NTF asserted that provisions under the BNS and laws enacted by 24 states to address violence in medical establishments are adequate to protect doctors.
Published Nov 18, 2024 | 7:00 AM ⚊ Updated Nov 26, 2024 | 2:46 PM
Representative image of a doctor with patient (iStock)
The Supreme Court-appointed National Task Force (NTF) has concluded that there is no requirement for a separate central law to protect healthcare professionals from violence, stating that existing laws are sufficient to address such issues.
The task force, comprising prominent medical experts and administrators, was constituted in response to the rape and murder of a postgraduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital.
The NTF’s findings were recently submitted to the Supreme Court as part of its report on the case.
The 10-member panel include Vice Admiral Arti Sarin, Director General (Medical Services); Dr D. Nageshwar Reddy, Chairman of the Asian Institute of Gastroenterology, Hyderabad; Dr M. Srinivas, AIIMS-Delhi Director; and Dr. Pratima Murthy, Director of the National Institute of Mental Health and Neurosciences, Bengaluru.
The NTF asserted that provisions under the Bharatiya Nyaya Sanhita (BNS) 2023, coupled with laws enacted by 24 states to address violence in medical establishments, are adequate. For states without such specific laws, the BNS provisions could be utilised to tackle acts of violence against healthcare professionals.
“State laws address day-to-day minor offences effectively, while the BNS sufficiently covers major and heinous crimes. A separate central law is, therefore, unnecessary,” the report stated.
The panel also acknowledged that two additional states are in the process of introducing legislation to protect medical professionals.
NTF emphasised that immediate measures could improve safety and working conditions for healthcare workers, including:
The report also suggested that poor communication between medical staff and patients’ families often escalates to violence and needs to be addressed.
NTF report, rejecting the need for a central law to protect healthcare professionals, has sparked widespread criticism from doctors, particularly those at the frontline of patient care. Many argue that the task force adopted a “top-down” approach, failing to address the challenges faced by junior doctors and on-duty residents who bear the brunt of aggression and violence.
“It’s the residents and doctors on duty who face aggression and violence, not the deans and directors who decided that ‘doctors don’t need a central law.’ These people don’t represent Indian doctors,” said psychiatrist Dr. Praveen Tripathi in a post on X (formerly Twitter).
It’s the residents and doctors on duty who have to face the aggression and violence, not the deans and the directors who decided that “Doctors don’t need a central law”.
These people don’t represent Indian doctors.
Shame!! pic.twitter.com/aGI84nnfrq— Dr. Praveen Tripathi (@drpraveenpsy) November 16, 2024
Kerala-based ophthalmologist and RTI activist Dr. KV Babu questioned the rationale behind the NTF’s conclusion.
“If no central law is needed, why did the Ministry of Health and Family Welfare propose such a law in September 2019? More than two years ago, the ministry responded to my RTI stating there was no law against violence on healthcare workers. But they never said a central law isn’t needed, like the NTF claims now!” Dr. Babu wrote on X .
More than two years back @MoHFW_INDIA responded to my RTI stating that ,there is no law against violence on HCWs . Reiterated the position on Sept 5th 2024 too
But they never said ” no central law ” is needed like the NTF ! https://t.co/vFVtiqywJ8
— Dr Babu K V (@drbabukv) November 17, 2024
Critics have also raised concerns about the composition of the task force, dominated by senior administrators and directors of premier institutions.
Neurologist Dr. Rahul Chawla highlighted the disconnect between decision-makers and frontline healthcare workers.
“The who’s who of the Indian medical community—directors, HODs, and chairpersons of top government and private institutions—have submitted to the Supreme Court that we don’t need a central law to protect healthcare workers. Sitting in their heavily guarded offices, they might feel safe. But resident doctors on night shifts, medical officers in PHCs, surgeons in tier-2 cities, and even oncologists in metro cities at corporate hospitals don’t share that sense of security,” Dr. Chawla wrote.
Dr. Chawla further noted that assault on doctors are no longer confined to junior doctors in government hospitals. “This problem has reached corporate hospitals and could soon affect even those in their luxurious offices. The root causes are a lack of public healthcare infrastructure, corruption by a few bad actors, and mistrust fueled by media, films, health influencers, and quacks,” he added.
The NTF’s findings contradict the long standing demand from medical professionals for a central law to safeguard doctors. The Indian Medical Association (IMA) has consistently advocated for a “deterrent central law” and the declaration of hospitals as safe zones.
“The only preventive strategy applicable nationwide is a strong central law. This would instil confidence in the demoralised doctor community,” the IMA stated in its letter to the task force.
The NTF’s recommendations are based on feedback from 53 associations, 1,700 individuals, and surveys conducted at over 8,000 government and private healthcare establishments.
The proposals have been categorised into short-term, medium-term, and long-term solutions, focusing on improving security measures, enhancing communication between medical staff and patients’ families, and ensuring swift legal recourse in cases of violence.
Despite these recommendations, frontline doctors argue that the absence of a central law leaves them vulnerable, especially in volatile and under-resourced healthcare settings. The debate underscores the need for bridging the gap between policy decisions and the realities faced by healthcare workers.
Addressing the safety of women healthcare workers, the NTF noted that the government has taken several initiatives, including introducing a dedicated chapter in the BNS with 37 sections related to crimes against women.
The task force suggested raising awareness about these measures and improving facilities such as restrooms, biometric access, and internal complaints committees to address sexual harassment.
The Supreme Court is set to deliberate on the NTF’s report and its recommendations.
Meanwhile, the healthcare fraternity continues to advocate for robust legal and administrative frameworks to ensure the safety and well-being of medical professionals nationwide.
(Edited by Neena)
