SC panel dismisses need for central law to shield medical professionals

The National Task Force (NTF), constituted by the Supreme Court to propose measures for the safety of healthcare professionals in the aftermath of the gruesome rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata on August 9, has recommended against the need for a central law to address violence against medical personnel. Instead, the NTF has affirmed that existing state legislations and the Bharatiya Nyaya Sanhita (BNS) 2023 provide adequate safeguards.
The NTF’s findings, presented in a detailed report, highlight that 24 states have enacted laws addressing violence against medical professionals and healthcare institutions, with two more states preparing similar legislation. These laws, combined with the newly enacted BNS 2023, are deemed sufficient to address both minor and major offences.
According to the task force, minor offences, often arising in day-to-day hospital operations, are adequately covered by state laws, which also define “healthcare institutions” and “medical professionals.” For heinous crimes, such as those involving grievous harm or endangerment, the provisions of the BNS 2023 provide robust remedies.
In states lacking specific laws for healthcare professional protection, the NTF recommended immediate reliance on the BNS provisions to address acts of violence. “A separate central law to deal with offenses against healthcare professionals is, therefore, not required,” stated the report.
The report comes in the wake of public outrage over the tragic rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata, which prompted the Supreme Court to take suo motu cognisance of the rising violence against medical practitioners. In its 37-page report, the NTF has sought to provide clarity and actionable recommendations to address both immediate security concerns and systemic challenges faced by healthcare professionals across India.
While dismissing the need for new legislation, the NTF has proposed sweeping measures to enhance security in healthcare establishments. Acknowledging the diversity and complexity of India’s healthcare system, the recommendations span short-term, medium-term and long-term goals, allowing flexibility in their implementation based on the size and resources of institutions.
Among the key measures is the creation of security committees within hospitals. These committees, to be composed of representatives from various segments of hospital staff, are tasked with conducting regular security audits and identifying vulnerabilities. Recommendations for addressing these gaps are to be submitted to the institution’s head, who would also appoint a senior official to oversee the committee’s functioning.
Hospitals, particularly large establishments with over 500 beds, are advised to establish centralised security control rooms operating 24×7. Equipped with surveillance technology and staffed by trained personnel, these control rooms would coordinate security responses, including the deployment of Quick Response Teams (QRTs) during emergencies.
The report also emphasised the importance of integrating modern technology, such as CCTV surveillance at entry points, emergency rooms and intensive care units. Hospitals experiencing network blind spots have been urged to address mobile connectivity issues to ensure reliable communication during crises.
The task force further highlighted the critical role of local police in maintaining order in vulnerable healthcare establishments. For hospitals with a history of security challenges, regular police patrols and on-site outposts have been recommended even as the report also stressed the need for timely registration of complaints and filing of FIRs, suggesting that institutions designate nodal officers to liaise with law enforcement agencies.
Additionally, the NTF proposed that medical professionals be trained in legal protocols, enabling them to recognise their rights and navigate the criminal justice system effectively. Public awareness campaigns were also recommended to educate citizens about the legal consequences of violence against healthcare providers.
The NTF report also took a note of the unique vulnerabilities faced by women in the healthcare sector, particularly during night shifts or in isolated duty areas. Drawing from the framework of the POSH Act, 2013, the report recommends the establishment of Internal Complaints Committees (ICCs) in every healthcare institution.
Further, it called for heightened awareness of the Sexual Harassment electronic Box (SHe-Box), an online platform designed to facilitate the filing of complaints by women facing workplace harassment. Hospitals are urged to implement better lighting, secure duty rooms, and transport arrangements during late hours to create a safer working environment.
The NTF’s recommendations stemmed from extensive consultations with stakeholders, including resident doctor associations, nursing groups and private hospital representatives. Input from over 8,000 government healthcare establishments and feedback from 53 professional associations shaped the final report, which attempted to address the nuanced realities of both public and private healthcare settings.
The task force has acknowledged the challenges of uniformly implementing its recommendations, particularly in smaller clinics and rural hospitals with limited resources. However, it has urged state governments and healthcare institutions to adapt the measures to their unique contexts, while ensuring consistent monitoring and evaluation of security protocols.
By ruling out the need for a central law, the NTF has shifted the focus from legislative measures to operational excellence and systemic efficiency. It has proposed a holistic strategy to protect healthcare professionals, one that combines existing legal frameworks with practical and some new measures to enhance workplace safety.
The Prevention of Violence Against Healthcare Professionals and Clinical Establishments Bill, 2022, also referred to as the Central Protection Act for Doctors, was introduced in the Lok Sabha with the aim of curbing violence against medical professionals and healthcare institutions. The proposed legislation sought to define violence in clear terms, prohibit such acts, and establish strict penalties for offenders. It also mandated the reporting of incidents, emphasised public awareness campaigns, and provided a framework for grievance redressal.
However, despite its introduction nearly two years ago, the Bill remains unenacted.
In February 2023, then Union health minister, Mansukh Mandaviya, informed the Rajya Sabha about the government’s decision to shelve the idea of standalone legislation. He noted that an earlier draft, the Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019, had been prepared and circulated for stakeholder consultations. However, instead of proceeding with a separate law, the government chose to address the issue by promulgating the Epidemic Diseases (Amendment) Ordinance, 2020, which came into effect on April 22, 2020.
The Epidemic Diseases (Amendment) Act, 2020 prescribes stringent punishments for acts of violence or property damage targeting healthcare workers. Perpetrators face imprisonment of three months to five years, along with fines ranging from ₹50,000 to ₹2,00,000. In cases involving grievous hurt, the penalties are even harsher, with imprisonment ranging from six months to seven years and fines between ₹1,00,000 and ₹5,00,000. The law also mandates offenders to compensate victims for damages and pay twice the fair market value of any destroyed property.
The suo motu proceedings initiated by the apex court in August spotlighted the security and accountability concerns within West Bengal’s civic volunteer programme, particularly in light of the violent incident at the state-run RG Kar Medical College and Hospital, where the tragic death of the young doctor ignited calls for systemic changes in the state’s approach to securing its institutions.
Sanjay Roy, a civil volunteer, was arrested by the Kolkata Police a day after the crime and has been charge-sheeted by CBI, which took over the probe on the orders of the Calcutta high court. The incident has stirred massive protests across the eastern state, with medical professionals demanding better security in the government-run health care facilities.
Thousands of doctors, students, and health care workers rallied in major cities, demanding stronger security measures in government-run medical facilities. These demonstrations reflected mounting concerns over safety, as many pointed out that public hospitals lacked adequate security to protect staff, especially those working late hours. The health care sector voiced a unified call for reform, urging the government to prioritise the safety of medical professionals who frequently face risks in the line of duty.
Junior doctors led a hunger strike in West Bengal that lasted over three weeks, severely affecting services across the state. Intervention by the Supreme Court, which appealed for a swift resolution, as well as multiple meetings with chief minister Mamata Banerjee, ultimately led to a breakthrough. The chief minister’s assurances to improve security protocols and her outreach to the protesting doctors were instrumental in restoring order. Following these promises, the doctors returned to work.
The matter was last heard on November 7 when the top court turned down a request to transfer the trial in the case to another state, affirming that the trial will proceed in West Bengal. During the proceedings, the Central Bureau of Investigation (CBI) presented an updated status report, informing the court that charges were framed against the accused, Sanjay Roy, by the additional sessions judge in Sealdah on November 4. The case is likely to be heard next on December 10.