The Supreme Court on Friday sought response of the Centre on a petition which demanded a Central law to protect doctors against attacks and violence in hospitals, medical facilities, and clinics. The Court is looking for a legal cure to address the safety of doctors at their workplaces.

The development has hastened due to the incident of a 73-year old doctor who was killed by a mob at a tea estate in Assams Dibrugarh while he was working at the estate hospital. The petition filed by the Association of Healthcare Providers, India (AHPI) which comprises of 56 private hospitals claimed that the attacks on doctors and medical professionals are increasing day by day.

The Association, based on its research, also concluded that 19 states have such laws, but their implementation is very poor. In states where a special law is absent, law under the Indian Penal Code (IPC) should overcome. But, that too is not being enforced, according to the senior advocate K Subramanian who appeared for the Association.

The bench of Justices NV Ramana and Ajay Rastogi issued a notification on the petition and asked the Central Ministries of Home Affairs, Health and Law to reply on the petition. The petitions specific demand for a Central law should be taken note of.

The petitioner highlighted that the Indian Medical Association (IMA) had drafted a model law titled Protection of Medical Service Persons and Medical Service Institutions (Prevention of Violence and Damages or Loss of Property) Bill, 2017. This law has proposed a 10-year jail term and Rs 5 lakh fine for acts of violence committed against doctors and healthcare professionals.

The petition claimed that the cause for such growing violence, was the fact that government was spending on healthcare is much below the proposed requirement. According to the petition, a recent survey of Government hospitals has shown that there is one doctor for every 10,189 patients; one hospital bed for every 2,046 patients; and one State-run hospital for every 90,343 persons. India has doctor’s workforce of 10 lakh in government and private sector healthcare institutions.

The tendency of violence against doctors is increasing and even a primary institution such as Delhis All India Institute of Medical Sciences is not safe. The petition submitted that with modern medicine, treatment is not cheap nor is it 100% effective. Few patients can make it, few patients dont and this should be understood.