IMA Urges for Central Law to Protect Healthcare Professionals

Delhi: Taking cognizance of the increasing instances of violence against healthcare professionals, the Indian Medical Association (IMA) has urged the government to enact a central law with IPC sections fixing the responsible officers to investigate, time frame for investigation and punishments to the culprits, as early as possible, without the option for bail.

The association pointed out that though there are existing laws for violence against healthcare workers, there is ambiguity in recognizing which section to file the case under and hence very often the culprits go scot-free.

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IMA stated that it is high time that a central law with IPC sections is formed under a non-bailable section so that at a crucial time like this, healthcare workers are at least given a safe and sound environment to work.

The association has also demanded that hospitals shall be declared as protected zones and mandatory official observance by police should be implemented in all hospital premises.

The government of India enacted the Hospital Protection Ordinance under the Epidemic Disease Act 1897 to prevent violence against doctors, hospitals, and healthcare workers in the last year with the efforts of the Hon'ble Home Minister. Similarly, the Hospitals and Healthcare Prevention Act were enacted and in practice in 19 states.

However, the association identified that the enforcement of this act is poor because it is not tagged to the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). This makes it difficult for victims to file a complaint as well as the police to register their complaint because of the difficulty in recognizing which section to file the case under and hence, often the doctors and healthcare workers fail to secure justice as their culprits roam guilt-free.

Pointing out that over 75% of doctors across the country have faced at least some form of violence and that 68.33% of the violence was committed by the patient's attenders/escorts, the association stated, "Due to the mounting pandemic crisis and acute shortage of either drug, oxygen or bed when a patient is dying, the relatives are showing their anger and frustration by attacking hospitals and doctors. This will bring down the morale of healthcare professionals. Many lady doctors, junior doctors, and staff are humiliated and abused."

Terming the incidents of abuse and ostracism against HCPs as a 'major silent crisis' amidst the COVID-19 pandemic, the doctors' body further added, "The violence against doctors in India is an emerging epidemic in itself. There need to be urgent corrective actions at various levels to bring a halt to this heinous crime. A stringent law and strict enforcement are the need of the hour."

The association also mentioned that the doctors often acknowledge the situation of the relatives of the patient who are in distress and do not report such cases and only are forced to take the help of law when they face the threat of life.

Describing the outcome of verbal abuse, telephonic threats, physical assault that doctors had to face, IMA added, "The effects of such violent episodes extend longer than the experience itself, where most doctors report to have faced insomnia, depression, anxiety, and an inability to see their patients without any fear of violence."

IMA mentioned that a bill named Prohibition of Violence and Damage to Property Bill, 2019 was drafted by the health ministry in 2019. But the home ministry dismissed the need for a separate law to check violence against a specific profession. However, following the recent surge in the reports of violence against hospitals and doctors, the association has requested the government adopt some strict measures by enacting a Central law with IPC section, fixing the responsible officers to investigate, time frame for investigation and punishments to the culprits, as early as possible, without the option for bail.

In the Press Release signed by Dr. J A Jayalal, the National President of IMA, the association stated, "IMA is looking forward with hope to our Hon'ble Home Minister to restore peace amidst Health Care professionals, by enacting and enforcing a stringent Central act to protect, safeguard and promote optimum environment for Health Care Professionals in our country."