Ministry of health has sought feedback on the draft law that makes assaults in doctors punishable by 10-year jail, Rs 10 lakh fine
In a bid to bring an end to the repeated incidents of assaults on doctors on duty, Indian health ministry has drawn up a draft legislation that makes such assaults punishable by up to 10 years in prison and Rs 10 lakh fine.
“The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019” includes in its definition of clinical establishments, an ambulance or a mobile medical unit shall be deemed to be a clinical establishment if such vehicle is fitted with medical equipment and is used for providing healthcare service.
The offences will be cognisable and non-bailable and the convicted person would need to pay compensation to the tune of “an amount, twice the amount of fair market value of the damaged property
The draft legislation lays down: “Whoever commits violence or abets or incites commission of violence against any healthcare service personnel or abets or incites or causes damage or loss to any property of a clinical establishment, shall, upon conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.” For causing grievous hurt, both the jail term and the fine could double.
The draft act borrows heavily from what the Indian Medical Association had some years ago submitted to the ministry of health and what was circulated by the ministry to states in the wake of a spate of incidents in recent days, particularly a prolonged standoff between striking doctors and the government of West Bengal.
The offences will be cognisable and non-bailable and the convicted person would need to pay compensation to the tune of “an amount, twice the amount of fair market value of the damaged property or the loss caused, as may be determined by the court”.
The government has sought objections and suggestions from the public with regard to the draft legislation in the next 30 days.
