New Delhi: The govt on Friday told Parliament on Friday that a separate central legislation to deal with offences against healthcare professionals is not required as several states already have laws to address violence against healthcare workers, while serious offences are adequately covered under the Bharatiya Nyaya Sanhita (BNS).
In a written reply to a question in the Lok Sabha, minister of state for health Anupriya Patel said according to constitutional provisions, “health” and “law and order” are state subjects. “Therefore, it is the primary responsibility of the concerned state or Union Territory to take note of events and eventualities for taking appropriate action to prevent violence against healthcare professionals,” Patel said.
It needs to be dealt with suitably by the states under the provisions of the BNS and Bharatiya Nagarik Suraksha Sanhita (BNSS), so that medical professionals discharge their professional pursuits without the fear of violence.
Many states have already enacted laws to address violence against healthcare professionals, Patel highlighted. Most of these state laws cover minor offences and prescribe punishment for those, while the major offences and heinous crimes are adequately covered under the BNS, the minister added. “As the state laws have adequate provisions to address day-to-day minor offences and serious offences can be addressed by BNS, 2023, a separate central law to deal with offences against healthcare professionals is not required,” Patel said.
However, the ministry of health and family welfare (MoHFW) has issued an advisory to all central govt hospitals and institutes, All India institutes of medical sciences and medical colleges to ensure that an FIR is filed within six hours of an incident of violence on medical professionals, she added. All the states have also been advised by the MoHFW to take immediate measures for enhancing the security of medical professionals and providing a safe working environment to them, Patel said.