No need for Central law to tackle crimes against health workers: National Task Force files report in Supreme Court

The NTF says States have enough laws to keep healthcare professionals safe, while the Bharatiya Nyaya Sanhita could take care of heinous offences committed against them; measures suggested in the report include deployment of trained security personnel in hospitals, coordination with local police, and night-shift safety protocols and transportation for medical staff

The National Task Force (NTF) report filed in the Supreme Court in the suo motu case concerning the R.G. Kar rape and murder case has said there was no need to enact a “separate Central law” to protect healthcare professionals.

The NTF said States had enough laws to keep healthcare professionals safe. Besides, the Bharatiya Nyaya Sanhita, 2023 (BNS) could take care of heinous offences committed against doctors and medical staff, the report said.

Also read | The ongoing malaise of violence in healthcare settings

“It has been observed that State laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS. A separate Central law to deal with offences against healthcare professionals is, therefore, not required,” the NTF reasoned.

The report was dealing with the question whether enforcement mechanism under existing laws need strengthening.

“It is noted that 24 States have already enacted laws to address violence against healthcare professionals, whereby the terms ‘healthcare professional’ and ‘medical professional’ have also been defined. Two more States have already introduced their Bills in this regard. Most of the State laws cover minor offences and prescribe punishment for them. The major offences/heinous offences are adequately covered under BNS,” the NTF noted.

The report said in States where there were no specific laws to protect medical professionals, the BNS could be used to immediately address acts of violence against them.

The NTF recommendation is diametrically opposite to a persistent demand from doctors’ bodies to have a separate Central law. In fact, the Indian Medical Association (IMA) had written to the NTF, which was also mandated by the Supreme Court to formulate an enforceable national protocol for the safety and security of medical professionals, demanding a “deterrent Central law” dealing with violence against doctors and hospitals and to declare hospitals as safe zones.

The NTF was constituted by the apex court in the wake of the protests by doctors and medical professionals following the horrific rape and murder of a postgraduate doctor at the State-run RG Kar Medical College and Hospital in Kolkata.

“The only preventive strategy that could be applied across the board and across all States is a deterrent Central law in statute… We, the medical professionals of India expect the National Task Force to live up to our expectations and instil confidence in the minds of the demoralised doctor community,” the IMA had written to the NTF.

In the report, the NTF concludes that the government has taken “several initiatives” to strengthen women’s safety. It said steps ought to be taken to increase awareness about these government initiatives.

“The legal framework for preventing crimes against women has been strengthened and streamlined by adding a separate chapter in BNS. The new criminal laws include 37 Sections addressing crimes against women,” the NTF highlighted.

The recommendations of the NTF has been divided into three categories - short-term, medium-term and long-term - after receiving suggestions from 53 associations and 1,700 individuals/hospitals. Information on facilities in over 8,000 government healthcare establishments and private healthcare establishments with over 100 beds were considered.

The measures suggested deployment of trained security personnel in hospitals, coordination with local police, high walls, limited biometric access, night-shift safety protocols and transportation for medical staff, augmentation of mobile network, CCTVs, restrooms and toilets, internal complaints committee to act on sexual harassment complaints, etc.

Recommendations also include having “round-the-clock presence of a senior doctor in emergency service area”.

“Presence of senior residents in emergency units at night may also be ensured,” the report said.

The NTF said FIRs, including zero FIRs, should be filed within six hours of the reporting of any act of violence committed against medical professionals at their workplaces.

The task force identified “poor communication” between medical professionals and patients’ families as a major source of frustration, mistrust and tension leading to violence and even mob attacks.

Published - November 16, 2024 03:00 am IST