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

NEW DELHI: The tragic rape and murder of a 31-year-old junior doctor at RG Kar Medical College, Kolkata, sparked widespread outrage and serious concerns about the safety of medical professionals in hospitals and healthcare facilities. This disturbing case highlights the ever-growing violence that doctors and healthcare professionals are subjected to, 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.
Factors that contribute to violence against doctors
The primary causes of violence against doctors often stem from misunderstandings and misplaced blame. Patients sometimes attribute poor medical outcomes to negligence, failing to understand that medicine is not an exact science. Many medical conditions have poor prognoses, and some adverse outcomes are an unavoidable part of medical treatment.
Several factors contribute to the rising violence against healthcare professionals. Negative portrayals of doctors by the media, sensationalised reports of patient deaths, and the high patient load and long working hours—sometimes up to 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 a growing call for a central law to protect medical professionals from violence. Advocates argue that a national legislation, which would make violence against healthcare workers a non-bailable offence with severe penalties, could help deter such incidents. Currently, 19 states in India have enacted laws to protect healthcare workers. Andhra Pradesh was the first to implement such legislation in 2007, making violence against doctors a non-bailable offence punishable by fines and imprisonment.

What is the Central Protection Act for Doctors?

The ‘Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 2022,’ also known as the “Central Protection Act for Doctors,” was introduced in the Lok Sabha in 2022. This proposed legislation aims to define 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.

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).

What is the current status of the proposed Central Protection Act for Doctors?

Despite the introduction of the Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 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-