On November 29, the Centre said that it does not maintain data or details on incidents of violence against medical professionals in the country.
In a written reply to the Lok Sabha, Minister of State for Health and Family Welfare Anupriya Patel said, “The data and details of incidents of violence against medical professionals in the country are not maintained centrally,” reported The New Indian Express.
Further, she also said that there is no need for a separate central law to protect medical professionals — a demand raised by many medical organisations, including the Indian Medical Association (IMA), which has over four lakh members, and various resident doctors' associations, including the Federation of All India Medical Associations (FAIMA).
The demand for a strong central law to protect healthcare workers gained momentum following the brutal rape and murder of a trainee female doctor on duty at a West Bengal government hospital in August.
In response to a question from DMK (Dravida Munnetra Kazhagam) leader Kanimozhi Karunanidhi on whether the government is aware of the rising incidents of violence against medical professionals, the minister said that, as per constitutional provisions, "health" and "law and order" are state subjects.
“Therefore, it is the primary responsibility of the concerned state/union territory to take note of events and eventualities and take appropriate action to prevent violence against healthcare professionals. It needs to be dealt with suitably by the state/union territory under provisions in the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 so that medical professionals can discharge their professional duties without fear of violence,” she added.
New laws?
When asked whether the government plans to introduce or amend any legislation to ensure the safety and protection of medical professionals from such violence, the minister said many states have already enacted laws to address violence against healthcare professionals.
Most state laws cover minor offences and prescribe punishment for them. Major offences or heinous crimes, she noted, are adequately covered under BNS, 2023. "As state laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS, 2023, a separate central law to deal with offences against healthcare professionals is not required," the minister said.
She also mentioned that following the alleged rape and murder of a trainee doctor at RG Kar Medical College and Hospital in Kolkata, the Health and Family Welfare Ministry issued an advisory to all Central government hospitals and institutes, including All India Institutes of Medical Sciences (AIIMS) and medical colleges, to ensure the filing of First Information Reports (FIRs) within six hours of any incident of violence against medical professionals.
The ministry also advised all states and union territories to take immediate measures to enhance security and provide a safer working environment for medical professionals.
Taking cognisance of the alleged rape and murder incident at RG Kar Medical College and Hospital, Kolkata, the Supreme Court constituted a National Task Force (NTF) to formulate effective recommendations to address concerns related to the safety, working conditions, and well-being of medical professionals.
The NTF has already submitted its report to the Supreme Court, in which it stated that there is no need for a separate central law to protect healthcare workers.
In response to a question from Congress MP Kuldeep Indora about the IMA's survey indicating that doctors, particularly women doctors, do not feel safe during night shifts due to inadequate security protocols across the country, Patel said the survey was an independent initiative and that the Central government had not participated in it.
To another question from Trinamool Congress (TMC) MP Sayani Ghosh on violence against healthcare workers, the minister reiterated, “It is the primary responsibility of the concerned state/union territory to take note of events and eventualities and take appropriate action to prevent violence against healthcare professionals.”
