NEW DELHI: Following the nationwide protests over the brutal rape and murder of a trainee postgraduate student at RG Kar Medical College and Hospital in Kolkata, the Centre had proposed a model state law to protect healthcare workers.
However, despite the proposal, the Union Home Ministry and the Union Health Ministry have yet to meet to discuss the law’s modalities. This delay comes even as the Centre had earlier backed out of introducing a separate central law for healthcare professionals in 2019.
Kerala-based RTI activist Dr K V Babu, who has been pursuing the matter since last year, said the Home Ministry acknowledged through an RTI that the model state law was proposed in 2024. But since its formulation in September last year, he said, both ministries appear “clueless” about its status.
Speaking to TNIE, Dr Babu said that following the incident at RG Kar Medical College, the government proposed drafting the law, as confirmed by the Central Public Information Officer (CPIO) of the Home Ministry in an RTI reply.
“Now, it also seems to be kept in cold storage. This is a deplorable state of affairs, and I hope the Union Home Ministry will pursue the model state law," he said.
"I hope the model state act does not meet the same fate as was the case with the proposal to enact a central law for the protection of HCWs, which was mooted by the Ministry of Health in 2019."
Dr Babu said the Union Home Ministry informed him on February 19 that after the first meeting of the National Task Force (NTF), it was asked to draft a model law for states and UTs for protecting healthcare professionals.
According to the RTI reply, the Ministry of Health and Family Welfare constituted a sub-group on September 5, 2024, with DGMS (Navy) as the convener, to strengthen the legal framework across states.
However, the CPIO said no further information was available with the Home Ministry, and no communication had been issued to state home departments regarding the law. The reply added that details about the draft and file notings may be with the Health Ministry or the sub-group convener.
Dr Babu was also informed that his RTI had been forwarded to the Directorate of Armed Forces Medical Services and the Health Ministry.
On February 12, the Health Ministry informed him it had “no specific documents” regarding communications with the Home Ministry on the proposed law.
In response to his January 19 RTI seeking meeting minutes, it said, “No minutes of the meeting held between the Ministry of Health and Family Welfare and the Ministry of Home Affairs regarding a model state law for the protection of healthcare professionals is available.”
Unsatisfied, Dr Babu filed another RTI on March 30. On April 25, the Home Ministry reiterated its earlier response, again referring the matter to the Health Ministry and DGAFMS. Meanwhile, the DGAFMS forwarded his query to the Health Ministry on March 3.
In response to his follow-up RTI, the Health Ministry said on March 25 that communication between the two ministries on the matter was not available with them.
“The ministries seem to be clueless and seem to pass the buck. Earlier, also the government clarified in its RTI reply in September 2024 to me that it was decided not to enact a separate legislation for prohibiting violence against doctors and other health care professionals,” Dr Babu said. The ministry had also informed Parliament that a separate central law was unnecessary.
The Indian Medical Association (IMA), which has over four lakh doctors as members, and several resident doctor associations including FAIMA and FORDA, have been demanding a central act to address rising violence against healthcare workers.