Center Rules Out Central Protection Act for Healthcare Workers, Increases Security in Govt Hospitals

Union Health Ministry has ordered a 25% increase in security personnel across all central government hospitals and formed a committee to strengthen safety measures for healthcare professionals.

The Central Government has dismissed the possibility of introducing a 'Central Protection Act' to ensure uniform protection for healthcare workers across India, citing the presence of existing state laws.

Instead, the Union Health Ministry has ordered a 25% increase in security personnel across all central government hospitals and formed a committee to strengthen safety measures for healthcare professionals.

This move follows the recent rape and murder of a resident doctor at Kolkata’s RG Kar Hospital, which sparked nationwide protests by resident doctors demanding enhanced security.

Despite widespread calls for a centralized legal framework, senior health ministry officials have stated that existing state laws are sufficient and that the focus should be on improving their implementation.

The ministry will also deploy additional security, including marshals, which would be considered based on individual hospital needs.

Currently, 26 states and Union Territories, including West Bengal, Andhra Pradesh, and Tamil Nadu, have enacted legislation to protect healthcare workers, with provisions for non-bailable offenses in cases of violence against medical personnel.

However, the Indian Medical Association (IMA) has argued that these laws are largely ineffective, citing difficulties in their application within the framework of the Indian Penal Code.

In response to the ongoing protests, the Health Ministry plans to convene a meeting with the heads of central government hospitals to assess and enhance existing security protocols.

The newly formed panel, which will include members from the Health Ministry, the National Medical Commission, and state representatives, will explore all potential measures to safeguard healthcare workers, with the possibility of additional recommendations being considered.

“We have accepted all the demands of the doctors on strike and also a committee is being formed to strengthen security at the workplace after extensive consultation with all stakeholders. We appeal to the doctors to come back to work and ensure that patients are not put to further trouble,’’ a senior official from the ministry said.

Most state acts define healthcare service personnel to include doctors, nurses, medical and nursing students, and paramedical staff.

These acts also define violence as activities causing harm, injury, endangering life, intimidation, obstruction to the ability of a healthcare service person to discharge their duty, and loss or damage to property in a healthcare institute.

The IMA, however, contends that state legislation was ineffective.

“The state laws for the protection of healthcare workers have been largely ineffective as cops struggle to apply in the context of the Indian Penal Code (now, the Bharatiya Nyaya Sanhita). The issues of assaults at hospitals will not be resolved unless there is a central framework to address the issue,” IMA president Dr R V Asokan stated.

The IMA has supported these protests, urging the government to reconsider the 2019 draft bill— the Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill—that was shelved due to objections from the Ministry of Home Affairs.

The 2019 draft proposed stringent norms, with punishment ranging up to 10 years imprisonment and a fine of up to INR 10 Lakh for violence against doctors on duty.

During the pandemic, the Center had also promulgated an ordinance, changing the Epidemic Diseases Act, making violence against healthcare personnel a cognizable and non-bailable offense with imprisonment of up to seven years and a fine of up to INR 5 Lakh.