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

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 Maharashtrarsquos proposed reforms remain pendingVoice of the petitionersNitin Deshpande AdvocateOur 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 researchHe said healthcare workers must receive stronger legal protection even though they do not represent a traditional political vote bankVoiceDr Rajeev JoshilsquoThe 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 negligencersquoJoshi sought Stronger punishment for offenders Better enforcement of the law Faster investigation and trials Effective deterrence against assaults on healthcare workersWhat police saidThe police told the government that permanent security at every private hospital was not feasible because of manpower constraintsInstead 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 2021Police responseState police report May 24 2021Cases registered 2016April 2021636 offences involving attacks on healthcare professionals178 cases under the Maharashtra healthcare protection law12 cases under the Epidemic Diseases Act16 cases under both laws1381 accused arrested504 charge sheets filedSecurity during COVID19Deployment included248 police officers2635 police constables2463 home guards1863 private security personnelWhat court didAfter 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 amendmentsThe committee included Dr Rajeev Joshi Advocate Nitin DeshpandePetitioner and advocate studied healthcare protection laws in 19 states and submitted to court adopting stronger provisions already in force elsewhereThe petitioner and his advocate studied healthcare protection laws in 19 states and submitted to court adopting stronger provisions already in force elsewhereWhy PIL was filedPunebased 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 doctorsOther states moved fasterKerala Strengthened healthcare protection law after 2023 murder of Dr Vandana Das Ordinance introduced within a week and later converted into lawKarnataka Amended its healthcare protection legislation in 2024 Changes followed recommendations of the Karnataka Law CommissionDr Joshi said Karnataka introduced a provision removing the requirement for corroborative evidence from victims making it one of the countryrsquos strongest healthcare protection lawsThe 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 JoshiWhy reforms are neededDoctors 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