Need for a Central Protection Act

Context:

Resident doctors across India are on strike, demanding laws to ensure their safety at work. This action was triggered by the rape and murder of a young doctor at R.G. Kar Medical College and Hospital in Kolkata on August 9. The doctor’s body was found in the seminar room of the emergency building where she had been working, sparking protests. Doctors claim that the hospital administration and State government tried to downplay the incident, highlighting the absence of a Central law protecting healthcare workers.

Relevance:

GS2- Health, Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes

Mains Question:

With reference to the recent incident at the Medical College and Hospital in Kolkata, discuss the challenges faced by healthcare professionals in India. To what extent can a Central Protection Act be effective in dealing with them? (15 Marks, 250 Words).

Constitutional Provisions:

• The situation on the ground reflects constitutional provisions where health and law and order are State subjects.
• This means it is primarily the responsibility of the State government or Union Territory administration to address such issues and prevent violence.
• The Union government has acknowledged that there is no centralized record of fatalities among medical professionals due to attacks by patients’ families.

Violence Against Healthcare Workers in India:

• Violence against healthcare workers in India is not a new phenomenon. In 1973, Aruna Ramchandra Shanbaug, a junior nurse at King Edward Memorial Hospital in Mumbai, was sexually assaulted by a hospital sweeper, leading to a vegetative state that lasted over 41 years until her death in 2015.
• Despite this tragic incident and others like it, healthcare workers continue to demand basic safety measures in hospitals, such as better lighting, increased security, and the installation of properly monitored security cameras.
• Protesters in Delhi highlight the inadequate safety measures in medical colleges, such as poorly lit corridors, insecure wards, and the long distances between departments.
• They emphasize the need for urgent improvements in working and living conditions, including better lighting, security guards, cameras, and manned walkways between departments, operating theaters, and emergency areas.
• “These simple steps could make a significant difference,” the doctors explain. “We’ve repeatedly asked for a safe work environment. This tragic incident serves as a wake-up call. Doctors, especially junior doctors working night shifts, and nurses—both male and female—are increasingly at risk, not only physically but mentally as well. Concerns about their safety, lives, and mental health are growing,” said Dr. Praveen Gupta, Principal Director and Chief of Neurology at Fortis Hospital.
• Calling for immediate systemic reforms to prevent such tragedies, Archana Dhawan Bajaj, a gynecologist at Nurture Clinic, stressed the importance of a Central Protection Act for doctors. “There is a pressing need to improve the working conditions of junior doctors across the country,” she added.
• Violence against healthcare workers is a global issue, but many countries have implemented effective measures to protect their medical professionals, offering models that India could follow.
• The U.K.’s NHS enforces a zero-tolerance policy on violence, backed by a dedicated security team and a comprehensive reporting system. In the U.S., some states classify assaults on healthcare workers as felonies, serving as a strong deterrent.
• Australian hospitals have introduced safety measures such as security personnel, panic buttons, and mandatory de-escalation training. India must urgently implement a Central Protection Act and adopt similar measures to ensure a safer environment for its healthcare workers.

What are the Doctors Demanding?

• The Indian Medical Association (IMA), a national organization of allopathic doctors, has emphasized the need for a shift in policy to acknowledge and address violence against doctors in healthcare facilities.
• In their list of demands to the Union government, they have called for hospital security measures on par with those at airports and have urged that healthcare centers be designated as safe zones with mandatory security provisions, including CCTV surveillance and the deployment of security personnel.
• The IMA pointed out that the victim had been on a 36-hour duty shift without access to a safe place to rest, highlighting the urgent need for a complete overhaul of the working and living conditions of resident doctors.
• IMA National President added that doctors are also demanding a thorough and professional investigation of the crime within a specified timeframe, as well as justice for the victim.
• They are calling for the identification and exemplary punishment of those responsible for the violence, along with appropriate and dignified compensation for the bereaved family.

What Provisions has the Centre Brought in?

• On August 16, the Ministry of Health and Family Welfare issued an order requiring that “in the event of any violence against any healthcare worker while on duty, the head of the institution shall be responsible for filing an institutional FIR within a maximum of six hours of the incident.”
• This order was issued in response to the increasing violence against doctors and other healthcare staff in government hospitals.
• The order acknowledges that many healthcare workers suffer physical violence during their duties, often at the hands of patients or their attendants.
• Earlier this week, the National Medical Commission (NMC) directed all medical colleges to develop policies to ensure a safe work environment on both college and hospital campuses for all staff members.
• The NMC also mandated that any incidents of violence against medical students be promptly investigated by the college management, with an FIR filed as necessary.
• Additionally, the NMC ordered that a detailed action taken report on any incident of violence be submitted to the commission within 48 hours.

Conclusion:

Healthcare centers should be designated as safe zones, with mandatory security measures implemented to ensure the safety and well-being of all staff and patients. This includes the installation of CCTV cameras, deployment of trained security personnel, and other necessary protocols to prevent violence and ensure a secure working environment. Establishing healthcare facilities as protected areas is essential to safeguard medical professionals and provide them with a safe space to carry out their duties without fear of harm.