Protecting medical professionals against violence

The Karnataka High Court has ordered the State government to place on record the steps taken for protecting medical practitioners from acts of violence committed by dissatisfied relatives of patients.

Which law protects medical professionals from violence?

In 2020, the government amended the Epidemic Diseases Act of 1897 to include protections for healthcare service workers involved in fighting against epidemic diseases like Covid-19.

Who are healthcare service workers?

Healthcare service workers are people who may come in direct contact with affected patients and risk being impacted by an epidemic disease while carrying out duties in relation to epidemic related responsibilities. This includes: 

• any public and clinical healthcare provider like a doctor, nurse, paramedical worker and community health worker; 
• any other person who has the power to take measures to prevent the outbreak or spread of the disease; and
• any person declared as a healthcare service worker by the State government through a notification in the Official Gazette.

How does the law protect healthcare service workers from violence?

The Act says that no person should: 

(i) Commit or help someone commit an act of violence against healthcare service workers. Acts of violence include: 

• Harassment impacting the living or working conditions of a healthcare service worker and preventing them from discharging their duties;
• Harm, injury, hurt, intimidation or danger to the life of a healthcare service worker, either within the premises of a clinical establishment or otherwise; 
• Obstruction or hindrance to a healthcare service worker in discharging their duties, either within the premises of a clinical establishment or otherwise; 
• Loss or damage to any property or documents in the custody of, or in relation to a healthcare service worker. 

The punishment for this is jail time from three months to five years, and a fine of Rupees fifty thousand to two lakh.

(ii) Cause grievous hurt to healthcare service workers through violence. Grievous hurt means voluntarily causing:

• Emasculation. 
• Permanent deprivation of eyesight. 
• Permanent deprivation of hearing. 
• Deprivation of any member/joint.
• Permanent impairing of the powers of any member or joint. 
• Permanent disfiguration of the head or face. 
• Fracture or dislocation of a bone or tooth. 
• Any hurt which endangers life or results in severe bodily pain for twenty days.

The punishment for this is jail time from six months to seven years, and a fine of Rupees one lakh to five lakh. 

These offenses are cognizable and non-bailable. Further, a person who is held guilty of such offences should also pay compensation to the healthcare service worker whom they have hurt. The amount of compensation will be decided by the court.