RG Kar Medical College Murder Case: What every medical student should know about Central Protection Act for Doctors

NEW DELHI: The rape and murder of a 31-year-old junior doctor at RG Kar Medical College in Kolkata sparked widespread outrage and serious concerns about the safety of medical professionals in hospitals and healthcare facilities. The case has once again highlighted the mistreatment of doctors and other healthcare professionals , exacerbating the problems in an already overburdened healthcare system.

According to reports, a survey conducted by the Indian Medical Association (IMA) reveals the alarming extent of stress and fear among doctors. According to the survey, 82.7% of doctors experience significant stress in their profession, 62.8% fear violence, and 46.3% identify violence as a major source of their stress. These figures illustrate the growing concern regarding the safety and well-being of medical professionals.

What factors contribute to violence against doctors ?
The primary causes of violence against doctors often stem from misunderstandings and misplaced blame. Patients, patient-party sometimes attribute poor medical outcomes to negligence, failing to understand that the effect of medicine, treatment is not an exact science and varies from person to person. Additionally, it's important to understand and acknowledge that many medical conditions have limited treatment options, and sometimes, despite best efforts, complications can arise.

Several factors contribute to the rising violence against healthcare professionals in India. Negative portrayals of doctors by the media, sensationalised reports of patient deaths, and the high patient load and long working hours—sometimes beyond 120 hours a week—leave doctors with little time to effectively communicate with patients. Additionally, the economic pressures, including high treatment costs and the poor socioeconomic status of patients, contribute to frustration and aggression, often resulting in mob mentality and demands for instant justice.

Why are the doctors demanding a central legislation?
There is an increasing demand for a detailed national law protecting medical professionals (not just doctors) from violence in workplaces (i.e clinics, hospitals, nursing homes, sanatoriums etc). People advocating for this, argue that such legislation, which classifies attacks on healthcare workers as non-bailable offences with harsh penalties, could significantly reduce these incidents. While 19 Indian states have passed legislation to protect doctors, Andhra Pradesh led the way in 2007 by making violence against doctors a non-bailable offence punishable by imprisonment and fines.

What is the Central Protection Act for Doctors ?
The 'Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 2022,' also known as the 'C entral Protection Act for Doctors' was introduced in the Lok Sabha in the year 2022. This proposed legislation aimed at defining violence, prohibit such acts, and establish penalties for offenders. It also mandates the reporting of incidents and includes provisions for public sensitisation and grievance redressal in a systematic manner.

What are the key provisions of the proposed Central Protection Act for Doctors?
The key provisions of the Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 2022, include:

•Definition of Violence: The Act defines "violence" as any act causing harm, injury, or intimidation to healthcare professionals while performing their duties, as well as damage to property or reputation.

•Prohibition of Violence: The Act prohibits violence against healthcare professionals and clinical establishments, including targeted violence based on caste, gender, religion, language, or place of birth.

•Cognizability and Penalties: Offences under this Act are cognizable and non-bailable, meaning they can be arrested without a warrant and are subject to trial by a Judicial Magistrate of the First Class.

•Mandatory Reporting: The Act mandates the reporting of violence and establishes a panel to investigate such cases.

•Public Sensitisation: It emphasises the need to inform the public about the constraints faced by healthcare professionals and promote understanding.

•Grievance Redressal Mechanism: The Act calls for mechanisms to address grievances and reduce long waiting periods in healthcare settings.

•Curriculum Changes : It suggests incorporating cognitive, psychomotor, and empathic skills into medical education to help reduce conflicts between healthcare providers and patients.


Who qualifies as a "Healthcare Professional" under the proposed law?
Under the Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 2022, the term healthcare professional includes:

•Registered Medical Practitioners: Individuals with recognized medical qualifications under the National Medical Commission Act, 2019.

•Mental Health Professionals: Defined under the Mental Healthcare Act, 2017.

•Dental Professionals: Registered dentists, dental hygienists, and dental mechanics as per the Dentist’s Act, 1948.

•Nursing Professionals:

Registered nurses, midwives, auxiliary nurse-midwives, and health visitors under the Indian Nursing Council Act, 1947.

•Allied Health Professionals: Occupational therapists, speech therapists, nutritionists, pharmacists, and para-medical staff.

•Medical and Nursing Students: Students in any recognized system of medicine.

•Support Staff: Individuals who interact with patients' families, such as social workers, bereavement counsellors, and Arogya Mitra under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY Scheme).

How far has the proposed Central Protection Act for Doctors progressed?
Despite the introduction of the Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, nearly two years back in 2022, the legislation has not yet been enacted.

According to media reports from February 2023, then Union Health Minister Dr. Mansukh Mandaviya informed the Rajya Sabha that while a draft of the Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 was prepared and circulated for consultations, it was decided not to pursue separate legislation. Instead, the Epidemic Diseases (Amendment) Ordinance, 2020 was promulgated on April 22, 2020, to address the issue.

Under the existing Epidemic Diseases (Amendment) Act, acts of violence or damage to property are punishable with imprisonment ranging from three months to five years and fines between Rs 50,000 and Rs 2,00,000. In cases causing grievous hurt, imprisonment ranges from six months to seven years, with fines between Rs 1,00,000 and Rs 5,00,000. Offenders are also liable to pay compensation to victims and twice the fair market value for damage to property.

For more details on the proposed Prevention of ‘Violence Against Healthcare Professionals and Clinical Establishments Bill’, read the bill as tabled in Lok Sabha in 2022 below-