MHA asks Health ministry to revisit provisions of draft bill on violence against doctors

Citing certain ambiguities and loopholes, ministries of home affairs and law and justice have asked Health Ministry to revisit some of provisions in draft legislation that seeks to check violence against medical professionals, officials said. Health Ministry intends to introduce in ongoing session of Parliament Health Services Personnel and Clinical Establishments (Prohibition of Violence and Dam to Property) Bill, 2019 that seeks to punish people who assault on-duty doctors and or healthcare professionals by imposing a jail term of up to 10 years.

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'All offences under this Act are cognizable and n-bailable'

ministry, during an inter-ministerial consultation, observed that while as a general rule, a n-bailable offence carries a term of imprisonment of three years or more, proposed bill mentions that "all offences under this Act are cognizable and n-bailable" but offence under section 5(1) carries minimum sentences of six months. " offence under section 5(1) of proposed bill should, refore, be a bailable offence," ministry said. In draft law, clause 5 which deals with offences and penalties states that whoever commits violence or abets or incites commission of violence against any healthcare service personnel or abets or incites or causes dam or loss to any property of a clinical establishment, shall, upon conviction, be punished with imprisonment for a term t be less than six months but which may extend to five years.

It also mentions a fine which will t be less than Rs 50,000 and may extend to Rs 5 lakh. Home Ministry furr pointed out that level of investigating officer for cases under proposed bill has been prescribed as t below rank of deputy superintendent of police (DSP). "This needs to be reconsidered as re are t many police officers of levels of DSP or above in a district," it suggested. Law Ministry in its observations suggested that as per section (5) of draft bill, different quantum of imprisonments ranging from 6 months to 10 years have been provided and such situation may create "ambiguity regarding court of appropriate jurisdiction for conducting trial of various offences as prescribed in section 5 of draft bill".

Law Ministry suggests suitable provisions

"It is thus suggested that a provision may be incorporated to make offences under bill/act triable by a designated court/special court," it said. Law Ministry observed that proposed bill does t have any provision prescribing a time limit for completing investigation and filing of chargesheet, and suggested that that suitable provisions for time-bound filing of chargesheet in 60 days may be incorporated in bill.

"In such situation, even after resignation of case re would be delays in filing of chargesheet which may frustrate very purpose of act," it said. In proposed section 9(1) (i), compensation for damd property has been based on fair market value which is ambiguous and likely to create confusion and debate, it said. ministry proposed that some procedure for definite/determined compensation may be prescribed. In an alternate, it may be left to court to determine compensation, it said.

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