Doctors are standing by their call for a Central Act to protect healthcare workers in the workplace, even as the Centre reportedly does not see the need for one, as States have their own laws in place.
After hours of brainstorming with doctor associations from across the country, the Indian Medical Association said in its letter to the Union Health Minister JP Nadda, “The issue of promulgating an ordinance for the Central Act for protection of Healthcare professionals remains to be addressed. Indian Medical Association is keen on a Central Act in this regard.”
The letter comes even as the Supreme Court intervened in a case involving the alleged rape and murder incident of a trainee doctor in Kolkata’s RG Kar Medical College, and had among other things, also set up a National Task Force to recommend measures for a safe working environment for healthcare practitioners, including the working and living conditions of resident doctors, the letter noted. On Thursday (August 22), the apex court has called for a status report from the Central Bureau of Investigation.
Three central ministries, Home, Law and Health had discussions with the doctors for a Central Act against violence and were involved in drafting the Bill, IMA National President Dr RV Asokan told businessline, adding that nothing has changed since for the Centre to turn-back on this intent.
The IMA letter said, the Union Health Ministry “under your watch has documented an Office Memorandum with the IMA where the Ministry has said that “it shall explore the possibility to initiate the process to bring a Central Act in line with those in vogue in the state”. A draft legislation “The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019” was placed in public domain after consultation with all stake holders.
2019 Draft Bill
As for the 25 State legislations, it said, they have not prevented violence across the country, the IMA said, adding that there were few FIRs and very few convictions .“There is an urgent need to bring in a Central Act on Violence on Doctors and Hospitals. This is felt acutely by the medical fraternity of India,” the doctors body said, calling for the Draft bill 2019 incorporating the amendment clauses of the Epidemic Diseases Amendment Act, 2020 and the Code Grey Protocol of Kerala Government “Prevention Management of Violence against Healthcare workers” to be proclaimed as an ordinance.
Pointing to the Centre’s ability to put in place a Central Act, IMA said, the Clinical Establishments (Registration and Regulation) Act, 2010 was enacted by Parliament at the request of four states “even though hospitals and dispensaries come under the state list of the Constitution of India.” Similarly, during Covid-19, the Epidemic Diseases Amendment Ordinance, 2020 was proclaimed on 22nd April 2020, amending the Epidemic Diseases Act ( 1897). It was approved and passed by Parliament as the Epidemic Diseases Amendment Act, 2020 and received President’s assent on September 28, 2020.
The letter named four doctors killed in the line of duty , including Dr Sethulaxmi in Tuticorin, Tamil Nadu (2012), Dr Deben Dutta in Teok Tea Estate, Jorhat, Assam (2019), Dr Vandana Das in Kottarakkara, Kerala (2023) and trainee doctor in RG Kar Medical College and Hospitals, Kolkata (2024). “Doctors stand as a separate class by the nature of their professional services,” the IMA said, adding “The State has a bounden duty to provide safety and security to the doctors and other healthcare personnel. “Right to Life” is a fundamental right.”
Meanwhile, the IMA has left it to state resident doctor associations to decide on how to take their regional protests ahead, IMA representatives said.