Violence Against Healthcare Workers: Need for a Comprehensive Legislation

Abstract

The COVID-19 pandemic exposed the persistent vulnerability of healthcare workers to violence, harassment, and institutional neglect in India. Despite temporary protections introduced through the Epidemic Diseases (Amendment) Ordinance, 2020 and the invocation of the National Security Act, 1980, the legal response remains fragmented and inadequate for long-term safeguarding of healthcare professionals. Judicial interventions, notably in Jerryl Banait v. Union of India, highlighted the constitutional obligation of the State to ensure security and dignity for medical personnel during public health crises. However, reliance on general penal provisions under the Indian Penal Code, 1860 fails to recognize violence against healthcare workers as a distinct category of offence requiring specialized treatment, graded punishments, and structured compensation mechanisms.
The proposed “Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019” sought to fill this legislative vacuum but was not enacted, leaving systemic deficiencies unaddressed. This paper critically evaluates the existing statutory framework, judicial responses, and enforcement gaps, emphasizing the need for a comprehensive central legislation applicable beyond epidemic situations. It argues for clearly defined offences, proportionate penalties, mandatory FIR registration, institutional accountability, and a dynamic compensation model to restore confidence among healthcare providers. Additionally, the constitutional challenge posed by public health being a State subject is examined, suggesting recourse to national interest provisions for uniform protection. A robust and enforceable legal framework is essential to ensure deterrence, accountability, and respect for the invaluable services rendered by healthcare professionals.