Unhappy with the recommendation of the National Task Force (NTF) — set up by the Supreme Court in the aftermath of the R G Kar rape and murder — that no Central law was required for protection of healthcare workers, the Indian Medical Association (IMA) plans to raise the issue during the next Supreme Court hearing, likely on December 10, seeking a direction to the effect.
Earlier this month, the NTF submitted a report before the SC saying: “A separate Central law to deal with offences against healthcare professionals is, therefore, not required… It is noted that 24 states have already enacted laws to address violence against healthcare professionals… Most of the state laws cover minor offences and prescribe punishment for them. The major offences or heinous crimes are adequately covered under the Bharatiya Nyaya Sanhita.”
IMA president Dr R V Asokan said, “First, the committee was formed to look into ways to prevent violence against doctors and provide a protocol for safe working conditions for healthcare professionals. The task force was never posed the question whether or not a Central Act was needed. Why did they have to say this in their report? Two, how did they come to this conclusion? What is the data that they looked at to arrive at this conclusion?”
However, the court order to set up the task force said: “The NTF shall be at liberty to make recommendations on all aspects of the action-plan highlighted above…”
Dr Asokan said the state laws, at present, are not implemented have different provisions, while a national law, with the same provisions, is likely to improve implementation. “A law may not stop the violence immediately but it will give every doctor the confidence of recourse if something happens,” he said.
The IMA also plans to raise the point of the April 2020 ordinance brought to amend the Epidemic Diseases Act during the pandemic.
