Examining the efficiency of the legislations enacted for the protection of medicare professionals in India, the researchers provide recommendations to remedy the deficiencies.
Authors
Sakshat Bansal, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Gayatri Puthran, Student, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Following the COVID-19 outbreak, when the recovery of the nation is contingent on doctors and healthcare personnel risking their lives every day, we must examine whether there is an equitable quid pro quo in terms of receiving service and providing protection.
The causes of the antagonism between patients and doctors leading to violence against medical professionals are highlighted, and the efficiency of the legislations enacted for the protection of medicare professionals in India is examined.
A sincere endeavour has been made to seek answers to some questions in this regard. (i) Why is there such a high rate of violence against doctors in India and worldwide? (ii) Is the Protection of Medicare Service Act a potent legislation, and if not, what are the factors that inhibit its implementation? (iii) Does the recent Consumer Protection Act, 2019 tilt the balance of favour against medical personnel and how? (iv) Do cases of complaints against doctors on the ground of negligence fall within the exception to the general rule of lodging a first information report (FIR) without doing a preliminary enquiry? (v) Is higher punishment for violence against doctors in itself an effective deterrent? and (vi) Finally, should apology laws and better security systems (like CCTV) be implemented?
The research methodology used for the study is both doctrinal and non-doctrinal: the researchers have approached news articles, statistics, legislations, case laws and also investigate the problems at the grassroots by interacting with the doctors and medicare personnel.
They have used the public scrutiny methodology to highlight the manifest injustices and the operationalisation issues in the legal framework for the protection of medicare professionals, with a view to suggest the viable solutions.
Finally, recommendations to remedy the deficiencies are provided.
Published in: Economic & Political Weekly
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