Government rules out Central law for healthcare professionals’ safety

A separate Central legislation to deal with offences against healthcare professionals is not required as several states already have laws to address violence against healthcare workers, while serious offences are adequately covered under the Bharatiya Nyaya Sanhita (BNS), the government told Parliament on Friday.

In a written reply to a question in the Lok Sabha, Minister of State for Health Anupriya Patel said according to constitutional provisions, “health” and “law and order’ are state subjects.

“Therefore, it is the primary responsibility of the concerned state or Union Territory to take note of events and eventualities for taking appropriate action to prevent violence against healthcare professionals,” Patel said.

It needs to be dealt with suitably by the states under the provisions of the BNS and Bharatiya Nagarik Suraksha Sanhita (BNSS), so that medical professionals discharge their professional pursuits without the fear of violence.

Many states have already enacted laws to address violence against healthcare professionals, Patel highlighted.

Most of these state laws cover minor offences and prescribe punishment for those, while the major offences and heinous crimes are adequately covered under the BNS, the minister added.

“As the state laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS, 2023, a separate central law to deal with offences against healthcare professionals is not required,” Patel said.

However, the Ministry of Health and Family Welfare (MoHFW) has issued an advisory to all central government hospitals and institutes, all India institutes of medical sciences and medical colleges to ensure that an FIR is filed within six hours of an incident of violence on medical professionals, she added.

All the states have also been advised by the MoHFW to take immediate measures for enhancing the security of medical professionals and providing a safe working environment to them, Patel said.

Taking cognisance of the alleged rape and killing of a trainee doctor at the R G Kar Medical College and Hospital in Kolkata, the Supreme Court has constituted a National Task Force (NTF) for formulating effective recommendations to remedy the issues of concern pertaining to the safety, working conditions and well-being of medical professionals and other cognate matters.

The NTF has already submitted its report to the apex court, Patel said.