In response to rising violence against healthcare professionals, the Modi government will revive the shelved draft bill, ‘The Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property).’ This move follows nationwide outrage over the horrific rape and murder of a female doctor at Kolkata’s R G Kar Medical College and Hospital. Originally proposed in September 2019, the legislation aims to provide stronger legal protections to healthcare workers. It will impose severe penalties on those who perpetrate violence against them.
Provisions for Tougher Punishments and Steeper Fines
The draft bill criminalises any act of violence or damage to property in healthcare institutions. Offenders will face a minimum jail term of six months, extendable up to five years. In cases where the violence results in grievous harm, the punishment increases. The imprisonment is ranging from three to ten years.
In addition to incarceration, the bill mandates hefty fines for offenders. Acts of violence will attract fines ranging from ₹50,000 to ₹5 lakhs. Grievous harm will incur fines between ₹2 lakhs and ₹10 lakhs.
Non-Bailable Offenses and Senior-Level Investigations
The proposed legislation categorizes violence against healthcare professionals as a cognizable and non-bailable offense. This ensures immediate and significant legal consequences for perpetrators. The bill also requires healthcare institutions to notify the police about any attacks on their personnel.
Senior police officers, specifically those of the rank of Deputy Superintendent of Police (DSP) or higher, will investigate these cases to ensure proper attention and thorough investigation.
Compensation for Victims and Vandalized Institutions
One of the most significant provisions of the proposed bill mandates compensation for victims. Convicted individuals must pay ₹1 lakh for causing hurt and ₹5 lakhs for causing grievous hurt to healthcare workers. The bill also requires compensation for damage to healthcare property at twice the fair market value of the destroyed assets.
If the convicted individuals fail to pay the imposed compensation, authorities will recover the amount as an arrear of land revenue, ensuring that victims receive their due compensation.
Defining Healthcare Violence
The draft bill defines violence in healthcare settings to include acts that cause harm, injury, or intimidation to healthcare workers, obstruct their duties, or result in damage to property within clinical establishments. This broad definition ensures the law covers all forms of aggression against healthcare workers.
Why the Bill Was Shelved Healthcare Violence
Despite its importance, the bill faced shelving after the promulgation of the Epidemic Diseases (Amendment) Act, 2020, during the COVID-19 pandemic. This act temporarily addressed violence against healthcare workers but did not offer a permanent solution. In July 2022, the Union Ministry of Health and Family Welfare officially decided to abandon the 2019 draft bill, a move that Union Health Minister Dr. Mansukh Mandaviya later confirmed in early 2023.
The Push for Revival
The tragic incident at R G Kar Medical College reignited the debate on the safety of healthcare professionals. On 12th August 2024, the Indian Medical Association (IMA) demanded the enactment of the bill to protect healthcare workers, prompting the government to form a panel to review the legislation.
A senior bureaucrat revealed that the new panel would likely include representatives from various stakeholders, including doctors, medical associations, and senior officials from multiple ministries, ensuring a comprehensive approach to the issue. The panel’s composition will resemble that of the 2019 panel, with possible additions such as young resident doctors.
As the Modi government moves forward with this crucial legislation, it aims to end the increasing violence against healthcare professionals, ensuring their safety and dignity in the workplace. The bill, if enacted, will send a strong message that society will not tolerate violence against those who dedicate their lives to saving others.
