State Laws and Bharatiya Nyaya Sanhita (BNS), 2023, Sufficient
New Delhi: The National Task Force (NTF), constituted by the Supreme Court to address safety concerns of healthcare professionals, has recommended that a separate central law is not required for their protection. According to the NTF’s report, existing state laws and the Bharatiya Nyaya Sanhita, 2023 (BNS), adequately cover minor and serious offences against medical professionals.
“It has been observed that state laws have adequate provisions to address day-to-day minor offences, while serious offences can be addressed by BNS,” the report stated.
Existing Legal Frameworks
The NTF report highlighted that 24 states have already implemented laws addressing violence against healthcare professionals, with two additional states introducing bills. Most of these state laws define terms like “healthcare professional” and “medical professional” and prescribe penalties for related offences. For states without specific laws, the BNS, 2023, can be applied to address such cases.
Doctors’ Persistent Demand for a Central Law
Despite the NTF’s conclusions, doctors’ bodies like the Indian Medical Association (IMA) continue to advocate for a deterrent central law. The IMA argued that a uniform statute could offer consistent protection across the country and instill confidence in the medical community. They also suggested designating hospitals as “safe zones” to prevent violence.
Recommendations by the Task Force
- FIR Filing: FIRs, including zero FIRs, should be registered within six hours of reporting violence against medical professionals.
- Communication Improvement: The task force identified poor communication between healthcare professionals and patients’ families as a major cause of tension and violence.
- Consultation with Stakeholders: The report was prepared after collecting suggestions from 53 associations, 1,700 individuals/hospitals, and analyzing over 8,000 healthcare establishments.
The NTF was established on August 20, 2023, by a Supreme Court bench comprising then Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, following the RG Kar rape and murder case. Its objective was to evaluate and strengthen safety measures for healthcare professionals across the country.
