Supreme Court Panel rules out need for Central Law to protect Doctors

The National Task Force (NTF), created by the Supreme Court to address violence against healthcare workers after the tragic rape and murder of a junior doctor in Kolkata on August 9, has decided there is no need for a central law to tackle such incidents. The panel concluded that current state laws and the Bharatiya Nyaya Sanhita (BNS) 2023 already provide enough protection.  

According to the report, 24 states have specific laws to address violence against healthcare workers, with two more states working on similar legislation. For states without these laws, the task force suggested using the provisions in the BNS 2023. Minor offenses, like disruptions in hospital operations, are covered by state laws, while serious crimes, such as grievous harm, are addressed under the BNS. This makes additional national legislation unnecessary, the report stated.  

Recommendations for better safety

The NTF proposed various measures to improve security for healthcare professionals without introducing new laws. Key suggestions include:  

1. Training for Doctors: Healthcare professionals should be trained in legal protocols to understand their rights and navigate the justice system better.  
2. Public Awareness Campaigns: Educating the public about the legal consequences of attacking healthcare workers can help reduce violence.  
3. Hospital Security Committees: Institutions should form committees to conduct security audits and suggest improvements.  

Large hospitals with over 500 beds were advised to set up centralized security control rooms with round-the-clock surveillance, emergency response teams, and reliable communication systems. Modern technology, such as CCTV cameras and improved lighting in critical areas, was recommended to enhance safety.  
The report highlighted the additional risks faced by women healthcare workers, particularly during night shifts. It suggested creating Internal Complaints Committees (ICCs) under the framework of the POSH Act, 2013, and promoting the use of the SHe-Box platform for reporting workplace harassment. Hospitals should also ensure secure duty rooms and safe transportation for staff working late hours.  
The task force emphasized the importance of police cooperation in maintaining order in hospitals. For institutions with a history of violence, regular police patrols and on-site police outposts were recommended. Hospitals were also urged to designate officers to liaise with law enforcement and ensure timely filing of complaints and FIRs.  

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The NTF acknowledged that implementing these measures might be challenging for smaller clinics and rural hospitals with limited resources. However, it encouraged state governments to adapt the recommendations based on local needs and monitor their effectiveness.  

Background and legislative efforts

The recommendations follow widespread protests after the murder of the junior doctor at RG Kar Medical College in Kolkata. This incident highlighted the lack of security in many public hospitals, leading to demands for systemic changes.  

Although the Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 2022, was introduced in the Lok Sabha, it has not been passed. Earlier, the government had proposed the Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019, but instead opted for the Epidemic Diseases (Amendment) Act, 2020, which prescribes strict penalties for violence against healthcare workers.  

Under this law, perpetrators can face imprisonment ranging from three months to seven years, along with fines of up to ₹5,00,000. Offenders must also compensate victims for damages and pay twice the market value for destroyed property.  
The murder of the young doctor sparked massive protests across West Bengal. Thousands of healthcare workers, students, and doctors participated, demanding stronger security measures in government hospitals. Junior doctors led a hunger strike that lasted over three weeks, significantly affecting healthcare services in the state.  

The Supreme Court intervened, urging a resolution. West Bengal Chief Minister Mamata Banerjee held multiple meetings with the protesting doctors, promising better security and addressing their concerns. This helped restore normalcy as the doctors returned to work.  

The Supreme Court is monitoring the investigation into the case. Sanjay Roy, a civic volunteer accused of the crime, was arrested and charged by the Central Bureau of Investigation (CBI). The trial is ongoing in West Bengal, with the next hearing scheduled for December 10.  
The NTF’s recommendations aim to strengthen existing systems rather than create new laws. By focusing on practical steps like training, awareness campaigns, and improved hospital security, the task force seeks to protect healthcare workers while addressing the systemic challenges in India’s healthcare system. This approach reflects a shift towards operational efficiency and collaboration between institutions and law enforcement.