Union government rules out the need for a Central protection Act

Union government rules out the need for a Central protection Act

Context:

The Union government has ruled out the need for a Central protection Act to create a uniform framework for safeguarding healthcare workers, citing that almost all States have laws in place to ensure their safety.

Background:

• This decision comes in the wake of the Kolkata rape and murder case, which has intensified demands from doctors for a safer workplace environment.
• In response, the Centre has ordered a 25% increase in security at all Union government hospitals.

Relevance:

GS-02 (Government policies and interventions)

Key Highlights:

1. Increased Security Measures:
   • The Union government has issued an order to increase security by 25% in all Union government hospitals.
   • Depending on the need, the deployment of marshals in hospitals will be increased to ensure better protection for healthcare workers.
2. State Laws for Healthcare Worker Protection:
   • A total of 26 States and Union Territories, including Andhra Pradesh, Assam, Bihar, West Bengal, and Tamil Nadu, have already passed legislation to protect healthcare service personnel.
   • These laws typically define healthcare service personnel as doctors, nurses, medical and nursing students, and paramedical staff.
   • The legislation makes offenses against healthcare workers cognizable and non-bailable, covering activities such as harm, injury, endangering life, intimidation, and damage to property in healthcare facilities.
3. Centre’s Stand on a Central Law:
   • The Union government has stated that a Central protection Act is unnecessary, as existing State laws already provide adequate protection. The focus should be on proper implementation of these laws.
   • The Ministry of Health and Family Welfare has called for a meeting with heads of Union government hospitals to review and strengthen security measures.
4. Institutional Measures:
   • Institutional FIRs in cases of violence, additional infrastructure security like CCTV, and improved lighting are part of the new advisory issued to hospitals.
   • A committee is being formed to strengthen workplace security after extensive consultation with all stakeholders.

About Central Law for Doctors’ Safety:

• Current Legal Framework:
  • Health and law & order are State subjects under the Indian Constitution, making it the primary responsibility of State governments and Union Territory administrations to prevent violence against healthcare workers.
  • Most State Acts already classify violence against healthcare workers as cognizable and non-bailable offenses, providing legal protection across the country.
• Need for a Safe Work Environment:
  • Experts have emphasized the need for better working conditions in medical facilities, including proper lighting, security guards, cameras, and secure walkways between departments.
  • Historical incidents, such as the 1973 assault on nurse Aruna Shanbaug, highlight the long-standing issue of violence against healthcare workers in India.
• Global Comparison:
  • Globally, countries like the U.K., U.S., and Australia have implemented effective measures to protect healthcare workers, including zero-tolerance policies, classification of assaults as felonies, and mandatory security measures.

Significance:

• Enhanced Safety for Healthcare Workers: The increased security measures and the commitment to improve existing laws are vital steps in ensuring the safety and well-being of healthcare workers, who are often at risk of violence in their workplaces.
• Balancing Legal Framework: The Union government’s stance on not introducing a Central law underscores the importance of utilizing and effectively implementing existing State laws rather than creating overlapping legal frameworks.
• Response to Public and Professional Pressure: The government’s actions are a direct response to the growing unrest among healthcare professionals, ensuring that their demands for safer working conditions are met while avoiding the complexities of enacting new national legislation.
• Impact on Healthcare Delivery: By addressing safety concerns, the government aims to ensure that healthcare professionals can focus on delivering quality care without fear of violence, ultimately benefiting patients and the healthcare system as a whole.