Yesterday, the Ministry of Health and Family Welfare released a draft Bill to address incidences of violence against healthcare professionals and damage to the property of clinical establishments.  Public comments on the draft Bill are invited till the end of September.  In this context, we discuss key provisions of the draft Bill below.

What does the draft Bill seek to do?

The draft Bill prohibits any acts of violence committed against healthcare service personnel including doctors, nurses, para medical workers, medical students, and ambulance drivers, among others.  It also prohibits any damage caused to hospitals, clinics, and ambulances. 

Under the draft Bill, violence means any act which may cause: (i) harm, injury or danger to the life of a healthcare service personnel, while discharging their duty, (ii) obstruction or hindrance to healthcare service personnel, while discharging their duty, and (ii) loss or damage to any property or documents in a clinical establishment. 

What are the penalties for committing such acts of violence?

Currently, the Indian Penal Code, 1860 provides for penalties for any harm caused to an individual or any damage caused to property.  Further, the Code prescribes penalties for causing grievous hurt i.e., permanent damage to another individual.  The draft Bill additionally specifies penalties for similar offences caused to healthcare professionals and clinical establishments. 

Under the draft Bill, any person who commits violence, or abets such violence may be punished with imprisonment between six months to five years, along with a fine of up to five lakh rupees.  However, if any person causes grievous hurt to a healthcare service professional, he will be imprisoned for a period between three years to ten years, along with a fine between two lakh rupees and Rs 10 lakh.  Note that, currently under the Indian Penal Code, 1860, an individual who commits grievous hurt is punishable with imprisonment of up to seven years, along with a fine.

In addition to the punishment for offences committed under the draft Bill, the convicted person will also be liable to pay compensation to the affected parties.  This includes: (i) payment of twice the amount of the market value of the damaged property, (ii) one lakh rupees for causing hurt to healthcare service personnel, and (iii) five lakh rupees for causing grievous hurt to healthcare service personnel.  In case of non-payment of compensation, the amount may be recovered under the Revenue Recovery Act, 1890.  The Act provides for recovering certain public arrears by attaching the property of an individual. 

How will these cases of violence be investigated?

All offences under the draft Bill will be cognizable (i.e., a police officer can arrest without a warrant) and non-bailable.  An aggrieved healthcare service professional can write a request to the person-in-charge of the clinical establishment to inform the police of an offence committed under the draft Bill.  Further, any case registered under this Bill will be investigated by a police officer not below the rank of Deputy Superintendent of Police.

This Bill is currently in the draft stage and has been released for comments by stakeholders and experts in the field.  The draft will be revised to incorporate such suggestions.  Note that, comments can be emailed to the Ministry of Health and Family Welfare at us-ms-mohfwnic.in by the end of September.

We need your ideas and inputs.  Ideas on how we can inform many more people who are interested in policy about what they can access on the PRS website. The mission of PRS is to strengthen the legislative process by making it better informed, more transparent and participatory. The statement has three important components: (a) Better informed: This implies that legislators and citizens need to be better informed about the implications of legislation.  For us in PRS, this implies producing easy-to-understand non-partisan analysis that can be made available to MPs and citizens.  This also includes our continual efforts to personally brief MPs and political parties on the details and implications of each Bill. (b) Transparent: We mean that all proceedings of Parliament and the work of MPs in Parliament should be easily accessible to citizens.  In an operational sense, this includes the effort we put into creating the Bill Track section on our website where every Bill that is pending in Parliament can be accessed, and the current status of the Bill can be tracked.  It also includes the MP Track section in which we have up-to-date information about the engagement levels of MPs in Parliament.  We also have a twitter page www.twitter.com/prslegislative and a Facebook presence. (c) Participatory: Which simply means that once citizens know the information, and would like to articulate a point of view, they should reach out to policy makers and get their point of view across to them.  To promote this, we have had a number of workshops with NGOs and have produced a primer on "Engaging with Policy Makers". These are just some examples of what we are doing in each of these three areas.  Our website has much more information. But we are increasingly of the view that we need to reach out many more people who are interested in policy -- even if it is sector specific.  We would be grateful for any ideas that you might have, which you can post as responses to this post. If you also have specific ideas on what you like on our website and what can be better, do let us know.  Thanks, in advance.