NEW DELHI: Even as the Supreme Court is hearing a case on rising assaults on doctors and other medical professionals in the country, the Union Health Ministry has reiterated that it is not working on a draft legislation bill, which addresses the issue of violence against healthcare practitioners, according to a Rights to Information (RTI) query.
Kannur-based ophthalmologist KV Babu in his RTI had asked the ministry whether the government plans to pursue the draft legislation ‘The Healthcare Service Personnel and Clinical Establishments (prohibition of violence and damage to property) Bill, 2019. The legislation sought to penalise those assaulting doctors and other healthcare professionals with imprisonment not less than six months, which can be extended to five years and a fine not less than Rs 50,000 and which may extend to Rs 5 lakh.
The ministry in its reply, said, “With regard to your RTI Application, it is informed that it was decided not to pursue the draft legislation...” It further said that “no further action has been taken on the matter and no recent communication has been done with the Ministry of Home Affair, as per records available in the medical services section.”
The Home Ministry had rejected the draft proposal in 2019, saying that a separate law covering medical professionals cannot be considered. Babu had first filed the RTI on July 5, in which he received the same reply. He then filed another RTI on July 27 following reports that the health ministry is mulling the legislation after the suicide by Dr Archana Sharma, who was booked in an alleged medical negligence case in Rajasthan in March.
Medical fraternity and doctors’ associations, including the Indian Medical Association, had demanded a stringent law to stop attacks on physicians and other health personnel. Even the World Medical Association (WMA) wrote to Prime Minister Narendra Modi urging him to find a solution to the number of attacks on the medical practitioners in India in April. The proposed legislation was drafted when Dr Harsh Vardhan was union health minister. “The logic to shelve the proposal was that a separate law is not needed in this regard, then why in April 2020, the government came out with an amendment in the Epidemic Act (Amendment) Bill, 2020 during the pandemic,” Babu said.
He said the amendment includes protections for healthcare personnel combatting epidemic diseases. “My point is when the government was in dire need during the pandemic when people were attacking doctors and other medical practitioners, the government introduced the amendment. So why is it now backtracking from its promise.”
Bill on Healthcare Service Personnel safety
Kannur-based ophthalmologist KV Babu in his RTI had asked the ministry whether the government plans to pursue the draft legislation ‘The Healthcare Service Personnel and Clinical Establishments (prohibition of violence and damage to property) Bill, 2019. The legislation sought to penalise those assaulting doctors and healthcare staff