No separate Central law needed to deal with violence against medical professionals, NTF tells SC

Set up to suggest measures to ensure safety of medical professionals, the National Task Force has told the Supreme Court that no separate Central law was required to deal with violence against them as existing state laws and the Bharatiya Nyaya Sanhita (BNS) 2023 have adequate safeguards.

“It has been observed that state laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS. A separate Central law to deal with offences against healthcare professionals is, therefore, not required,” the NTF submitted in its report to the top court.

Pointing out that 24 states had special laws to deal with violence against medical professionals, the NTF report said, “Most of the state laws cover minor offences and prescribe punishment for them. The major offences/heinous offences are adequately covered under BNS.”

It has also suggested deployment of trained security personnel, night-shift safety protocols and transportation for medical staff, increasing CCTVs and security checks to improve safety at hospitals.

The report said FIRs should be filed within six hours of the reporting of any act of violence committed against medical professionals at hospitals.

Expressing serious concern about “virtual absence for safe working conditions” for doctors and health professionals, the Supreme Court on August 20 set up a 10-member NTF to frame a national protocol for ensuring safety and facilities for them.

A Bench led by CJI DY Chandrachud (since retired), which had taken suo motu cognisance of the horrific rape and murder of a doctor at RG Kar Hospital, Kolkata, had said the incident raised systematic issue regarding safety of doctor across India.

Headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM, Director General Medical Services (Navy), the NTF was directed to make final recommendations pertaining to safety, working conditions and well-being of the medical professionals in two months.

“We need to evolve a national consensus for a standard national protocol for safe conditions of work. Ultimately, what is equality under the Constitution if women cannot be safe in their workplace,” the top court had said, adding, “Protecting women doctors is a matter of national interest and the principle of equality does not demand anything less.”