Despite widespread outcry for enacting a central law to protect healthcare workers, lawmakers are yet to take action.
By Hamad Bin Khalid
The recent horrific incident at R G Kar Medical College and Hospital in Kolkata, where a female resident doctor was raped and murdered while on duty, underscores a painful reality: The urgent need for national legislation to ensure the safety of healthcare workers across India. This tragedy is not an isolated one: It is a disturbing reminder of the vulnerabilities faced by those who dedicate their lives to caring for others. Protection for doctors and the entire community of healthcare workers, including medical, paramedical and support staff is important. Anyone involved in providing essential healthcare services is at risk of facing violence, often from an aggressive and emotionally charged public.
Despite widespread outcry for enacting a central law to protect healthcare workers, lawmakers are yet to take action. The fact that public health and hospitals are state subjects under the Indian Constitution adds to the complexity of this issue. A draft Bill, the Health Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill of 2019, was proposed and solicited for suggestions and objections. However, the Home Ministry decided not to move forward with it, expressing concerns about the potential for other professional communities to seek similar protections. While this decision reflects a broader consideration, it is important to acknowledge that healthcare is an essential service, with practitioners often working under immense stress and closely interacting with the public during their most vulnerable and emotional moments. This environment can breed violence, making the need for legal protection all the more urgent.
The daily reality for healthcare professionals is one of constant sacrifice. Doctors, nurses and allied paramedical staff often neglect their own safety, health and personal needs to prioritise patient care. They work long hours under immense pressure, frequently putting their own lives at risk. It is disheartening that despite the genuine and understandable need for protection, healthcare workers have not yet received the legal safeguards they require.
As a healthcare professional practising in one of the premier teaching hospitals in the capital city of India and having served in multiple states across the country, I can unequivocally state that violence against healthcare professionals has reached alarming levels over the past few years. This increase in violence is directly attributable to the lack of legal protection for healthcare workers. The ongoing protests by doctors across the country are making a plea for the enactment of the Central Protection Act (CPA) for healthcare workers.
Examining the evolution of legislation addressing violence against healthcare workers in India reveals a distressing lack of uniformity. The Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act of 2023 was enacted after the tragic murder of Vandana Das, a junior doctor on duty in Kerala last year. While such legal reforms are welcome, it is saddening that it takes tragedies to spur action. We should not have to wait for more lives to be lost before enacting meaningful protections. Several states have implemented laws to protect healthcare workers, but the approach of individual states addressing this issue has led to a patchwork of laws that are often inconsistent and filled with loopholes. The ordinance promulgated in April 2020 to amend the Epidemic Diseases Act, 1897, during the Covid-19 pandemic, rightly recognised the importance of healthcare workers’ relentless efforts. However, healthcare workers must receive comprehensive legal protection not only during pandemics but in routine times, so they can serve the public without fear of harassment or assault.
Healthcare workers are not asking for special treatment or recognition of the nobility of their profession. They are simply seeking the safety and protection necessary to perform their duties effectively and serve the nation better. Healthcare workers are human — they have families and loved ones and the same emotions as everyone else. Despite this, they are often on call at all hours of the day and night, responding to queries and providing medical opinions because they understand the urgency and importance of their work. Even during protests, many are trying to ensure that no patient is left untreated and that emergency services are not disrupted because they know how critical their role is. It is time for the public and lawmakers to recognise the righteousness of this cause and support it. We must come together to advocate for this much-needed legislation to safeguard those who dedicate their lives to our well-being.
The writer is senior Resident Doctor, the Department of Hospital Administration, AIIMS, New Delhi
