The Union Ministry of Health and Family Welfare has dumped a proposed draft legislation that sought a sentence of up to five-year-jail-term and a fine of up to ₹5 lakh for violence against healthcare workers and destruction of healthcare institutions.
This was revealed in reply to a query under the Right to Information (RTI) Act. K.V. Babu, Kannur-based ophthalmologist and RTI activist, had filed a plea with the Ministry on July 5 seeking the status of the draft legislation, the Healthcare Service Personnel & Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019.
He had also sought copies of all the comments received on it from the stakeholders, copies of all the communication between the Ministry of Health and the Ministry of Home Affairs, and file notings, if any. The reply given on July 20 was: “It is informed that it was decided not to pursue the draft legislation further.” Copy of file noting and letters could be obtained after payment of the requisite fee, the reply added.
“During a debate on an ordinance to amend the Epidemic Diseases Act, 1897, the then Health Minister Harsh Vardhan had said that there was a dramatic decline in the number of incidents of violence against health workers ever since the legislation was brought in. The ordinance had proposed to make incidents of violence on health workers treating COVID-19 patients a non-bailable offence. That means a strong law will have an impact,” Dr. Babu said.
That law pertained only to health workers involved in COVID-19 treatment. “From the RTI reply, however, it looks like the government is not keen on expanding the ambit of the legislation to all healthcare workers,” he pointed out.
The legislation was proposed to address the violence against healthcare workers and the damage to clinical establishments. Any case registered under the Act will have to be investigated by an officer not less than the rank of a Deputy Superintendent of Police.
The offence was proposed to be cognizable and non-bailable. The convicted person was also liable to pay as compensation twice the fair market value of the damaged property or the loss caused; ₹1 lakh for causing hurt to healthcare service personnel and ₹5 lakh for causing grievous hurt to healthcare personnel.
If the convicted person does not pay the compensation granted, the said sum shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890.
