FREEDOM FROM VIOLENCE AGAINST DOCTORS

#IPROTESTATTACKSONDOCTORS

It is the 75^th anniversary of Indian Independence. Since 2020, we have been feeling compelled to attain independence from the coronavirus pandemic and covid limitations as part of the continuous fight against covid. However, we sometimes forget to thank the real warriors, the healthcare professionals, and instead assault and blame them for their lapses.

Healthcare providers (HCPs) all around the world work diligently to serve mankind while combating the epidemic. It is consequently deeply depressing to read about cases of abuse and ostracism directed towards HCPs, especially because the problem of violence against physicians in India is continuously rising. Despite various reactive measures, such as increased workplace security for physicians and stronger medical malpractice regulations, Indian doctors are on the verge of a huge quiet crisis as a result of the COVID-19 epidemic, which would be harmful to the country’s future prosperity.

In June, a video of a young doctor being viciously beaten in Assam as a result of his patient succumbing to Covid-19 shocked the country and enraged medical professionals, who went on strike to seek stricter legislation. Following the incident, the Indian Medical Association (IMA), the country’s biggest alliance of physicians and medical students, called for a strong and comprehensive law to combat medical violence. Even the Supreme Court of India acknowledged the ongoing stress placed on healthcare workers as a result of the epidemic and the necessity for immediate action to ensure their safety.

According to the World Medical Association, all medical practitioners have the right to work in a safe and secure workplace, one which is free of violence. Meanwhile, in India, there is a stark contrast in reality wherein 75 percent of doctors encounter certain types of abuse, with 68 percent of the occurrences involving assault by patients’ families.

Regardless of the fact that the Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2008 has been enacted by approximately 23 states in India, it has still not been effectively integrated into the administrative machinery and has not resulted in any fruitful outcome. This is attributed to the reason that the law is not a part of the Indian Penal Code (IPC), making it challenging for the victims to seek assistance and the much-needed guidance from the authorities.

As a matter of ground reality, not even 10 percent of the cases filed under this Act make their way to the courts after registration of the preliminary complaint. Due to the law differing on a state-level basis, there is an urgent requirement for the authorities to not only be informed about the presence of the Act but also be aware of the proper protocols required for investigating such cases.

The Epidemic Diseases Act of 1897 was recently updated to include punishments for any abuse directed at healthcare professionals as a required reaction to the spreading pandemic. Unfortunately, this is only a temporary modification that will remain in effect until the epidemic is over. As a result, the IMA has increased its demand for national laws to address this issue, requesting that a law be passed as legislation under the IPC’s provisions. Aggression against public officials is expressly mentioned in the Code, which may offer protection to public hospital employees. However, whether the same impact applies to private healthcare employees is a point of debate.

Only the rules against simple assault and bodily harm apply to them, and these carry relatively less severe retributions than those imposed by a national statute particularly addressing this subject. A specific law, as per the IMA, would deter aggression against healthcare workers while also safeguarding their right to life under Article 21 of the Constitution. The deterrence hypothesis in According to the IMA, a special rule would discourage attacks on healthcare professionals while also protecting their right to life under Article 21 of the Constitution.

A specific law, as per the IMA, would deter aggression against healthcare workers while also safeguarding their right to life under Article 21 of the Constitution. The deterrence hypothesis in According to the IMA, a special rule would discourage attacks on healthcare professionals while also protecting their right to life under Article 21 of the Constitution.