India amends law to protect healthcare workers from assaults and harassment

In the backdrop of a number of attacks on healthcare workers amidst the Covid-19 pandemic across India, the Indian cabinet today approved an ordinance amending an existing law to provide for stringent punishment -- including up to seven years imprisonment and Rs five lakh fine -- for perpetrators of such assaults.

The ordinance came hours after the Indian Medical Association (IMA), the apex body of pan-India senior doctors, called off its proposed protests scheduled today and tomorrow following a meeting with Home Minister Amit Shah through video conferencing today morning.

The IMA has been pressing for a law to protect healthcare workers from rising attacks at a time when they are battling COVID-19.

Under the ordinance that has been sent to President Ram Nath Kovind for his formal nod, the attacks on doctors, nurses and other health workers will be made cognisable and non-bailable offences, Indian Information and Broadcasting Minister Prakash Javadekar told reporters here after the cabinet meeting.

The punishment for the attacks on healthcare workers will carry an imprisonment ranging from six months to seven years, Javadekar said.

He said the ordinance amended the Epidemic Diseases Act of 1897 to now ensure that any attack on doctors or health workers will also be liable to a penalty of anywhere between Rs 1 lakh and Rs 5 lakh.

"While people across the nation salute the health workers and those in the field helping battle Covid-19, there are a few who are attacking them, thinking they are spreading the virus. There will be absolutely no tolerance to attacks on doctors and healthcare professionals," Javadekar said after the cabinet meeting.

"This law will protect doctors, nurses, health workers, attendants and also Aasha workers. Healthcare professionals will also be extended insurance coverage," he said.

The ordinance has been sent to the President. Once approved, it will take effect immediately, Javadekar said.

Several incidents of violence against medical professionals have been reported from different parts of the country during the coronavirus outbreak.

In Chennai, an orthopedic surgeon had to bury his associate, a neurosurgeon who died of Covid-19, in the middle of the night using his bare hands and a shovel at a crematorium with the help of just two hospital ward boys – the professional undertakers fled when a mob, protesting the interment, attacked them.

The windscreens of the ambulance in which the body of the neurosurgeon was brought to the crematorium on Sunday night, were smashed.

According to an official statement, Shah assured that the dignity and security of health care workers was non-negotiable and no stone would be left unturned to protect them.

"In view of the assurances given from the highest authorities of the government, the IMA calls for the protest on April 22 and the 'Black Day' on April 23 stand cancelled.

The IMA had also warned that it would observe 'Black Day' if no action was taken by the government, wherein doctors around the country will work with black badges on April 23.

There have also been reports that landlords or neighbours in some cases protested the presence of health workers over claims that they may be carriers of the infection on account of their work.

Javadekar said the amended law will also be invoked if health care personnel face harassment from their landlords or neighbours.

An offence under the amended law will be cognisable and non-bailable, he said, and will carry sentence of anywhere between three months and five years, besides fine between Rs 50,000 and two lakhs.

However, in cases where injuries caused are serious, the punishment will range from six months to seven years, and carry fine between Rs 1-5 lakhs, Javadekar stated.