New Delhi: Kolkata doctor rape and murder has not just sent shock waves across the country but has once again brought into focus issues regarding safety and violence against women medical professionals at medical colleges and hospitals.
Crime against medical professionals
The incident has triggered nationwide protests leading to disruption of hospital services across many Indian cities. The protesting doctors are demanding justice for the victim and better security measures at the hospitals.
In the backdrop of the Kolkata rape and murder case, the Indian Medical Association (IMA) has written a letter to the Health minister JP Nadda demanding enactment of a special central law for dealing with crimes against healthcare professionals.
Making out a case for a separate law, the IMA says that if airports can be designated as safe places and violence against airline staff and work disruption deserve a special law, doctors cannot be left to fend for themselves.
Laws to protect doctors and hospitals against attacks are mostly ineffective: IMA
IMA in its letter to the Health minister says that even though 25 state governments have enacted laws to protect doctors and hospitals against attacks, the laws are mostly ineffective and does not serve the purpose of deterrence.
In its letter, the IMA has voiced the call for reintroducing the 2019 draft law on violence against healthcare professionals and clinical establishments.
In 2017, the Indian Medical Association conducted an online survey to find out stress among doctors. It was found that 80% of doctors in the country are stressed out in their profession, and one of the important causes of stress is violence against doctors.
2019 draft law on violence against healthcare professionals and clinical establishments
In 2019, the central government had taken the initiative and floated a draft law on violence against health care professionals. The bill was introduced to prohibit violence against healthcare service personnel – including doctors, nurses, para medical workers, medical students, and ambulance drivers – and damage or loss to property of clinical establishments and for matters connected therewith.
The bill proposed to make acts of violence against health care professionals, a cognizable and non-bailable offence and also provided compensation for injury to healthcare service personnel or for causing damage or loss to the property of clinical establishments.
Penalties, too, were recast in the draft law for violence against healthcare professionals was to be penalised with imprisonment for a term which shall not be less than six months but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.
In cases of serious injuries to healthcare professionals punished with imprisonment shall be three years, but which may extend to ten years, and with fine, which shall not be less than two lakh rupees, but which may extend to ten lakh rupees.
These were deterrent provisions that were expected to be made into a law, however after consultation process nothing happened on the draft law and was put in cold storage.
Incidents of Violence against health care professionals
Over a year back, in May 2023, death of a junior doctor while on duty sparked widespread outrage and protests by doctors in Kerala.
A junior doctor, Vandana Das, at the Kottarakkara Government Hospital, was stabbed to death by a patient who was brought to the hospital by police for medical examination.
Following outrage, Kerala Government brought in the Kerala healthcare services persons and health care service institutions (prevention of violence and damage to property) amendment Act providing for strict punishment for crimes against health care workers.
Again in September last year, a doctor in Delhi’s Safdarjung Hospital was attacked by a patient, who attacked the doctor with a screwdriver and caused injuries on his neck, abdomen and fingers.
But still the most socking case of attack at a hospital against a healthcare worker was the case of Aruna Shanbaug. Shanbaug was a staff nurse working in King Edward Memorial Hospital, Parel, Mumbai.
On 27th November, 1973 she was attacked by a sweeper in the hospital who wrapped a dog chain around her neck and yanked her back with it. He tried to rape her but finding that she was menstruating, he sodomized her.
To immobilize her during this act he twisted the chain around her neck. The next day Shanbaug was found lying on the floor with blood all over in an unconscious condition and continued to be in coma for 42 years till her death in 2015.
