Following the letter, the IMA met Union Health Minister JP Nadda on Tuesday. “While the National Medical Council accepted the medical college's request for safety measures, for the other two requests (declaration of all hospitals as safe zones and the central law on violence against doctors), the minister said he would consider it. However, he promised to seek better safety measures for the residents. Good working conditions, including provision of appropriate rooms for night duty staff, etc.
Why India needs a law to protect healthcare workers
According to an article published in the popular medical journal “The Lancet”, from 2007 to 2019, a total of 153 violent attacks against medical staff were reported in India. It is still “exceptionally high”.
The authors of this opinion piece, representing the Association for Socially Applicable Research (ASAR), Pune, Maharashtra, write: “Violence against healthcare workers (VAHCW) is an urgent issue that requires the attention of all social stakeholders. Concern. This is not just a problem for the medical community. It weakens the health system and affects the quality of services provided to patients, which in turn leads to more opportunities for violence. The key to getting out of this vicious cycle is to implement a zero-tolerance policy.
How would this bill protect doctors?
In September 2019, the Ministry of Health and Family Welfare released a draft bill to address incidents of violence against healthcare professionals and damage to clinic property. The ministry, headed by Dr Harsh Vardhan, has sought public comments until the end of September. However, the bill was put in cold storage by the Home Ministry.
The draft bill bans all forms of violence against healthcare workers, including doctors, nurses, paramedics, medical students and ambulance drivers. Additionally, it prohibits any damage to hospitals, clinics and ambulances.
According to the draft Healthcare Personnel and Clinical Establishments Bill, 2019, anyone who commits violence against a medical professional will be punished with a jail term of six months to five years and a fine of Rs 50,000 to Rs 5 lakh. In addition, if serious harm is caused to a health care provider, the penalty is imprisonment from three to 10 years and a fine of Rs 200,000 to Rs 10,000.
It also says that if property is damaged or lost, the responsible person may be required to pay an amount equal to twice the property's current market value or the value of the loss. Additionally, if someone causes minor injury to a healthcare worker, they may have to pay Rs 1 lakh. If the injury is serious or serious, the fine may be Rs 5 lakh.
The bill gives powers to a strong investigative system as all offenses in the draft bill will be classed as cognizable offences, meaning police can make arrests without a warrant and without bail. Healthcare professionals who have been affected by a crime can submit a request to the head of the hospital (or any clinical facility) to notify the police. Further, any case filed under this Act will be investigated by a police officer holding at least the rank of Deputy Inspector General of Police.
