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Government proposed law on violence against doctors, Health Ministry to send the draft legislation to cabinet

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PTI    14 August 2019

On Tuesday,Union Health Minister Harsh Vardhan said that a draft legislation to seek punishment for people who assault on-duty doctors and other healthcare professionals by imprisonment up to 10 years, has been finalized and will soon be made public for feedback.

The official sources said of the provisions in the draft bill that those "grievously hurting" doctors and other healthcare professionals in clinical establishments will face imprisonment between three and ten years and fine between Rs 2 to Rs 10 lakh.

The draft bill says those commissioning violence or causing damage to the property of a healthcare facility can be imprisoned for six months to five years and fined between Rs 50,000 and Rs five lakh, they said. Healthcare professionals include doctors and para-medical staff, medical students, diagnostic service providers in a health facility and also ambulance drivers.

Vardhan said that the Central law, a long-standing demand of the medical fraternity, seeks to prohibit violence against doctors and other healthcare service personnel and damage to property of clinical establishments has been finalized and will soon be made public for comments and feedback.

The draft bill will also provision for compensation to be twice the market value of a property damaged and Rs 1 lakh to Rs 5 lakh for being assaulted or hurt. In case of non-payment of compensation by a convict, the amount could be recovered as arrears of land revenue under the Revenue Recovery Act 1890.

As per the draft bill, violence means an act that causes any kind of hurt, intimidation, obstruction or endangers the life of any healthcare service personnel in the discharge of duty within the premises of a healthcare facility. Violence also includes damage or loss to property or documents in a clinical setup.

The Health Ministry had delegated an eight-member sub-committee, including its officials and representatives from the Medical Council of India, Indian Medical Association, and the All India Institute of Medical Sciences Resident Doctors Association and an experienced person from the Bureau of Police Research and Development, with the assignment of drafting the bill. The sub-committee was constituted after a 10-member panel set up by the Health Ministry observed the "pros and cons" of conveyingthis to central legislation. The health minister hasapproved the draft legislation.

Resident doctors across the country had held protests and went on a strike against a brutal attack on their colleagues by the relatives of a patient who died during treatment in West Bengal in June. The demand for comprehensive central legislation to check violence against doctors and other medical professionals at hospitals had gained momentum.

Health Minister Vardhanhad written to all chief ministers to consider enacting a specific legislation for protecting doctors and medical professionals, and attached a copy of the draft provided by IMA the Protection of Medical Service Persons and Medical Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2017.

He had also asked them to impose the provisions of the Indian Penal Code, the Criminal Procedure Code with vigor in states where no such law was prescribed and to take strict action in cases of assault against doctors and medical staff.

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