NTF Formed By Supreme Court Gives Suggestions On Safety & Better Working Conditions Of Medical Professionals
Category: Criminal Law
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INTRODUCTION
No doubt, the safety and security of healthcare professionals have now become the biggest concern with growing attacks on them. In the wake of increased suo motu case initiated recently by the Supreme Court under tragic rape and murder of a postgraduate doctor at R.G. Kar Medical College in Kolkata, the National Task Force was constituted. It was given the mandate to ascertain if such laws existed to protect medical practitioners or whether there was a Central law. Based on its report, the NTF analyzed the legal framework and had taken a number of actions that would allow a comprehensive solution to the problem.
BACKGROUND
In anticipation of the scenario of rape and murder of a postgraduate doctor at R. G. Kar Medical College in Kolkata, the Supreme Court constituted a National Task Force to review the safety and security of all healthcare professionals. It also wanted an opinion from NTF as to whether there existed a fundamental Central law that could protect medical professionals and further steps proposed to prevent such incidents of violence against them.
This report is addressed to the Supreme Court and meets the current legislative provisions, also outlining ways through which healthcare establishment safety measures could be improved.
KEY ASPECTS
1. Sufficientness of currently existing laws
Therefore the NTF felt that there was no necessity for central law as with the existing State law and Bharatiya Nyaya Sanhita, 2023 (BNS) both minor and major offenses would be well protected. So far, legislation enacted has protected providers in 24 states; two other states have introduced bills with the same intended purpose.
2. Resistance from Medical Associations
Deterrents are required to declare hospitals as safe zones, believes Indian Medical Association, which seeks a proper central law in this regard. It turned down the stand articulated to the NTF observed that a Central legislation is the only course through which it could regain lost confidence in the medical fraternity.
3. Recommendations of Safety Measures
In relevance to NTF, suggestions for short-term, medium-term, and long-term safety measures can be listed as follows:
This hospital has a security force that is fully trained.
This includes increased cooperation with regional police.
Installation of CCTV and biometric access systems.
Safety measures with regard to night shifts and conveyance are undertaken.
Internal complaints committees will be established to investigate sexual harassment cases.
Also, elderly can be seen in casualty service departments so that they can be approached easily.
Other recommendations include the lodging of an FIR as well as zero FIRs within six hours of any act of violence.
4. Root Cause Meeting
The NTF discerned communication problems as emerging quite frequently between medical practitioners and the patient's family as constituting one of the major areas contributing to mistrust and tension, quite often escalating to violence. 5. Women Safety Rooms on Condition The report elaborated on the efforts of the government in the areas of women safety and referred to how 37 sections regarding crimes against women featured in the BNS.
CONCLUSION
This would mean availing oneself of State legislations and BNS already existing instead of setting up a Central law exclusively. Although this working group has issued a coordinated set of safety recommendations for the healthcare institutions, such recommendations are partially contrary to the requirements of the medical professions, which are ardently demanding strong central legal protection. The integrated approach to protecting the medical professions from all hazards at large employs the developments in communications, security measures, and mechanisms of enforcement. However, debate over a Central law reveals how the policy makers have been at variance with expectations from the medical community.
WRITTEN BY ADV ANIK
