GR Exclusive: Kolkata Doctor Rape-Murder Flags Legal Protection Guidelines' Concerns For Healthcare Workers

The heinous crime of rape-murder against the 31-year-old doctor in the British-era built R. G. Kar Medical College and Hospital, is a grim reminder that even healthcare workers in the world's largest democracy need better legal protection and policies in place, specially when they are on duty. In the first hearing of a suo moto petition in the Supreme Court, Chief Justice of India DY Chandrachud emphasized that this is beyond a particular murder, it raised systemic issues related to the safety of doctors across India.

It's bone-chilling when the realisation hits that the doctors who work extraordinary hours to save the lives of citizens in India - are not safe! The R. G. Kar case is an eye-opening moment that one cannot look away from this dire need to put law and order in place that safeguards lives of healthcare workers. You cannot look away, period!

"The horrific incident in Kolkata has shaken the medical community to its core, igniting widespread anger and demands for justice. This brutal attack on a trainee doctor is not just an isolated case but a grim reminder of the vulnerability that healthcare professionals face every day," said Dr Sheetal Jindal- MBBS, MD OBG, EPHM (IIM Kolkata) Senior consultant and medical director_Director Medical Genetics program at Jindal Ivf Chandigarh in an exclusive interview with GoodReturns.

Dr Jindal added it is beyond unacceptable that those who dedicate their lives to saving others are subjected to such heinous violence.

Here are the excerpts from the interview with Dr Sheetal Jindal:

1. Considering the incident, what kind of legal protection hospital professionals should get in future?

In response to this tragedy, it is imperative that immediate and robust legal protections be put in place. The Central Protection Act for Doctors must be urgently enacted, with provisions for severe penalties against any form of violence or harassment targeting medical professionals. This legislation should ensure non-bailable offenses, mandatory reporting, and swift judicial action.

Moreover, hospitals must be fortified with comprehensive security measures and public awareness campaigns should be launched to restore the respect and safety that healthcare workers rightfully deserve.

2. What kind of legal policies should be in place for female doctors?

The rise in violence against female doctors reinforces the urgent need for comprehensive legal policies tailored to their protection. Legislation should establish severe penalties for gender-based violence and harassment in healthcare settings, ensuring offenders face strict legal consequences.

Hospitals must be equipped with robust security measures, including 24/7 surveillance, panic buttons, and rapid access to legal support for female staff. Training programs focused on preventing and addressing sexual harassment should be mandatory, with clear, confidential reporting systems in place. Additionally, policies should mandate regular risk assessments to identify and address potential safety concerns specific to female healthcare workers.

3. The Health Ministry has been allocated Rs 90,958.63 crore in the 2024-2025 budget, an increase from Rs 80,517.62 crore in the 2023-24 revised estimates. What measures can you expect for the welfare of doctors in this budget allocation?

Had there been more comprehensive provisions for the welfare and safety of doctors in previous budget allocations, we could have potentially mitigated the risk of such a tragic incident. This unfortunate event highlights the urgent need for the government to take a renewed and focused approach.

With the increased budget, there is a valuable opportunity to enhance security measures, implement comprehensive training programs, and improve support systems for healthcare professionals. Addressing these areas proactively will enhance safety measures and demonstrate a strong commitment to protecting those who are dedicated to healing and providing critical care.

Supreme Court On Safety Of Doctors!

In the court hearing, Chandrachud said, "The reason why we have decided to take this suo motu matter is because this is not a matter related to a particular murder which took place in a hospital in Kolkata. It raises systemic issues related to the safety of doctors across India," as per LiveLaw.

Further, he expressed concerns about the virtual absence of conditions of safety for young doctors in public hospitals, especially women doctors who are more vulnerable because of the nature of work and gender. Accordingly, the CJI believes there must be a national protocol to create safe conditions of work, as per the report.

Hence, the CJI has decided to create a "National Task Force". This new move asks doctors across the country to give recommendations on the modalities that could be put in place to ensure the safety and medical professionals.

Current Legal Protection & Safety Protocols For Healthcare Workers!

Earlier, the government had introduced the Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and damage to property) Bill, 2019 -- which dealt with violence against healthcare service personnel. The bill involved imprisonment between 6-7 years and a penalty of between Rs 50,000 to Rs 5 lakh.

In case of grievous injury, the bill included punishments like 3-10 years and with a penalty of Rs 2,00,000-10,00,000.

Broadly, the bill was formulated through democratic engagement and public suggestions. However, the bill was aborted by the Ministry of Home Affairs in 2022. While rejecting the bill, the ministry stated that the bill could potentially spark other professional communities to demand similar protections.

However, the government did recognize the need for safety and protection for healthcare workers during the Covid-19 pandemic when coronavirus preyed on thousands of lives. The government introduced the Epidemic Diseases (Amendment) Ordinance, 2020.

The Epidemic Diseases (Amendment) Ordinance, 2020 was intended to ensure that during any situation akin to the current pandemic, there is zero tolerance for any form of violence against healthcare service personnel and damage to property.

The ordinance stated that acts of violence shall be punished with imprisonment for a term of three months to five years, and with a fine of Rs.50,000/- to Rs.2,00,000/-. In case of causing grievous hurt, imprisonment shall be for a term of six months to seven years and with a fine of Rs.1,00,000/- to Rs.5,00,000/-. In addition, the offender shall also be liable to pay compensation to the victim and twice the fair market value for damage to property.

However, beyond the pandemic, the doctors in the country are currently demanding legal protection guidelines which is expected to enable them to perform their duties efficiently without any fear and trauma of their own lives. As per Dr Atul Singh, KK Hospital, Delhi, adequate workplace security and stricter laws are the need of the hour.

Singh said to GoodReturns.In that "Doctors and healthcare workers do their every bit to save the lives of the patients and it is really distressing that they are the target of violence. Therefore, for the well-being of society, the safety of health workers assumes utmost importance. The incidence at RG Kar Medical College has highlighted this issue again. Adequate workplace security and stricter laws are the need of the hour."

At the latest, in 2023, the Kerala government promulgated an Ordinance to amend the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012. The new Ordinance includes paramedical students too under the scope of coverage. Under the new ordinance, any attack or attempt to attack or persuasion for an attack on health workers shall attract imprisonment, with a minimum tenure of 6 months and up to a maximum tenure of 5 years and a penalty ranging from Rs.50000/- to Rs. 2 lakhs.

Sadly, the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act was also an outcome of the tragic murder of a medical doctor Vandana Das on May 10, 2023, where she was attacked also on duty by a school teacher.

The Kolkata case has hit a nerve, and not just the doctors but overall Indian citizens are demanding full-fledged stringent healthcare rules and regulations that offer seamless and effective safe working environments to the healthcare workers. Never Again! The protestors demand a 'never again' of the R. G. Kar incident or the Kerala Hospital murder case in the future, through legal protection for safety in healthcare.