In an embarrassment for the State Government, the ruling BJP legislators, adding voice to the Opposition members, forced the Government to keep a Bill on tenterhook.
This happened on Friday when BJP members opposed several of the provisions of the Medical Protection Bill, 2017 prompting the Speaker to refer it to the Assembly select committee for reconsideration.
Regardless of the Government putting its best foot forward and fielding senior ministers, including Health and Family Welfare Minister Ramchandra Chandravansi and Parliamentary Affairs Minister Saryu Roy, Speaker Dinesh Oraon ruled that the Bill be sent to the Select Committee for a relook. The decision is set to delay the medical protection provisions from coming into force at least till the Winter Session.
Members of the BJP mainly Radha Krishna Kishore, who happens to be party’s chief whip, along with Shiv Shankar Oraon, Hare Krishna Singh, Dhullu Mahato, Manish Jaiswal, Navin Jaiswal and few others stood firmly against some clauses holding “leader” of the group responsible for inciting violence against any doctor or ransacking a medical premise.
“What would a public representative do when incident of medical negligence comesIJ The Bill does not have a provision for fixing responsibility of the doctors in the case of negligence. Also, there are enough provisions under the IPC to book those creating troubles and the Bill is not needed as such. The Bill should either be recalled or sent to the Select Committee,” said Kishore.
When the Health Minister tried to defend the legislation saying often the incidents of violence against doctors are reported in the State which is also a reason why good professionals avoid coming to Jharkhand, he entered into a heated spat with Kishore.
“You are trying to mislead the House,” intervened Kishore in the middle of the Minister who got irked enough to say that the member often does that to him and that he was not the only knowledgeable person in this House! To drive home his point, Chandravansi referred to 18 other states that had already applied such acts.
However Dr Jeetu Charan Ram, another BJP member and a doctor by profession, defended the provisions, saying that it would ultimately protect patients. “The Bill has a provision for the doctor making the disease, treatments and cost of the treatments known to the family members of the patients. Often doctors tend to refer patients out of fear. Also, attending patents in emergency would be necessary irrespective of police case status,” said the Kanke MlA.
When the logjam continued, Saryu Roy intervened defending the provisions being brought through the long pending Bill. “The Bill was introduced in 2013 as well and sent to the Select Committee. Recommendations of the Committee have been incorporated into this new legislation. It is not about a conflict between doctors and patients but build an atmosphere in the State for better medical treatment. Doctors are bound to follow their responsibilities fixed under the MCI directions,” said the Minister, counting on provisions for not holding any dead body in the want of dues and providing complete information about the diagnosis given.
Not seeing any headway the Speaker ruled in the end that since the last Assembly got dissolved and recommendations of the then Select Committee could come across the House, the Bill be sent to the select committee to report back within 30 days.