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The recent tragedy at R G Kar Medical College and Hospital in Kolkata, where a resident doctor was tragically killed, highlights a critical issue that has been overlooked for far too long: the dire need for legal protection for healthcare workers across India. This incident, sadly not an isolated one, serves as a chilling reminder of the vulnerabilities faced by those dedicated to providing care, emphasizing the urgency for a comprehensive national solution to ensure their safety and well-being. The article argues that the current lack of legal protection leaves healthcare workers, including doctors, nurses, and support staff, at an unacceptable risk of violence, often from patients or their families. While the issue has been raised repeatedly, the lack of a central law remains a significant obstacle to addressing this systemic problem.
The author delves into the complexities surrounding the lack of a national law to protect healthcare workers. The current state of affairs, where public health and hospitals fall under state jurisdiction, complicates the process of enacting a unified legislation. The author references the Health Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill of 2019, which, despite being proposed and open for feedback, was ultimately not taken forward by the Home Ministry due to concerns about potential ramifications for other professional groups. While this hesitation is understandable, the author argues that the unique nature of healthcare, with its inherent vulnerabilities and demands, makes legal protection for healthcare workers a pressing and distinct necessity. The need for a centralized, comprehensive approach is further underscored by the author's observations of the patchwork of state-level legislation, often characterized by inconsistency and loopholes, creating a fragmented and inadequate system.
The article highlights the daily realities faced by healthcare professionals, often characterized by long hours, immense pressure, and sacrifices made at the expense of their own well-being. The author, a senior resident doctor at AIIMS, Delhi, provides firsthand insights into the alarming rise of violence against healthcare workers, attributing it directly to the absence of strong legal protection. This lack of security, coupled with the constant fear of aggression, creates a challenging and stressful work environment, impacting not only individual healthcare professionals but also the quality of care provided. The author emphasizes the need for a central law, akin to the Central Protection Act (CPA), to ensure the safety and security of all healthcare workers, regardless of their location or role.
The article underscores the critical need for a nationwide, unified legal framework to protect healthcare workers. While the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act of 2023, enacted in response to the tragic murder of a junior doctor, represents a positive step, it is a disheartening testament to the fact that action is only taken after lives are lost. The author contends that this reactive approach needs to be replaced by proactive measures to prevent further tragedies. The article concludes with a powerful call for both the public and lawmakers to recognize the urgency of this issue and actively support the enactment of a comprehensive legislation that would provide long-overdue protection for healthcare workers, ensuring they can continue to serve the nation without fear of harassment or assault.
Source: R G Kar Hospital incident underline needs for legal protection for safety of healthcare workers