The National Task Force (NTF) reported to the Supreme Court that current state laws under the Bharatiya Nyaya Sanhita adequately address crimes against healthcare professionals, negating the need for a central law. The NTF proposed enhanced security measures in hospitals, emphasizing collaboration between hospital administrations and law enforcement to improve the safety and well-being of medical workers in India.
New Delhi: The National Task Force (NTF), in a report filed with the Supreme Court, has asserted that existing state laws and penal provisions under the Bharatiya Nyaya Sanhita (BNS) are sufficient to address crimes against healthcare professionals, eliminating the need for a dedicated central law. This report came in response to the suo motu case regarding the rape and murder of a junior doctor at RG Kar Medical College, Kolkata.
The NTF emphasized that 24 states in India have enacted specific laws to combat violence against medical professionals and protect healthcare institutions. It observed:
“State laws have adequate provisions to address day-to-day minor offences, and serious offences can be addressed by BNS. A separate Central law to deal with offences against healthcare professionals is, therefore, not required.”
According to the NTF, most state laws focus on minor offences, such as verbal abuse or physical intimidation, prescribing suitable penalties. Heinous crimes like murder, assault, and grievous harm are effectively addressed under the BNS, which serves as the overarching penal framework in India.
Beyond legal provisions, the NTF proposed robust measures to enhance the safety and security of healthcare workers in hospitals. These include:
- Trained Security Personnel: Deployment of professional security staff in hospital premises.
- Night-Shift Protocols: Ensuring transportation and safety for staff working late hours.
- Increased Surveillance: Installation of more CCTV cameras and conducting regular security checks.
- Emergency Presence of Senior Residents: Keeping senior medical personnel available during night shifts to supervise and assist in emergencies.
- Swift Legal Action: Mandating that First Information Reports (FIRs) related to violence against medical professionals must be registered within six hours of the incident.
The Supreme Court established the nine-member NTF on August 20, led by Surgeon Vice Admiral Arti Sarin AVSM, VSM, Director General Medical Services (Navy). The task force was tasked with making recommendations on the safety, working conditions, and well-being of healthcare workers following the tragic incident at RG Kar Medical College.
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While the NTF dismissed the necessity for a central law, it stressed improving the infrastructure and operational procedures in hospitals. By focusing on preventive measures like better security and procedural reforms, the NTF highlighted that administrative and infrastructural support could complement the legal framework in ensuring a safer environment for healthcare professionals.
Moving Forward
The NTF’s report underscores the need to effectively implement state laws and existing penal codes, emphasizing collaboration between hospital administrations and law enforcement agencies. With the Supreme Court’s ongoing review of the matter, the recommendations could pave the way for significant improvements in the protection of medical professionals across the country.
By advocating a nuanced approach—leveraging existing legal frameworks and strengthening hospital safety protocols—the NTF aims to foster a secure and supportive environment for India’s healthcare workforce.
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