Along with India, the whole world is also facing an unprecedented turmoil and challenging time, in the healthcare system in the current scenario of the COVID-19 pandemic. A crisis in the infrastructure, frontline health care workers, medical facilities, medicines, oxygen supplies is already present. But even in these times the doctors and other medical and paramedical workers have risked their own lives and worked tirelessly to save the lives of the citizens. 

According to the Covid Registry of martyr’s report, 747 doctors have died due to COVID-19 in the 1st wave of the pandemic, 748 doctors have lost their lives in the 2nd wave. The report is maintained by the Indian Medical Association (IMA). According to the government data, the total number of persons who succumbed to Covid-19 till 27th June is 3,94,493.

Yet, in this current situation of fear and anxiety, cases of assaults on healthcare workers are rapidly increasing.  This not only creates fear in the healthcare community but hampers their duties in this crisis time. 

Attack on healthcare professionals is a universal phenomenon attracting the attention of several international agencies. ‘The Lancet’ has stated that approximately 75% of doctors in India face either verbal or physical violence during their lifetime.

The World Medical Association’s Chairman stated that more attention is required to stop violence in civil situations. An urgent need for better protection is necessary. In the timeframe of 2011-2021, almost all the states of India have faced such incidents of violence against healthcare workers.

Out of the 28 States and 8 Union territories (UTs), in India, only 23 States and 2 Union Territories have their Acts relating to the protection and prohibition of violence against healthcare workers and damage to property. Many of the State legislations offer maximum imprisonment of 3 years and a fine of Rs. 50,000 only. 

Madhya Pradesh provides imprisonment of 3 months and Punjab with imprisonment might extend to 1 year. The highest term of imprisonment and fine is in Arunachal Pradesh providing imprisonment of 3 years and might extend to 10 years and fine up to 5 lakhs rupees.  No provision of fines in Haryana and Himachal Pradesh. Tamil Nadu does not provide any prescribed quantum of fine or punishment. Madhya Pradesh provides fines up to Rs.10,000. Sikkim, Nagaland, Meghalaya, Mizoram, and Jharkhand do not have their legislation for the protection of healthcare workers and any property damage.

The Epidemic Diseases (Amendment) Act 2020 [limited jurisdiction for pandemic times], the National Disaster Management Act 2005, and the Indian Penal Code 1860, have cited few provisions of imprisonment and fine in terms of punishment against any act of violence and attack on healthcare workers, non-compliance with orders and different classification and definition of hurt and the punishment given respectively.

In a study of customary international humanitarian law that was conducted by the ICRC, Rule 25 stated that medical personnel who are exclusively assigned to medical duties should be respected and protected in all circumstances.

Source: India Legal