By Dhruti Lunker and Isiri S.D.
Introduction
In the wake of the COVID-19 pandemic, the Union Government has announced a nationwide lockdown mandating its people to stay indoors. The Government has taken all measures to contain the spread of the deadly virus that has taken a high toll across the world. The doctors, nurses, para-medical staff and other healthcare workers are striving hard to combat the spread of the virus by risking their lives. The Government has been taking initiatives to thank these people for their immense contribution to the fight against COVID-19. To acknowledge the efforts of these warriors, the Haryana Government has announced to pay twice the amount of salary to government doctors, nurses, para-medical staff, lab testing staff and also the ambulance staff. On one hand, there is immense gratitude and pleasure pouring in for these healthcare workers, while on the other hand, the same heroes are facing stone-pelting and harassment. Thus, in light of such contrasting events, especially during these unprecedented times, it is significant to bring an end to such disgraceful acts that have plagued the medical fraternity for the longest time.
What have we learned through the inglorious past?
‘I will turn away no patient, even those with dreaded, contagious diseases like AIDS.’ This is one of the vows that every doctor takes before entering the noble profession of medicine. Such professionals have been subject to violence for very long now. World Health Organization has defined violence as “incidents where staffs are abused, threatened, or assaulted in circumstances related to their work, including commuting to and from work, involving an explicit or implicit challenge to their safety, well-being or health.” In India, about three-fourths of the doctors have been victims of violence and half of such acts are caused by the relatives of patients. As the outbreak of COVID-19 has been declared a pandemic, the health-workers are striving hard to treat those affected. Amidst all this, there are instances of violence that are preventing them from performing their duties. In Indore, a group of locals ganged up and pelted stones at 2 female doctors who were conducting tests for those showing symptoms of the deadly pandemic. When a 49-year-old man died of the virus, the doctors of Gandhi Hospital, Hyderabad were attacked by his relatives. The Doctors at Lok Nayak Jai Prakash Narayan Hospital in Delhi have requested that armed police guard the COVID-19 wards after they were abused and assaulted by a group of patients.
Currently, doctors are the ones who are most prone to viral infection. They are being spat at and assaulted for entering their own homes because of their exposure to the virus. Landlords are evicting them from their rented premises due to the risk of infection, police officers are assaulting the female doctors and the relatives of the deceased are attacking the doctors for negligence. All these instances demand protection for healthcare workers.
A substantial step in the march towards the need for protection to the doctors occurred in June 2019, when two doctors of Kolkata’s NRS Medical College were assaulted. Owing to the widespread protests throughout the country that stagnated the Indian Health Sector, Union Health Minister Dr. Harsh Vardhan had assured the Indian Medical Association of central law for the safety and protection of the Indian Healthcare workers. The Health Services Personnel and Clinical Establishments (Prohibition of Violence and Damage of Property) Bill was proposed fixing a penalty of Rs 10 lakhs and imprisonment up to 10 years for assaulting a healthcare worker. But the draft bill was rejected by the Ministry of Home Affairs claiming the existence of Central laws such as the Indian Penal Code and Code of Criminal Procedure dealing with these crimes and offences.
The proposed Bill was thorough and in addition to a penalty and imprisonment, it had a provision for payment of compensation to victims of such violence. It was extensive and also covered doctors, para-medical staff, medical students, diagnostic service providers and also ambulance drivers within its ambit. The provisions of IPC are generic and provide for punishments for causing voluntary hurt (both simple and grievous), destructing public property, use of criminal force leading to injury and criminal intimidation. The presence of the above provisions is incomprehensive and inefficient to deal with specific situations such as these.
It is fascinating to know that about 19 states in the country have enacted the Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, also known as the Medical Protection Act (MPA). But records show that these laws are ineffective and unenforceable. Reports from Maharashtra claimed that the state statute was not very effective due to the lack of interest from the administration. The tally of the total number of cases reaching the courts is a handful. An application under the Right to Information Act, 2005 was filed by the Medico-Legal Action Group Trust to assess the performance of the state statutes from 2010- 2015. The results were disturbing as no one had been punished under the same and despite FIRs being filed, they were withdrawn due to a compromise entered into between the parties. Reports also suggest that since the police officers are not familiar with these legislations, it gets tough to file a complaint. The authorities are unsure as to the relevant provisions under the statutes.
Another obstacle in the path is that the Indian federal structure reserves ‘public health and sanitation’ under the legislative domain of the states. (See Entry 6, State List) Thus, it can be argued that the Union Government lacks the authority to draft a statute with respect to the above subject matter. Therefore, the statute currently governing protection to doctors is the Indian Penal Code in general and respective state legislations in specific. These laws are insufficient to ensure the protection of doctors for the reasons above explained. While the doctors play a paramount role in the well-being of the nation, disregarding the protection of their rights is a dishonor to their noble profession. It is high time that the dishonor being done to the unsung heroes of the country ceases. Justice can be delivered to them by conferring them with the rights to save the dignity and honor of their profession.
Recommendations and Conclusion
Doctors are considered as ‘living gods’ as they carry with them the power to do or undo something based on their skill sets and knowledge. Their humiliation, in the form of pelting stones, assault and harassment, is highly condemnable. They are compelled to pay a heavy price for fighting against the virus. Nothing can justify any kind of violence that the Indian healthcare workers are facing currently. The following recommendations could help improve the situation for the larger good:
- For resolving the issue of violence, especially during the prevalence of COVID-19 pandemic, there should be tight security outside hospitals, testing centers to prevent any kind of mishap.
- The Health Services Personnel and Clinical Establishments (Prohibition of Violence and Damage of Property) Bill should be adopted with all the provisions as proposed, through a Presidential Ordinance for the time being.
- If the Central government is of the view that it is not feasible to enact special legislation for the protection of doctors, relevant amendments can be made to the Indian Penal Code to include a specific provision stating violence against them as an offence.
- Article 249 of the Indian Constitution gives power to the Parliament to make laws on any subject matter enumerated in the state list in the national interest. Considering the present scenario of COVID-19 and increasing violence against the doctors and other medical staff, there is a dire need for a central law ensuring protection to be enacted in the national interest.
- The Indian Judiciary should play a more active role in taking up cases of violence against the healthcare professionals and assuring justice to them.
In the hope that India reaches the finish line in the race against COVID-19 soon, a little support and co-operation provided to the doctors will help us win the race faster.
[The authors are third-year students at the Tamil Nadu National Law University.]
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