Protecting Our Healers: A Call for a Unified Approach to Healthcare Worker Safety in India
Karthikeyan M
Senior Panel Counsel | Navigating Legal Complexities at Madras High Court | Author & Educationist
The recent tragic incident at RG Kar Medical College has reignited a critical debate about the protection and well-being of our healthcare workers. Despite their painstaking efforts, particularly during the COVID-19 pandemic, India's healthcare personnel continue to face assault and intimidation. This recurrent issue serves as a clear reminder that, while we value our healthcare professionals' dedication, we must also safeguard their safety and well-being.
A Complex Legal Landscape
In India, both public health and law and order fall under the State List as per the Constitution. Because of this separation of powers, there is no overarching federal statute to safeguard healthcare workers across the country. Instead, states are left to create their own laws, resulting in a patchwork of restrictions with varied levels of efficacy. This decentralized approach has proven insufficient to combat the widespread and rising violence against healthcare workers.
A System Under Strain
India's healthcare system is under huge strain. With an acute shortages of medical personnel, junior and resident doctors are frequently overloaded, performing rigorous 24- to 48-hour hours with no rest or amenities. This not only reduces the level of care they can provide, but it also exposes them to both physical and emotional abuse. The enormous disparity between the demand for healthcare and the amount of specialists available to supply that demand puts further strain on these workers.
Learning from Global Practices
Globally, countries have implemented a variety of steps to protect their healthcare personnel. The United States, for example, has stringent rules to safeguard healthcare staff from violence. These regulations are supported by robust enforcement procedures and act as a deterrence to potential aggressors. In India, however, the lack of a central law particularly protecting healthcare professionals exposes them to danger.
Exploring Potential Solutions
Given the national scope of this issue, it is crucial to develop a solution that can be uniformly applied across India. One potential approach is the creation of a Model Central Protection Act, akin to the Model Shops and Establishment Act. This act would provide a framework that states could either adopt as is or modify according to their specific needs.
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The Indian Medical Association has recommended several measures that could be incorporated into such an act. These include hospital security protocols on par with those at airports, declaring healthcare centers as safe zones, and mandating security measures such as CCTV surveillance and the deployment of security personnel. These measures are both feasible and necessary to ensure the safety of healthcare workers.
In addition to physical protection, there is also a need to address the emotional and psychological well-being of healthcare workers.?
Fast Track Special Courts (FTSC) could be established across the country to provide speedy justice in cases of violence against healthcare professionals. This would not only ensure that justice is served but also act as a deterrent against future incidents.
The Central Solution: A Model Central Protection Act
While exploring various potential solutions is essential, the implementation of a Model Central Protection Act stands out as the most comprehensive approach. Such an act would establish a uniform standard of protection across the country, ensuring that all healthcare workers, regardless of where they work, are afforded the same level of safety and security.
The act could also include provisions for increasing medical seats and improving healthcare infrastructure. By addressing the root causes of the strain on our healthcare system, we can reduce the burden on healthcare workers and create a safer, more supportive environment for them to work in.
Conclusion
The safety and well-being of healthcare workers are not just issues for individual states to address; they are matters of national importance. By adopting a Model Central Protection Act, India can take a decisive step toward ensuring that those who dedicate their lives to caring for others are themselves cared for and protected.