Do doctors need a Central protection Act?
Background
- Incident Trigger: The strike was initiated after the rape and murder of a young resident doctor at R.G. Kar Medical College and Hospital in Kolkata on August 9, 2024. The doctor’s body was discovered in the seminar room of the emergency building.
- Protests: Following the incident, resident doctors across India began protests, demanding legal protections and safety measures while on duty.
Ground Reality
- Constitutional Provisions: Health and law and order are State subjects, making it the responsibility of State governments or Union Territory administrations to prevent violence against healthcare workers.
- Lack of Central Data: The Union government admitted that there is no central database for tracking fatalities of medical professionals due to violence by patients or their families.
History of Violence Against Healthcare Workers
- Notable Incident: In 1973, Aruna Ramchandra Shanbaug, a junior nurse at King Edward Memorial Hospital in Mumbai, was sexually assaulted by a hospital sweeper, leading to her spending over 41 years in a vegetative state.
- Ongoing Issue: Despite the long history of violence, healthcare workers still face risks, including poor lighting, inadequate security, and unsafe working conditions in many hospitals.
Current Demands of Doctors
- Improved Security Measures: Doctors are demanding better lighting, increased security presence, and installation of properly monitored security cameras in hospitals.
- Enhanced Safety Protocols: The Indian Medical Association (IMA) has called for:
- Security protocols at hospitals to be comparable to airport security.
- Healthcare centers to be declared safe zones with mandatory security entitlements, including CCTV installations and deployment of security personnel.
- Improved working conditions for resident doctors, who often work long shifts without safe spaces for rest.
Global Comparisons and Recommendations
- United Kingdom (NHS): Enforces a zero-tolerance policy on violence against healthcare workers, supported by a dedicated security team and a comprehensive reporting system.
- United States: Some states classify assaults on healthcare workers as felonies, acting as a strong deterrent.
- Australia: Hospitals have introduced safety measures like security personnel, panic buttons, and mandatory de-escalation training.
- Indian Demand: Healthcare workers in India are pushing for a similar Central protection Act and implementation of these global best practices.
Recent Government Actions
- Ministry of Health and Family Welfare: On August 16, 2024, issued an order mandating that any violence against healthcare workers be reported through an institutional FIR within six hours.
National Medical Commission (NMC):
- Directed all medical colleges to develop policies for a safe work environment on their campuses.
- Required prompt investigation and FIR lodging for any incident of violence against medical students.
- Stipulated that a detailed action report on such incidents must be sent to the NMC within 48 hours.
Conclusion
- Ongoing Struggle: The protests underscore the urgent need for better safety and security measures for healthcare workers in India.
- Call for Reforms: While the government has taken some steps, doctors continue to demand comprehensive systemic reforms, including a Central protection Act, to prevent such incidents and ensure a safer working environment for all healthcare professionals.
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