The committee’s report states that when a patient passes away while receiving treatment, medical personnel are particularly susceptible to “violent attacks,” particularly from the patient’s family. In contrast to many other occupations, healthcare workers are more likely to experience violence or hostility because of their line of work, especially when emotionally charged situations like a patient’s death occur. It is likely that the research highlights the need for extra attention and legal protections to handle the unique hazards and difficulties that healthcare personnel encounter while doing their duties.
Healthcare workers who face abuse from patients’ family or attendants may be able to get legislative protections if they collaborate with BJP member Brij Lal on the Parliamentary Standing Committee on Home Affairs. As the committee considered the proposed criminal laws, it also went over memoranda from medical associations advocating for the addition of clauses under Bharatiya Nyaya Sanhita (BNS) 115 that would make acts of violence against healthcare workers illegal. This is a response to the problems that healthcare professionals continue to encounter, as well as a possible attempt to find a legislative solution.
The committee’s report draws attention to a proposal that was presented to the panel, which suggested that healthcare workers are particularly vulnerable to “violent attacks,” especially from patients’ families. Particular attention is paid to this vulnerability in situations where patients pass away while receiving therapy. According to the survey, in contrast to workers in other professions, healthcare personnel are more likely to face physical violence or aggressive behavior from bereaved or upset family members following a patient’s death. This acknowledgement highlights the need for further research and possible legal protections to shield medical personnel from violent occurrences while performing their professions.
The committee was informed by the medical groups that there are many violent attacks on healthcare workers nationwide. They underlined how important it is to put in place legal protections in order to ensure the safety of healthcare professionals.
The Union Home Ministry responded by claiming that all people are subject to general penal laws and that there is no legal distinction made depending on a person’s occupation. The ministry highlighted that all citizens are equal before the law and that this is a fundamental legal concept.
The Home Ministry stressed that the state’s primary responsibility is to protect the lives of all of its citizens, including those in the media, advocacy, banking, medical, and chartered accounting sectors as well as other professions like medicine.
Concerns were raised by the ministry about the possibility of similar demands from other professional groups if special arrangements were made for physicians and other healthcare workers. It emphasized how crucial it is to keep a uniform legal stance across different professions in order to prevent obstacles and requests for extra considerations from other industries.
The committee was informed by the Home Ministry that a proposal to introduce a ‘Medical Professionals Act’ has been put out by the Ministry of Health and Family Welfare. The purpose of this proposed legislation is to provide healthcare professionals with protection from violent attacks. The Home Ministry said it will follow up with the Ministry of Health and Family Welfare to find out how this proposed law was doing.
The committee stated that, in light of the concerns voiced by healthcare professionals, the government has to think about enacting appropriate legislative protections for healthcare workers. This demonstrates the committee’s recognition of the difficulties encountered by medical practitioners and its support for the implementation of statutory safeguards. Potentially addressing these issues and offering a legislative framework to improve healthcare workers’ safety and security in the event of violent situations is the proposed “Medical Professionals Act.”
The Bharatiya Nyaya Sanhita (BNS) has clause 115 that outlines the legal ramifications for inflicting voluntary damage that results in serious harm. According to the provision, anyone who intentionally causes harm with the knowledge or intent that it could be severe will be punished with up to seven years in prison and a fine if the harm is severe.
On August 11, the Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) bill was presented in the Lok Sabha along with the Bharatiya Nyaya Sanhita (BNS-2023) and the Bharatiya Sakshya Adhiniyam (BSA-2023) bills. The current Code of Criminal Procedure Act of 1898, the Indian Penal Code of 1860, and the Indian Evidence Act of 1872 are to be replaced, respectively, by these three proposed legislation.
This legislative reform represents an attempt to bring India’s legal system up to date and modern, possibly addressing modern issues and making sure the legal system is in line with society’s expectations and demands. The particular sentence that was brought up is pertinent to the conversation on the legal protections that exist for healthcare workers who are victims of abuse, as it sheds light on the larger framework of legal changes in the nation.
