RS passes Epidemic Diseases Amendment Bill to prevent offences against healthcare workers

Amid the ongoing coronavirus pandemic situation in the country, the Rajya Sabha on Saturday, September 19 passed the 'Epidemic Diseases Amendment Bill, 2020'. Union Health Minister Dr Harsh Vardhan said that the bill was required to prevent offences against healthcare professionals while addressing the Upper House. The bill provides up to five years in jail for those attacking doctors and healthcare workers fighting the COVID-19 outbreak or any situation similar to the current pandemic.

"Many healthcare workers including doctors, paramedics were insulted in some form or the other, due to stigma attached to COVID-19. Centre government acted on this situation found that there was a need for a law, a prohibitory mechanism against such incidents," Dr Harsh Vardhan said.

The union minister further went on say that the Centre had passed the Ordinance to make hurt of any nature or insulting the medical professionals a cognizable offence.

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'Epidemic Diseases Amendment Bill, 2020'

The Union Cabinet had promulgated The Epidemic Diseases (Amendment) Ordinance 2020 to amend the Epidemic Diseases Act, 1897, to protect healthcare service personnel and property, including their living/working premises against violence during epidemics.

The Bill intends to ensure that during any situation akin to the current pandemic, there is zero-tolerance to any form of violence against healthcare service personnel and damage to property.

The healthcare service personnel include public and clinical healthcare service providers such as doctors, nurses, community health workers and paramedical workers; any other persons empowered under the act to take measures to prevent the outbreak of the disease or spread thereof; and any persons declared as such by the state government, by notification in the official gazette.

The bill proposes that offences will be investigated by an officer of the rank of inspector within a period of 30 days, and the trial has to be completed in one year unless extended by the court for reasons to be recorded in writing. Furthermore, as per the provisions, the commission or abetment of such acts of violence will be punishable with imprisonment for a term of three months to five years, and with a fine of Rs 50,000 to Rs 2,00,000. 

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TMC raises question over the Bill

Meanwhile, Trinamool Congress (TMC) MP Derek O'Brien termed the Bill an attempt to encroach states' constitutionally assigned functioning. While speaking at the Rajya Sabha as the discussions on the bill were underway, the TMC MP said that Bengal already had laws to prevent violence against doctors and healthcare workers.

"You thought of healthcare workers now? Bengal has Medicare Service Prevention of Violence and Damage to Property Act 2009. What happens to it? Bill is an attempt to encroach states' constitutionally assigned functioning," O'Brien said.

The TMC leader said that his state had passed the bill for healthcare workers' safety back in 2009. "You cannot cross the Constitutional bar, you do your work, and let the Chief Ministers do their work. There are sinister provisions also present in this bill," he further added.

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(With inputs from agencies)