Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

Do doctors need a Central protection Act?     

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Need for Central protection law for healthcare workers;

Why in the News?

Resident doctors across India are on strike, demanding safety laws after a young doctor was tragically raped and murdered at R.G. Kar Medical College in Kolkata on August 9.

Why are Healthcare Workers Protesting?

  • Response to Violence: The protests were triggered by the brutal rape and murder of a young doctor at R.G. Kar Medical College and Hospital in Kolkata on August 9, 2024.
  • Demand for Safety: Healthcare workers are demanding laws and measures that ensure their safety while on duty.
  • Historical Context: Violence against healthcare workers is not a new issue in India. Previous incidents, such as the case of Aruna Shanbaug, a nurse who was sexually assaulted in 1973, underscore a long-standing pattern of violence in healthcare settings.

Working Conditions of Junior Doctors, Interns, and Nurses

  • Poor Working Environment: Junior doctors, interns, and nurses often work in ill-lit and poorly secured hospital environments.
  • Long Shifts and Exhaustion: Many healthcare workers, including the victim of the recent incident, are subjected to excessively long shifts—in this case, a 36-hour duty shift—without adequate rest or safe spaces to recuperate.
  • Mental Health Concerns: The stressful working conditions, combined with the threat of violence, have raised significant concerns about the mental health and well-being of healthcare workers.

Key Demands of the Protesters

  • Central Protection Act: The Indian Medical Association (IMA) is advocating for a Central protection law specifically for healthcare workers, similar to measures in other countries that classify assaults on medical staff as serious offenses.
  • Enhanced Security Measures: Protesters are calling for hospital security protocols that match those of airports, including the installation of CCTV cameras, deployment of security personnel, and improved lighting in hospital corridors and wards.
  • Safe Work Environment: There is a demand for immediate systemic reforms to improve working conditions, including better security arrangements and the establishment of healthcare facilities as safe zones.
  • Accountability and Justice: The IMA has requested a thorough investigation into incidents of violence against healthcare workers, with a focus on timely and professional handling of cases and ensuring that perpetrators face exemplary punishment.
    • Government Response: Following the protests, the Ministry of Health and Family Welfare issued an order mandating that any violence against healthcare workers must be reported and acted upon swiftly, with institutional FIRs to be filed within six hours of an incident.

Sole responsible for the safety of Health workers:

  • State Governments: Health and law enforcement are primarily state subjects in India, meaning that state governments are primarily responsible for ensuring the safety of healthcare professionals. They are tasked with implementing laws, providing adequate security in hospitals, and ensuring a safe working environment for medical staff.
  • Central Government: The central government plays a role in formulating national policies and frameworks that support the safety of healthcare workers. 
    • Recent initiatives include the Ministry of Health and Family Welfare’s order mandating the filing of FIRs within six hours of any violence against healthcare workers, indicating a push for accountability and swift action.

Way forward: 

  • Implement a Central Protection Law for Healthcare Workers: The government should fast-track the enactment of a Central law specifically designed to protect healthcare workers from violence.
  • Improve Working Conditions and Mental Health Support: Hospitals should prioritize creating safe and well-secured environments for healthcare workers, including reasonable shift hours, adequate rest periods, mental health support, and robust security protocols to prevent future incidents of violence.

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