National Task Force (NTF) created by Supreme Court recommending measures for the safety of healthcare workers following the horrific rape and murder of a junior doctor RG Kar Medical Faculty and Hospital On August 9, in Kolkata, he suggested that there was no need for a central law against violence against medical personnel.

Instead, NTF confirmed that existing state laws and the Bharatiya Nyaya Sanhita (BNS) 2023 provide adequate protection. The NTF’s findings, presented in a detailed report, reveal that 24 states have enacted laws addressing violence against medical professionals and healthcare facilities, with two more states drafting similar laws. These laws, together with the newly enacted BNS 2023, are considered sufficient to address both minor and major crimes.

According to the task force, minor crimes that mostly occur in day-to-day hospital operations fall under state laws that also define “healthcare institutions” and “medical professionals.” For heinous crimes such as causing grievous harm or endangerment, the provisions of BNS 2023 provide robust solutions.

NTF recommended that in states where there are no specific laws for the protection of healthcare workers, BNS provisions should be immediately invoked against acts of violence. The report stated that “Therefore, a separate central law regarding crimes committed against healthcare workers is not necessary.”

The report comes in the wake of public outrage over the tragic rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata; This incident led to the Supreme Court taking suo motu notice of the increasing violence against medical practitioners. In its 37-page report, NTF sought to provide clarity and actionable recommendations to address both immediate safety concerns and systemic challenges faced by healthcare workers across India.

The NTF proposed comprehensive measures to improve safety in healthcare facilities, while ignoring the need for new legislation. Recognizing the diversity and complexity of India’s healthcare system, the recommendations cover short-term, medium-term and long-term goals and provide flexibility in their implementation depending on the size and resources of the institutions.

Key measures include the establishment of safety committees in hospitals. These committees, which will consist of representatives from various segments of hospital staff, are responsible for conducting regular security audits and identifying security vulnerabilities. Recommendations to address these gaps will be presented to the head of the institution, who will also appoint a senior official to oversee the functioning of the committee.

Hospitals, especially large institutions with more than 500 beds, are recommended to establish centralized security control rooms that operate 24/7. Equipped with surveillance technology and staffed by trained personnel, these control rooms will coordinate security responses, including the deployment of Quick Response Teams (QRTs) during emergencies.

The report also highlighted the importance of integrating modern technologies such as CCTV surveillance at entry points, emergency departments and intensive care units. Hospitals experiencing network blind spots have been urged to address mobile connectivity issues to ensure reliable communications during the crisis.

The task force also emphasized the critical role of local police in maintaining order in sensitive healthcare facilities. While the report also emphasized the need for timely registration of complaints and filing of FIRs, it also recommended regular police patrols and on-site outposts for hospitals with a history of security issues, and recommended that institutions appoint central officers to liaise with the law. enforcement agencies.

Additionally, NTF recommended that medical professionals be trained in legal protocols to enable them to recognize their rights and navigate the criminal justice system effectively. Public awareness campaigns have also been proposed to educate citizens about the legal consequences of violence against healthcare providers.

The NTF report also highlighted the unique vulnerabilities faced by women in the healthcare industry, especially on night shifts or in isolated work areas. Drawing on the framework of the POSH Act 2013, the report recommends the establishment of Internal Complaints Committees (ICCs) in every healthcare institution.

She also called for raising awareness of the Sexual Harassment e-Box (SHe-Box), an online platform designed to make it easier for women facing workplace harassment to lodge complaints. Hospitals are being called on to provide better lighting, safe workrooms and transport arrangements for late hours to create a safer working environment.

NTF’s recommendations resulted from extensive consultations with stakeholders, including resident doctors’ associations, nursing groups and private hospital representatives. Input from more than 8,000 state healthcare organizations and feedback from 53 professional associations shaped the final report, which sought to address the nuanced realities of both public and private healthcare environments.

The task force acknowledged the challenges of uniformly implementing its recommendations, especially in smaller clinics and rural hospitals with limited resources. But he called on state governments and health agencies to adapt measures to their unique contexts while ensuring consistent monitoring and evaluation of safety protocols.

By eliminating the need for a central law, the NTF shifted its focus from legislative measures to operational excellence and systemic efficiency. He proposed a holistic strategy to protect healthcare workers, combining existing legal frameworks with practical and some new measures to increase workplace safety.

The Prevention of Violence Against Healthcare Workers and Clinical Establishments Act, 2022, also referred to as the Central Protection for Doctors Act, was introduced in the Lok Sabha with the aim of reducing violence against medical professionals and healthcare institutions. The proposed law sought to define violence in clear terms, prohibit such acts, and set strict penalties for perpetrators. It also mandated the reporting of incidents, emphasized public awareness campaigns, and provided a framework for grievance redressal.

However, although it was introduced nearly two years ago, the bill has not yet become law.

In February 2023, then Union health minister Mansukh Mandaviya informed the Rajya Sabha about the government’s decision to shelve the idea of ​​standalone legislation. He noted that an earlier draft, the Health Care Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019, had been prepared and circulated for stakeholders’ consultations. However, instead of enacting a separate law, the government chose to address the issue by publishing the Epidemic Diseases (Amendment) Regulations 2020, which came into force on 22 April 2020.

The Epidemic Diseases (Amendment) Act, 2020 provides for stringent penalties for acts of violence or property damage targeting healthcare workers. Perpetrators face a prison sentence of three months to five years, as well as a fine. ₹50,000 to ₹2 lakhs. Penalties become more severe in cases involving serious injury; The penalty is imprisonment from six months to seven years and a fine of 2 to 3 years. ₹1 lakh and ₹5 lakhs. The law also requires criminals to compensate victims and pay twice the fair market value of property destroyed.

The suo motu proceedings, initiated by the apex court in August, raised safety and accountability concerns in West Bengal’s civil volunteer programme, especially in light of the violence at the state-run RG Kar Medical College and Hospital, where the tragic death of the teenager took place. The doctor sparked calls for systemic changes to the state’s approach to securing its institutions.