A Cry for Justice: Why India Needs a Central Protection Law for Healthcare Workers

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The brutal rape and murder of a young doctor in the confines of a hospital rattled India. Protests erupted across the nation, doctors called for action, and public support surged. Yet, despite these overwhelming demonstrations, the violence against healthcare workers remains unabated. In incidents from Sion Hospital in Mumbai to a spate of attacks in Uttarakhand, Delhi, Bangalore and Chennai, the safety of doctors is continually at risk, revealing an alarming truth—India urgently needs a Central Protection Act for healthcare workers.

These incidents aren’t just spontaneous acts of violence—they reflect a systemic failure that jeopardizes both doctors and patients alike. The need for a national law that ensures the safety of healthcare workers is not just a demand—it is an absolute necessity. The government’s hesitation to enact such legislation, rooted in fears of public backlash, can no longer be tolerated when the lives and dignity of healthcare professionals are at stake.

The Ongoing Crisis: Violence Against Healthcare Workers

Doctors and healthcare workers are increasingly becoming the targets of violence across India. According to the Indian Medical Association (IMA), nearly 75% of doctors have faced violence at some point in their careers, with most incidents occurring in emergency wards, ICUs, or following patient deaths. The IMA further reported that 60% of these attacks involve assaults on doctors by the patient’s relatives, often driven by grief, frustration, or perceptions of negligence.

On August 9, after a doctor was brutally raped and murdered at the R G Kar in Kolkata, the violence spiraled into a nationwide strike, with healthcare professionals demanding stronger legal protections. Yet, similar incidents are continuing  to occur with disturbing frequency. The recent heinous assault on a female doctor at Sion Hospital in Mumbai and numerous attacks in rural Uttarakhand highlight the pervasive threat. The pattern of violence, particularly against female healthcare professionals, points to a disturbing trend that urgently needs addressing.

Public Appeasement vs. Protecting Doctors: A False Dilemma

One of the key reasons for the government’s hesitation in implementing a central law lies in the fear of public backlash. In India, the public’s frustration with the healthcare system—often characterized by overcrowded hospitals, long waiting times, and inconsistent care—has reached a boiling point. Patients and their families, many of whom come from disadvantaged backgrounds, may perceive doctors as the face of a system that has failed them.

Introducing a law that specifically protects doctors could be seen as the government siding with healthcare professionals over patients. This has led to a delicate balancing act, where the government hesitates to enact strong legislation for fear of alienating a public that already feels neglected by the healthcare system. However, this is a false dilemma—protecting doctors does not mean neglecting the needs of patients. It is, in fact, a way to ensure that doctors can do their job effectively and safely, which directly benefits patient care.

The Patchwork of Existing Laws: Why They Fall Short

Currently, a few states in India have enacted laws aimed at protecting healthcare workers, but these measures are fragmented and inconsistent. For instance, Maharashtra introduced the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010. While this state-level law imposes fines and jail time for individuals attacking healthcare workers, enforcement has been weak and sporadic.

The Epidemic Diseases (Amendment) Act, 2020, brought in during the COVID-19 pandemic, provided temporary relief by criminalizing violence against healthcare workers during an epidemic. However, its scope was limited to times of crisis and did not address the persistent threats faced by healthcare professionals in regular practice. The lack of a uniform, central law leaves doctors vulnerable in states without specific legislation, creating a patchwork of protections that are insufficient in the face of a national crisis.

Global Perspective: Protection Laws for Healthcare Workers Around the World

Countries around the world have recognized the need to protect healthcare workers through national legislation. For instance:

    • Australia: The Health Services Act, 1988, imposes harsh penalties for anyone assaulting or threatening healthcare personnel. The law also mandates that hospitals implement security measures to protect their staff.

    • United States: The Workplace Violence Prevention for Health Care and Social Service Workers Act mandates hospitals to establish and implement violence prevention plans, including staff training, incident reporting, and protective equipment.

    • United Kingdom: Under the Assaults on Emergency Workers (Offences) Act 2018, any assault on healthcare workers is treated as a serious crime, with severe penalties including imprisonment.

These laws show a global acknowledgment that healthcare workers need protection to perform their duties safely. India, with its rapidly growing population and healthcare demands, cannot afford to lag behind in providing its healthcare workers with the same legal safeguards.

A Central Protection Act: A Demonstration of Political Will

India’s healthcare workers are the backbone of the nation’s fight against disease and illness. Their safety should be a national priority, not a political afterthought. A Central Protection Act would need to introduce strict penalties for those who commit violence against doctors and healthcare workers. It should also mandate improved security protocols in hospitals and ensure swift legal recourse for victims of violence.

Moreover, such a law would demonstrate the government’s commitment to healthcare workers—showing that the safety of doctors is more important than political convenience. The political cost of such legislation may seem high, but the cost of inaction is far greater. Without proper protections, healthcare workers will continue to leave the profession, and the quality of patient care will continue to deteriorate.

Conclusion: The Time for Action is Now

The violence against doctors and healthcare workers in India is a national emergency. Each attack chips away at the morale of those we rely on to save lives. The longer the government delays enacting a Central Protection Act, the more healthcare workers will continue to live and work in fear.

This is not just about protecting doctors; it’s about ensuring that the healthcare system can function without the constant threat of violence. The time for the government to act is now—before another tragedy strikes and before the healthcare system, already strained, reaches a breaking point.

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