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.

The nominations for all phases of the General Election have been submitted.  We examine highlights from data on candidates who are participating in the ongoing elections.  There are 8,039 candidates contesting for 542 Parliamentary constituency seats.
 

On average, 14.8 candidates are contesting per constituency across the country.  Among all the states, Telangana has the highest average number of candidates contesting.  This is primarily due to 185 contestants from Nizamabad.  Excluding Nizamabad, the state’s average number of contestants would be 16.1.  

 

The Election Commission of India recognises parties as either national or state parties based on their performance in previous elections.  Delhi and Haryana have a high number of candidates contesting from parties that have not been recognised as either national or state parties.

After Telangana, Tamil Nadu has the highest average of independent candidates contesting in this election.  On average, of the candidates in each constituency in Tamil Nadu, two-thirds are contesting as independent candidates.  

 

After Nizamabad, the second highest number of candidate representation is seen in Belgaum, Karnataka.  The five constituencies that have the highest candidate representation are from the southern states of Telangana, Karnataka, and Tamil Nadu.    

 

The Bharatiya Janata Party and Congress are contesting 435 and 420 seats respectively.  In 373 seats they are in competition with each other.  BSP has the third highest number of candidates contesting in this election.

The seven national parties together fielded 2.69 candidates per constituency.  Among the largest five states, West Bengal has the highest representation of candidates from national parties, at 4.6.  In that state, candidates from five national parties are contesting.

Recognised state parties, together, fielded 1.53 candidates per constituency.  Bihar (6 state parties) and Tamil Nadu (8 state parties) see a high representation of candidates from state parties, at 1.2 and 1.3 respectively.

Largest states are ones with more than 30 Parliamentary constituency seats: Uttar Pradesh (80), Maharashtra (48), West Bengal (42), Bihar (40), and Tamil Nadu (39).  These states together have 249 seats i.e., 46% of Lok Sabha.

For these five states, the number of seats being contested by national and state parties is shown in the figures below.  

This analysis is based on the candidate list available on the Election Commission website (eci.gov.in) on May 8, 2019.