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New Delhi – The National Task Force (NTF), formed by the Supreme Court to address the safety of medical professionals following the RG Kar rape and murder case, has recommended that existing state laws and the Bharatiya Nyaya Sanhita (BNS) 2023 are sufficient to address violence against healthcare workers. The NTF’s report, submitted to the apex court, argues against the need for a separate central law for this purpose.
The report highlighted that 24 states already have legislation addressing violence against healthcare professionals, with two additional states having introduced bills. It noted that minor offences are adequately covered by these state laws, while serious crimes fall under the purview of the BNS.
“State laws provide adequate provisions for day-to-day minor offences, and serious offences can be effectively addressed through BNS. A separate central law is, therefore, not required,” the report stated, as cited by The Hindu.
Background and Recommendations
The NTF was established on August 20 by a Supreme Court bench comprising then-Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. The task force’s mandate included evaluating the necessity of new legal mechanisms and gathering input from stakeholders, including 53 associations, 1,700 individuals, and over 8,000 healthcare establishments.
The report emphasized the importance of immediate action in cases of violence, recommending the filing of first information reports (FIRs), including zero FIRs, within six hours of an incident. It also identified poor communication between healthcare providers and patients’ families as a significant cause of tensions leading to violence.
Persistent Calls for a Central Law
Despite the task force’s findings, doctors’ organizations, including the Indian Medical Association (IMA), continue to advocate for a central law to safeguard medical professionals and declare hospitals as safe zones.
In a statement to the task force, the IMA emphasized the need for a deterrent statute applicable nationwide. “The only preventive strategy that could be applied across the board and across all states is a deterrent central law in statute. We expect the task force to instil confidence in the demoralized doctor community,” the IMA wrote.
A Path Forward
For states without specific laws, the NTF advised leveraging the provisions of the BNS 2023 to protect medical professionals. The task force also proposed improved communication strategies and conflict management training to reduce misunderstandings and build trust between healthcare providers and patients’ families.
The Supreme Court is expected to deliberate on the recommendations, which may shape future policies addressing the safety of healthcare professionals across India.
