Vandana Das Act: Shashi Tharoor Explains Bill For Healthcare Workers' Protection

The bill aims to make acts of violence against healthcare personnel a non-bailable offense.

Shashi Tharoor introduces private bill in the Lok Sabha for protection of healthcare workers.

(Photo: FIT)

(Through the Sugar Smart campaign, FIT has been telling stories of individuals and communities combating diabetes. Do you have a question for a diabetologist? Write to us at [e-mail], and get it answered by a doctor.)

On 4 August, Congress MP Shashi Tharoor, introduced a private bill in the Lok Sabha that aims to protect healthcare workers and medical institutions against violence.

He said — Dr Vandana Das the young doctor who was murdered by a patient at a government hospital in Kerala's Kollam district, earlier this year — inspired him to propose The Healthcare Personnel and Healthcare Institutions (Prohibition of Violence and Damage to Property) Bill, 2023.

Speaking to FIT, Tharoor added that if the bill is passed, he would like it to be called the Dr Vandana Das Act.

Why is this bill needed? What does it entail? Here's what he said.

What are some provisions in the bill?

Shashi Tharoor: The bill was introduced to make all acts of violence against healthcare personnel, including verbal abuse, a non-cognisable and non-bailable offense.

It widens the scope of the definition of healthcare personnel by including within its ambit, paramedical students and workers, administrative staff at hospitals and healthcare institutions, and ASHA workers.

The bill provides a definitive time frame for the completion of the investigation of cases registered under the Act and the sentencing of the accused.

It provides for the establishment of designated special courts in every district in order to complete trials in a time bound manner.

"The proposed bill will, therefore, check on such violence at the earliest to promote a safe work environment for doctors and all healthcare personnel and serve as a model for state laws."

Why do we need this bill?

Shashi Tharoor: While there is no central data on the number of assaults cases against healthcare workers or facilities, the Indian Medical Association estimates that 75 percent of all doctors face some form of physical abuse during their service, with cases of violence severely underreported.

"Currently, no national level law comprehensively and categorically addresses this issue."

While the Indian Penal Code and the Code of Criminal Procedure contain provisions to tackle cases of violence, they are not tailored to deal with violence against healthcare workers who face unique challenges and risks.

Wasn't there another bill introduced previously to ensures this protection to healthcare workers? Why was that withdrawn?

Shashi Tharoor: In 2019, the government had introduced a draft bill titled Health Care Service Personnel and Physical Establishments Prohibition of Violence and Damage to Property Bill, which would have made such violence a non-bailable and non-cognisable offense, with a jail term of up to five years.

But, this was withdrawn before it could be considered by Parliament.

When I wrote to the Health Minister to protest, the reason he gave me was that the government felt other professions like charter accountants and bankers would demand similar bills.

"I don't think the threats they face in any way comparable to what doctors and medical personnel face or healthcare professionals are neither adequately appreciated, not protected."

It's imperative to realize that it's not just a medical fraternity issue. Violence against healthcare workers weakens the health system and affects the quality of services provided to patients.

"If it is passed, I hope and urge that it be called the Dr Vandana Das Act in memory of the great sacrifice of this idealistic 25-year-old doctor."