For past few years we are witnessing an alarming rise in violence against Medical Professionals , including cases of rape and murder. This has brought to light the urgent need for comprehensive safety laws for Healthcare Workers all over India.
We need to ask ourselves the Question :
Can the nation afford to wait and watch for another tragic incident to occur before implementing any strict safety measures and law for Healthcare Professionals ?
This shear lack of interest by both Central and State government in implementing strict Policies not only endangers the lives of those who serve on the frontlines but also reflects a collective failure of our society to protect its healers.
R. G. Kr Incident and CJI Note regarding Safety Concerns
Pic : A bench comprising Chief Justice of India (CJI) D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra during hearing on a suo moto case related to the alleged sexual assault and murder of a postgraduate trainee doctor in Kolkata, at the Supreme Court in New Delhi, Tuesday. (PTI)
Chief Justice of India D.Y. Chandrachud and Bench noted on the Hearing on The Suo Moto Case related to the alleged sexual assault and murder of a postgraduate trainee doctor in Kolkata’s R. G. Kar Medical College And Hospital that –
“Medical professions have become vulnerable to violence. Due to ingrained patriarchal biases, women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground,”
R. G. Kar Incident and SC Views
On 9 August a 31 year old second year Chest Medicine Post Graduate Trainee was found raped murdered at the R G Kar Medical College and Hospital in Kolkata after working a long 36 hour shift.1 A week later the hospital emergency was vandalised by a crowd of people who destroyed various sections of the hospital
National Task Force
Supreme Court suggested to constitutes 10-member task force to formulate protocol for ensuring safety of doctors in Workplace. The task force will submit an interim report within three weeks and a final report within two months, addressing institutional safety measures and systemic issues.
National Task Force Functions as advised by SC
The Supreme Court has instructed the National Task Force (NTF) to create an action plan and focus on two key areas
Prevention of Violence : preventing violence, including gender-based violence, against medical professionals,
Drafting Protocol : implementing a national protocol to ensure safe and dignified working conditions for all healthcare workers, including interns, residents, doctors, and nurses.
The root of the Problems in Government Healthcare
The root of the Problem that Healthcare workers, who dedicate their crucial times of youth of their lives in learning Medical science and saving others lives , are increasingly becoming targets of brutal attacks, often with little legal protection can be demonstrated under two broad topics.
First one : Lack of Right laws to protect Healthcare Professionals from alleged attacks
Second one : The most important one, most of the Government Tertiary Healthcare centers lacks the basic facilities needed to do continuous duties for its Residents as well as their safety provisions.Now imagine the situation and safety in Primary and Secondary healthcare centers.
Legal Laws for Protection of Health Professionals
The laws governing Healthcare Workers in India are a wide range of regulations and statutes but there is substantial lack of proper laws to protect doctors and Healthcare workers from violent acts by common public.
Reason behind no strict Provisions
A central law has not been enacted to protect healthcare workers because public health is classified as a State subject in India, and violence against healthcare workers (VAHCW) is primarily considered a public health-related issue. Although the concurrent list permits the central government to pass laws in this area, it has not made this a priority, opting instead to leave the matter to individual States to address .
So there is no central law in place to safeguard healthcare workers across India. As of 2020, only 19 States have implemented their own Acts, each with different provisions. Several other States and Union Territories lack any protective laws altogether. This lack of uniformity leads to inconsistent protection for healthcare workers nationwide, and even where laws do exist, they are often inadequate and ineffective.
Prevention of Violence Against Doctors, Medical Professionals and Medical Institutions Act, 2019
This act says that Any act of violence against a doctor, medical professional, or medical institution is strictly prohibited and must be prevented at all levels. Offenses committed under this Act are considered cognizable and non-bailable, and they will be tried by the Court of Judicial Magistrate of the First Class.
Kerala State Law
The “Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act of 2023” is one of the most robust state laws in India for protecting healthcare professionals. This legislation provides extensive protection to a diverse group of healthcare workers, including doctors, nurses, paramedics, pharmacists, lab technicians, clerks, ministerial staff, and security guards. By encompassing a broad spectrum of roles, the act aims to create a safer working environment for all individuals involved in healthcare services.
Is Government actually interested ?
The Nirbhaya Fund was created to ensure the dignity and safety of women after Delhi incidence.Indian government has allocated 1,000 crore Rupees per year since 2013 but sadly has remained largely unspent.
So from 2013 to 2024 it’s almost 11 years and if 1000cr fund is allocated per year property It sums up to 11000 crore .
As per government data there are a total of 706 medical colleges in India which offer courses like MBBS, MD/MS, and Diploma at the undergraduate and postgraduate levels. As per the latest NMC data, out of these 706 medical colleges in India, 386 are government colleges while 320 are private medical colleges.
So if government wished to focus for improvement of woman safety issues in Government Medical College and Hospital in a single year it could allocate ( 1000 Crore / 386 ) = 2.59 Crore Money per government medical college
The way outs in grassroot levels
Strengthening Implementation
All government hospitals should have a proper separate restroom (On Call Room) for both Male and Female trainees. The room should be equipped with proper doors with strong locking systems for females, clean washrooms and proper supply of safe drinking water.
Enhanced Security
The security personnel should be properly deployed in potential areas specifically Emergency and also ward areas. The security workers should be properly screened and trained. A proper directory must be maintained. Both female and male security persons will be working in every department.
CCTV Surveillance
Proper CCTV installation and monitoring is required around all the Corners of Hospitals, Hostels , Stairs, Rest Rooms, Seminar Halls and On Call Rooms. Installation of CCTV and AI powered human detection is a must in Emergency Development to counter violence against on call doctors.
Technology Utilization
Use of advanced technology for better reporting and tracking of crimes against women could include user-friendly mobile apps / SOS Buttons for reporting crimes and AI-powered systems for data analysis.
Regular Assessments and Checking
Proper periodic evaluations of existing systems , CCTV functionality and policies to assess their effectiveness and make necessary adjustments.
While deployment of proper infrastructure, taking proper security measures goes hand on hand Strengthening of Laws now is crucial and demand of the time to prevent further violence and create a safe environment for healthcare workers.Hope things improve and we don’t loose another Doctor to prove the need of legislation of strict law against violence of healthcare professionals.
N.B. – All the views are my Personal
