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Writer's pictureAnushka Srivastava

Growing Violence Against Doctors at Workplace: The Need for Legal Protection?

The growing violence against doctors at workplace has once again gained nationwide attention after a horrifying incident at a medical college in Kolkata. A 31-year-old doctor on duty at RG Kar Medical Hospital was brutally raped and murdered. The initial autopsy report revealed multiple injury marks indicating a violent assault, and the full extent of the brutality is still being investigated.


Growing violence against doctors at workplace
| Growing violence against doctors at workplace |

Unequivocally, in the recent years, India has witnessed an alarming rise in violence against healthcare professionals, particularly doctors. The COVID-19 pandemic exacerbated this issue, bringing it into sharp focus. Despite the vital role that doctors play in society, they increasingly face physical assaults, verbal abuse, and intimidation, often from patients' families at the workplace. This troubling trend not only endangers the lives of those who dedicate themselves to saving others but also highlights the glaring lack of robust legal protections for them.


The Escalating Crisis


The violence against doctors in India has been a persistent issue, but the pandemic brought it to the forefront. Incidents of doctors being attacked by patients' relatives, particularly after an adverse medical outcome, have become distressingly common. These attacks are often fueled by a combination of grief, frustration, and misinformation. In many cases, patients' families, dissatisfied with the treatment or outcome, resort to violence as a form of misplaced justice.


A significant factor is the lack of understanding among the general public about the limitations of medical science. Unrealistic expectations, fueled by misinformation, often lead to anger and violence when outcomes do not match these expectations. Additionally, the strained healthcare system in India, characterized by overcrowded hospitals, understaffed medical teams, and inadequate infrastructure, exacerbates the situation. Doctors, who are often overworked and under immense pressure, become easy targets for frustrated families.


The Legal Vacuum


Despite the growing frequency of these attacks, India lacks comprehensive laws specifically designed to protect healthcare professionals. The existing legal framework, which includes provisions under the "Bharatiya Nyaya Sanhita, 2023" is inadequate to address the challenges faced by doctors and medical practitioners at the workplace. While assaulting someone is an offence under the BNS 2023, this provision is not tailored to the specific vulnerabilities of healthcare workers.


In the recent years, the Indian Medical Association (IMA) demanded a stringent central law to protect doctors, but this call has largely gone unheeded. "Prevention of Violence Against Healthcare Professionals and Clinical Establishments Act, 2022" was introduced in the Lok Sabha based on the recommendations of Indian Medical Association, which vehemently stated that more than 75 percent of the doctors have faced some form of violence while on duty.


Although some states have enacted their own laws to address this issue, such as the "Karnataka Prohibition of Violence against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act, 2009" these laws vary widely in their scope and enforcement. The absence of a uniform, nationwide law leaves many healthcare professionals vulnerable, particularly those working in states without such legislation.


The Need for Urgent Action


The escalating violence against doctors calls for immediate and decisive action. I believe, there is a need for a comprehensive national law specifically designed to protect healthcare professionals. Such a law should include strict penalties for those who assault medical personnel, provisions for the speedy investigation and prosecution of offenders, and safeguards to prevent frivolous or malicious complaints against doctors.


Furthermore, the government should invest in strengthening the healthcare infrastructure to alleviate some of the systemic pressures that contribute to violence. Public awareness campaigns are also crucial to educating the public about the challenges faced by doctors and the limitations of medical science. By fostering a better understanding of these issues, the government can help to reduce the unrealistic expectations that often lead to violence.


During the recent Lok Sabha Elections 2024, the manifesto of the National Indian Congress had promised to enact a law for the protection of health workers, on the other hand, Bhartiya Janta Party had promised enhanced medical and health care services to its citizens.


Conclusion


The Kolkata Hospital Rape-Murder case is a call that the government of India should seriously consider, as the growing violence against doctors is a pressing issue that requires urgent attention. While the healthcare professionals on the frontlines continue to work tirelessly to save lives, it is imperative that the legal system and society as a whole offer them the protection and respect they deserve. A comprehensive legal framework, coupled with improved healthcare infrastructure and public education, is essential to ensuring that doctors can perform their duties without fear of violence.


Let’s see what the future holds for the doctors and medical practitioners in India.

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