Notification:
The National Task Force (NTF), established by the Supreme Court on August 20 following the rape and murder of a postgraduate trainee doctor at RG Kar Medical College in Kolkata, has concluded that a separate central law to address offenses against health care professionals is unnecessary.
The NTF stated that existing state laws adequately cover day-to-day minor offenses, while serious crimes can be effectively addressed under the Bharatiya Nyaya Sanhita (BNS) 2023. In its report submitted to the Supreme Court, the NTF highlighted that 24 states have already enacted specific laws to protect health care professionals, with two more states introducing similar bills.
The report noted, "State laws have sufficient provisions to address minor offenses, and serious offenses are well-covered under the BNS. Thus, a separate central law is not required." It also recommended that states without specific legislation use the provisions of BNS 2023 to address violence against medical professionals.
Key Recommendations by the NTF:
1. Security Measures in Health Care Establishments (HCEs):
- Deploy trained security personnel.
- Coordinate with local police for an effective response.
Install adequate CCTV systems and distress call mechanisms in critical and violence-prone areas.
2. Infrastructural Enhancements:
Strengthen physical infrastructure, including secure boundary walls, fencing, and windows.
- Follow National Medical Commission (NMC) guidelines regarding duty hours and working conditions for resident doctors.
3. Legal Framework and Awareness:
- Ensure timely intervention through proper complaint filing (including Zero FIR), investigation, and legal action.
Raise public awareness about the legal provisions protecting health care professionals.
4. Improved Communication and Grievance Mechanisms:
- Emphasize effective communication between medical professionals and patients' families to reduce tension and prevent violence.
Establish internal grievance redressal systems to address threats or offenses against medical staff.
5. Sexual Harassment Prevention:
- Form internal complaints committees under the Sexual Harassment of Women at Workplace Act, 2013 at each HCE.
Promote awareness about the SHe-Box portal, enabling women to register complaints about sexual harassment.
6. Women’s Safety:
Utilize and strengthen existing women’s safety infrastructure to expedite crime investigations and judicial processes.
Implementation Strategy:
The NTF emphasized the need for flexibility in implementing these recommendations, considering the diverse size and complexity of health care establishments. It suggested forming committees and developing tailored standard operating procedures (SOPs) at different levels to ensure effective implementation.
Additionally, the Center, states, and Union Territories (UTs) have been advised to provide necessary support to HCEs for executing these measures. Monitoring mechanisms should also be established to oversee progress and compliance with the recommendations.