Can a Central Act Protect Indian Healthcare Workers from Rising Attacks?

September 12, 2024

In recent years, the alarming rise in attacks on healthcare workers (HCWs) in India has led to an urgent call for a uniform Central Protection Act (CPA) to ensure their safety. Following the tragic rape and murder of a resident doctor at RG Kar Medical College and Hospital in Kolkata, there is growing demand for a central law capable of providing consistent protection across states.

Rising Attacks on Healthcare Workers

Since 2011, attacks on HCWs have been on the rise, with a significant spike following 2020. Despite the existence of various state and central laws aimed at protecting these workers, the attacks continue unabated due to ineffective implementation and inconsistent legal definitions and penalties across different regions. Nurses, ambulance workers, doctors, and other allied professionals face varying degrees of risk, with nurses being at extremely high risk and doctors at high risk, according to a joint report by several international health bodies.

Lack of Uniformity in Legislation

Currently, 25 state governments in India have laws designed to protect HCWs, alongside two central acts—the Clinical Establishment Act, 2010, and the Prevention of Violence and Property Act, 2008. However, these laws differ widely in how they define violence and in the penalties they prescribe. This lack of uniformity results in inadequate enforcement and inconsistent protection for healthcare workers in various states.

Need for a Central Protection Act

Experts argue that a CPA would provide a uniform definition of violence and standardize penalties, making offenses non-bailable and ensuring timely prosecution. Such a law would also require offenders to compensate for property damage and introduce a national portal for reporting attacks, thereby improving accountability and deterrence.

Alarming Statistics

India ranks only second to Afghanistan in the number of attacks on HCWs, with three violent incidents per 10,000 HCWs annually. A study published in The Lancet highlighted that violence against HCWs in India is 57 times higher than in the UK and 850 times higher than in China, underscoring the severity of the issue.

Women HCWs at Higher Risk

Women, particularly nurses and junior doctors, face a higher risk of violence. Recent incidents, such as the assault on a junior resident doctor at the Sri Venkateswara Institute of Medical Sciences in Tirupati, highlight this increased vulnerability. In response, organizations like the Indian Medical Association (IMA) have started prioritizing the safety of female HCWs.

Budgetary and Systemic Issues

The broader context of public healthcare in India is also concerning. The commercialization and privatization of healthcare services have eroded public trust, contributing to the violence against HCWs. Increased budgetary allocations to strengthen public health institutions are essential to restore confidence and reduce these violent incidents.

Conclusion

In recent years, the alarming surge in attacks on healthcare workers (HCWs) in India has underscored the urgent need for a uniform Central Protection Act (CPA) to ensure their safety. The tragic incident involving the rape and murder of a resident doctor at RG Kar Medical College and Hospital in Kolkata has ignited a call for a nationwide law that can provide consistent protection for healthcare professionals across all states. Currently, the protection for HCWs varies from state to state, creating inconsistencies and gaps in safety measures. This disparity has led to increased vulnerability for HCWs who are already under significant stress due to the demanding nature of their jobs, especially during crises such as the COVID-19 pandemic. A centralized law would not only offer a standardized level of protection but also serve as a deterrent for potential attackers. The healthcare community and various advocacy groups are now pushing for the government to implement a comprehensive CPA that would ensure the safety and security of HCWs, allowing them to perform their duties without fear.

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