Designate me a “Public Servant”
Respected Prime Minister Sh Narender Modiji
Violence against doctors has assumed epidemic proportions and unfortunately it is condoned and sometimes even instigated by public officials. Leave aside the demoralizing effect , physical hurt and economic loss to the doctors there is extreme danger to other patients admitted or being treated in the facility where such violence occurs. There have been cases of death having occurred while medical staff was involved in altercation with another patients relatives as happened at PGIMER recently.
There are 19 states in the country which have a Prevention of violence against Medicare persons and Medicare Institutions Acts notified. Unfortunately these Acts have remained on paper as despite daily incidents occurring in nearly every state nowhere has the law been used to prosecute miscreants in more than 1 % cases if at all. Police officials are not aware of these laws despite they being notified for upto 9 years in some states. IPC and Cr P C is what the police is trained in and what is followed by the rank and file.
The condonation of such violence stems from the justification apportioned to the death or deterioration in health of relative of the perpetrators of violence. However if any violence or assault which is committed due to a grievance is pardonable then our criminal courts would be empty. Any murder which is committed is committed due to a motive , a grievance or as a revenge for some perceived wrong. Then all these criminal acts which are provoked should be condoned at the outset. Police refuses to file cases against perpetrators of violence in clinics and nursing homes or threatens them with cross FIRs for criminal negligence in treatment.
How is it that a litigant who loses his case in court of law even if he perceives the judicial system to be biased, unfair and even corrupt, he never indulges in violence or assaults the judge or his advocate in court. It is the fear that prosecution for such action would be swift and harsh. Unfortunately the same does not apply to such violence in hospitals and clinics.
Doctors even private doctors are called upon to perform public service by becoming involved in various Government Programs. They fullfill duties of Government by providing healthcare to the masses at affordable costs and sometimes even free of cost in emergencies. Healthcare establishments are public places where anyone can walk in or can be brought by bystanders as per clinical establishment act and expect medical emergencies to be stabilized irrespective of whether any payment is made or promised or not. By virtue of being a noble profession it has been differentiated from being a trade by various authoritative court judgments. We request you to accord them the privilege of being designated “public servants” so that if assaulted on duty Section 332 and 333 of IPC can be invoked.
When I am dragged outside from my operation theatre my patient on the OT Table will also suffer. When I am assaulted, restrained , hurt while on duty other patients, my staff members and the public in general who depend on me are also put at risk. They are the “Public” and my service to them, whether paid or free still remains service and I their “service provider” or in other words a “Public Servant”.
I request you to designate all doctors even if they work in private sector hospitals or their own clinics as “Public servants” for purpose of Sections 332, 333 & 353 of Indian Penal Code. This will put a fear in minds of miscreants and hopefully make the police officials recognize this growing malady which may have disastrous consequences for the medical profession and the society.
Dr Neeraj Nagpal
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
1184, Sector 21 B Chandigarh
09316517176 , 9814013735
0172; 4633735, 2707935, 2706024, 5087794
For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh