Junior doctors, trainee doctors and medical students protest against the sexual assault and killing of a postgraduate trainee doctor, in Kolkata, Monday, Aug. 12, 2024. File Photo | PTI
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No separate law to protect medical professionals from workplace violence: Minister in RS

The government had drafted a separate law in 2019 to protect the medical professionals, but later scrapped the proposal.

Kavita Bajeli-Datt

NEW DELHI: The centre on Tuesday said there is no plan to introduce a separate law for the protection and safety of medical professionals from workplace violence.

In a written reply in the Rajya Sabha, the Minister of State of Health and Family Welfare, Anupriya Patel, said, “As the state laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS, 2023, there is no proposal in the central government for introduction of a separate legislation in this regard. There is no proposal in the central government for introduction of a separate legislation in this regard.”

The government had drafted a separate law in 2019 to protect the medical professionals, but later scrapped the proposal.

The need for a separate law to protect and safeguard the medical professionals has been a longstanding demand of the Indian Medical Association (IMA) and various medical bodies and resident doctor's associations. The demand has been made in the wake of increasing number of cases of violence against doctors and health professionals over the past few years,

To a question from Congress Rajya Sabha MP, Dr. Syed Naseer Hussain, on the number of reported incidents of violence against healthcare professionals in the past three years, the minister said, “As per constitutional provisions, ‘Health’ and ‘Law and Order’ are state subjects. Therefore, it is the primary responsibility of the concerned state/ Union Territory to take note of events and eventualities related to incidents of violence against healthcare professionals.”

She also said that data and details on the number of incidents of violence against healthcare professionals are not maintained centrally.

However, she said, the Union Health Ministry has issued advisory to all central government hospitals/institutes, All India Institutes of Medical Sciences (AIIMS), and medical colleges to ensure filing of FIR by the institutes within six hours of any incident of attack on medical practitioners.

She further said that all the states/UTs have also been advised by the ministry to take immediate measures for enhancing security and providing a safer working environment for medical practitioners.

Also, she said, taking cognizance of the incidents of violence against medical professionals, the Supreme Court constituted a National Task Force (NTF) for formulating effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals and other cognate matters.

Patel said the NTF has already submitted its report to the Supreme Court and the matter is sub-judice.

She added many states have enacted laws to address violence against medical professionals.

“Most of the state laws cover minor offences and prescribe punishment for them. Major offences/ heinous crimes are adequately covered under Bharatiya Nyaya Sanhita (BNS), 2023. 

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