New Delhi, Nov 28: A parliamentary panel has stated that the government may think about enacting suitable legal protections for healthcare professionals, who occasionally experience violence from family members or companions of patients. A memorandum submitted by various medical associations asked the Parliamentary Standing Committee on Home Affairs, chaired by BJP member Brij Lal, to introduce provisions under Clause 115 of the Bharatiya Nyaya Sanhita (BNS) to penalise acts of violence against healthcare service personnel. The committee then examined the three proposed criminal laws. In its report, the committee stated that evidence was presented to the panel indicating that, in contrast to other professions, healthcare workers are susceptible to “violent attacks” from patient relatives in situations where patients pass away while receiving treatment.The medical associations informed the committee that there is a need to establish some legal protections for healthcare workers because violent attacks against them are common across the nation. The Union Home Ministry responded by saying that there is no distinction made in the penal laws for any class of people and that all are subject to the general penal provisions. The home ministry emphasised that everyone is equal in the eyes of the law. The state has a duty to safeguard the lives of all of its citizens, including medical professionals and other professionals like advocates, bankers, chartered accountants, and media personnel.The home ministry noted that making special provisions for physicians and other health care workers might lead to demands of a similar nature from other professions, including advocates, bankers, chartered accountants, and members of the media. The committee was also advised by the home ministry that the Ministry of Health and Family Welfare is considering introducing a “Medical Professionals Act” to protect healthcare workers from violent attacks. The home ministry promised to get an update from the Ministry on this matter.The committee stated that it “opines that the government may consider introducing appropriate legal safeguards for healthcare workers after considering the concerns of the healthcare personnel.” According to Clause 115 of the BNS, anyone who intentionally causes harm will be punished with either type of imprisonment for a term that may not exceed seven years, as well as a fine, if the harm is grievous harm that he intends to cause or knows himself to be likely to cause.Along with the Bharatiya Nyaya Sanhita (BNS-2023) and Bharatiya Sakshya Adhiniyam (BSA-2023) bills, the Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) bill was introduced in the Lok Sabha on August 11. The three proposed laws aim to supersede the Indian Evidence Act of 1872, the Indian Penal Code of 1860, and the Code of Criminal Procedure Act of 1898, in that order.
