Indian Medical Association reiterates the urgent need for a central law for Safety and Security of Doctors

Service providers, whether doctors, lawyers, or other professionals serving different sections of society, need sufficient security to operate without fear or favour. A recent trigger on the issue came from a horrifying incident in Kolkata where a trainee doctor, on August 9, 2024, was murdered and raped. Recently, the Indian Medical Association (IMA) approached the National Task Force (NTF), a crucial body entrusted with developing a comprehensive protocol to ensure the safety and security of healthcare professionals across the country. The National Task Force (NTF) was set up by a Supreme Court bench headed by Chief Justice Chandrachud on August 20, 2024, to enhance the safety and security of healthcare professionals in India, and it has 14 members. The IMA has reiterated its longstanding demand for enacting a central law to curb violence against doctors and healthcare facilities, emphasising the NTF’s pivotal role in this endeavour. Besides these, individualistic steps must be taken to protect the institution’s safety and security, about which no media flare caught attention.

National Task Force

The Union Ministry of Health and Family Welfare has established the National Task Force (NTF). The Union Cabinet Secretary leads it and includes vital government officials like the Home and Health Secretary. Additionally, the National Medical Commission Chairperson and the National Board of Examinations President are part of the task force. The task force also includes nine eminent doctors, selected by the Supreme Court, representing various prestigious medical institutions across India. Some notable members include:

• Dr M. Srinivas, Director of AIIMS Delhi,
• Dr D. Nageshwar Reddy of AIG Hospitals, Hyderabad, and
• Dr Pratima Murthy, Director of NIMHANS, Bengaluru.

NTF to recommend measures to prevent violence against medical professionals, ensure safe working conditions, and propose protocols for the dignified treatment of healthcare workers. It has been tasked with submitting an interim report within three weeks and a final report within two months. This task force was created in response to growing concerns about the safety of medical professionals, highlighted by tragic incidents and subsequent protests.

IMAs appeal for Central Law

IMA is the national organization of modern medicine doctors, established in 1928, and played a significant part in the country’s freedom struggle. This historical context underscores the association’s long-standing commitment to public health and its headquarters in New Delhi. Indian Medical Association is in almost all the country’s districts, with 1,800 local branches, 28 state branches, and 3,85,000 members. As mentioned in the letter, IMA has a presence in all the country’s medical colleges through its Junior Doctors Network and Medical Students Network.

The Indian medical fraternity heeded IMA’s call to withdraw all services except emergencies and casualties on August 17. The IMA’s appeal for a central law and declaring hospitals as ‘safe zones’ calls for immediate action. This designation would recognise hospitals as areas requiring special protection due to their critical role in society and the vulnerable populations they serve. The association has emphasised the urgent need for legal protection for medical professionals, who are increasingly vulnerable to acts of violence and aggression in their workplaces. The Indian Medical Association has argued that existing state-level laws have proven insufficient in addressing the growing crisis of violence in healthcare settings. They have stressed that uniform, central legislation must provide consistent and effective protection across all states and Union Territories. By declaring hospitals safe zones, the IMA believes that stricter penalties can be imposed on those who perpetrate violence in these facilities, thereby deterring such incidents and ensuring a safer environment for healthcare providers and patients. There is also conversation on measures like panic buttons, CCTV cameras, security personnel, and de-escalation training.

The Indian Medical Association (IMA) formulated its submission in three sections in its letter, stating that the Supreme Court has constituted the NTF to evolve a national consensus and formulate protocols with due consultation of all stakeholders.

Solutions and demands:

At the policy level, the reluctance to acknowledge the violence against doctors and hospitals must change. A central act incorporating the amendments of 2023 in the Epidemic Diseases Act of 1897 into the draft Hospital Protection Bill of 2019 would strengthen the existing 25 state legislations. An Ordinance, as in during the COVID-19 pandemic, is in order.

1. The security protocols of all hospitals should be at least an airport. Declaring the hospitals as safe zones with mandatory security entitlements is the first step. CCTVs, deployment of security personnel and the protocols can follow.
2. The victim’s 36-hour duty shift and the lack of safe spaces to rest and adequate rest rooms warrant a thorough overhaul of the working and living conditions of the resident doctors.
3. Meticulous and professional investigation of the crime in a timeframe and rendering of justice. Identify the hooligans of vandalism and award exemplary punishment.
4. Appropriate and dignified compensation to the bereaved family commensurate with the cruelty inflicted.

The Indian Medical Association’s letter underlines the necessity of a central law as the only effective preventive strategy that could be universally applied. The absence of such a law has led to inadequate police actions and suboptimal investigations and prosecutions of violent incidents, making the need for a central law inevitable. Reasoning that deterrence is the best form of prevention, the IMA said that, unlike other measures, a robust central law would prevent violence across all sectors, especially the small and medium ones. It will serve as an enabling Act for state legislation. Secondly, for its demand for declaring hospitals as safe zones, the IMA said the concept of safe zones could also be embedded in the proposed law. Third, it demanded improving the working and living conditions of the resident doctors.

In conclusion, the Indian Medical Association’s (IMA) renewed call for a central law addressing violence against doctors and hospitals underscores the critical need for systemic change in the protection of healthcare professionals. The formation of the National Task Force (NTF) by the Supreme Court is a significant step towards developing robust safety protocols. Still, the IMA insists that only comprehensive central legislation can effectively curb the increasing incidents of violence in healthcare settings. The IMA’s demands for declaring hospitals as ‘safe zones’ and enhancing security measures reflect a deep concern for the welfare of medical professionals and the integrity of healthcare services. As the NTF works on its recommendations, implementing these measures will ensure a safer and more secure environment for healthcare providers and patients across India. However, even individual institutions should come forward to maintain the security and safety of the institutions and their workers. The incident in Kolkata should make every institution and workplace revisit its security and safety protocols to ensure the safety of every worker.