Six years after PIL, Maharashtra still awaits stronger law to protect doctors

11 July,2026 10:07 AM IST |  Mumbai  |  Vinod Kumar Menon

Bombay High Court sought stronger safeguards after data revealed only four convictions in 674 assault cases, but Maharashtra is yet to amend the law

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Six years after a public interest litigation sought stronger legal protection for doctors and healthcare workers facing violence, Maharashtra is yet to strengthen its law despite assurances to the Bombay High Court. Court proceedings revealed that only four convictions were secured in 674 registered assault cases between 2015 and 2020, prompting the court to call for tougher legislation. While states such as Kerala and Karnataka have since strengthened their laws, Maharashtra's proposed reforms remain pending.

Voice of the petitioners

Nitin Deshpande, Advocate

"Our petition points out the need for a stringent law and speedy conviction of those who attack doctors. If such attacks continue, the best talent may not be attracted to this noble profession. It could affect quality medical treatment, research and future advancements. If attacks continue, the best talent may avoid this profession, affecting healthcare and research."

He said healthcare workers must receive stronger legal protection even though they do not represent a traditional political vote bank.

Voice

Dr Rajeev Joshi,
‘The figures themselves showed that the existing law had failed to act as a deterrent. If the conviction rate remains so low, there is virtually no deterrence for those who assault doctors. Doctors can only provide the best possible treatment. Every death cannot automatically be attributed to medical negligence.'

Joshi sought:
. Stronger punishment for offenders
. Better enforcement of the law
. Faster investigation and trials
. Effective deterrence against assaults on healthcare workers

What police said

The police told the government that permanent security at every private hospital was not feasible because of manpower constraints.

Instead, they suggested:

. Security support through municipal corporations
. Paid protection through the Maharashtra State Security Corporation
. WhatsApp groups linking hospitals with local police
. Emergency response through Dial 100
. Preventive circulars issued in 2014, 2015, 2017 and 2021

Police response

State police report (May 24, 2021)
Cases registered (2016-April 2021)
636 offences involving attacks on healthcare professionals
178 cases under the Maharashtra healthcare protection law
12 cases under the Epidemic Diseases Act
16 cases under both laws
1381 accused arrested
504 charge sheets filed
Security during COVID-19
Deployment included:
248 police officers
2635 police constables
2463 home guards
1863 private security personnel

What court did

After examining the revised figures, the Bombay High Court observed that the existing 2010 Act required strengthening and directed the Maharashtra government to constitute a committee to examine possible amendments.

The committee included:
. Dr Rajeev Joshi
. Advocate Nitin Deshpande
Petitioner and advocate studied healthcare protection laws in 19 states and submitted to court adopting stronger provisions already in force elsewhere.

The petitioner and his advocate studied healthcare protection laws in 19 states and submitted to court adopting stronger provisions already in force elsewhere.

Why PIL was filed

Pune-based paediatrician Dr Rajeev Joshi filed the PIL, arguing that the Maharashtra Medicare Service Persons and Medicare Service Institutions Act, 2010 had failed to deter attacks on doctors.

Other states moved faster

Kerala
. Strengthened healthcare protection law after 2023 murder of Dr Vandana Das
. Ordinance introduced within a week and later converted into law

Karnataka
. Amended its healthcare protection legislation in 2024
. Changes followed recommendations of the Karnataka Law Commission
Dr Joshi said Karnataka introduced a provision removing the requirement for corroborative evidence from victims, making it one of the country's strongest healthcare protection laws.

The Karnataka Law Commission suggested adding "The court shall, while trying the offender under this Act, not insist for corroboration of evidence of the victim while holding the accused guilty of violence", which has made the Act the best in the country, said Dr Joshi.

Why reforms are needed

Doctors say they are often attacked after patient deaths despite providing appropriate treatment. They argue tougher punishment, quicker convictions and a presumption of offence are needed to deter violence. Presumption of offence is the strongest tool in any Act, concluded Dr Joshi.

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bombay high court Doctor maharashtra kerala karnataka mumbai mumbai news
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