SC-Formed NTF Rules Out Need for Central Law to Protect Healthcare Professionals

According to the NTF, 24 states already have laws addressing violence against healthcare professionals, with two more in the process of introducing similar bills.

A National Task Force (NTF) constituted by the Supreme Court has concluded that a separate central law for addressing violence against healthcare professionals is unnecessary.

Instead, it recommends leveraging existing state laws and the Bharatiya Nyaya Sanhita (BNS) 2023 to handle offenses ranging from minor incidents to serious crimes.

The task force, formed on August 20 in the wake of the tragic rape and murder of a postgraduate medical trainee at RG Kar Medical College in Kolkata, submitted its detailed report, emphasizing the adequacy of state legislation in tackling such offenses.

Existing Legal Framework Sufficient

According to the NTF, 24 states already have laws addressing violence against healthcare professionals, with two more in the process of introducing similar bills.

These state-specific laws define healthcare professionals and institutions while prescribing penalties for minor offenses. Major crimes, the report says, are adequately addressed by the provisions of the BNS.

“In states lacking specific laws, the BNS 2023 provisions should be immediately employed to ensure protection for medical professionals,” the report states.

The Center submitted the NTF’s findings in an affidavit to the Supreme Court, dividing the recommendations into short-term, medium-term, and long-term measures for implementation.

Ensuring Security in Healthcare Establishments

The NTF stressed the need for robust security measures across healthcare establishments (HCEs).

Key recommendations emphasize the formation of security committees at healthcare institutions and the deployment of trained security personnel in collaboration with local police.

They also include the installation of adequate CCTV surveillance in high-risk zones and the implementation of distress call systems in vulnerable and critical areas to enhance safety measures.

Additionally, the task force urged infrastructural improvements, such as secure boundary walls with fencing, fortified windows, and better working conditions for resident doctors per National Medical Commission (NMC) guidelines.

Legal Framework & Public Awareness

The report emphasized the importance of timely intervention, including lodging complaints, conducting proper investigations, and ensuring swift legal action to deter potential offenders.

It also called for public awareness campaigns to educate citizens and medical professionals about the legal provisions available for their safety.

Effective communication between healthcare professionals and patients’ families was identified as a key area for improvement to reduce tensions that could lead to violence.

"Poor communication often fuels mistrust and frustration, escalating to violence or mob attacks on medical professionals," the report noted.

Internal Redressal Mechanisms

The NTF recommended setting up internal grievance redressal mechanisms at healthcare institutions to allow professionals to report threats or offenses.

It also highlighted the importance of constituting Internal Complaints Committees (ICCs) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The task force suggested creating awareness about the Sexual Harassment electronic-Box (SHe-Box)—a single-window online portal for women to lodge complaints related to sexual harassment, regardless of their work sector.

Safety of Women in Healthcare Settings

The NTF called on states and UTs to utilize and enhance existing women’s safety infrastructure, such as fast-tracking investigations and judicial processes for crimes against women.

It also emphasized preventing stigmatization of complainants in sexual harassment cases and ensuring healthcare establishments actively support women in raising and addressing such grievances.

The NTF acknowledged that healthcare establishments vary in size, scale, and sophistication, and a one-size-fits-all approach may not be practical.

It proposed forming committees and developing Standard Operating Procedures (SOPs) tailored to the specific needs of different healthcare institutions.

Monitoring mechanisms should also be devised to ensure effective implementation of these recommendations, with adequate support provided by the Centre, states, and UTs.

The NTF emphasized that its recommendations if implemented flexibly, could significantly enhance the safety and security of healthcare professionals while fostering a secure environment within medical institutions.

The Supreme Court is expected to deliberate on the recommendations in the coming weeks.

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