A parliamentary panel, headed by BJP member Brij Lal, is considering the introduction of legal safeguards for healthcare workers who often face violence from patients’ relatives or attendants. The panel, which examined three proposed criminal laws, discussed memoranda submitted by various medical associations urging the inclusion of provisions under Clause 115 of the Bharatiya Nyaya Sanhita (BNS) to penalize acts of violence against healthcare service personnel.

According to the committee’s report, healthcare professionals are uniquely vulnerable to “violent attacks” by relatives of patients, especially in cases where patients die during treatment. The submitted memoranda emphasized the prevalence of such attacks across the country and highlighted the need for legal safeguards to protect healthcare workers.

In response, the Union Home Ministry noted that general penal provisions apply to all citizens, with no specific distinction for any professional class. Stressing the equality of all individuals in the eyes of the law, the ministry asserted the state’s duty to protect the lives of its citizens, including healthcare professionals.

The ministry expressed concern that creating special provisions for doctors and healthcare professionals might lead to similar demands from other professional groups such as media persons, advocates, bankers, and chartered accountants.

Additionally, the Home Ministry informed the committee about a proposal by the Ministry of Health and Family Welfare to introduce a ‘Medical Professionals Act’ aimed at providing safeguards for healthcare workers against violent attacks. The Home Ministry stated its intention to seek an update from the Ministry of Health and Family Welfare on the progress of this proposal.

After considering the concerns raised by healthcare personnel, the parliamentary committee recommended that the government explore the implementation of appropriate legal safeguards for healthcare workers.

Clause 115 of the Bharatiya Nyaya Sanhita (BNS) deals with the voluntary causing of hurt, specifying punishment for grievous hurt, including imprisonment of up to seven years and a fine.

The proposed legislation, including the Bharatiya Nagarik Suraksha Sanhita (BNSS-2023), the Bharatiya Nyaya Sanhita (BNS-2023), and the Bharatiya Sakshya Adhiniyam (BSA-2023), aims to replace the Code of Criminal Procedure Act, 1898, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, respectively. The Bharatiya Nagarik Suraksha Sanhita (BNSS-2023) bill was introduced in the Lok Sabha on August 11, alongside the other two bills as reported by PTI.

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