Welcoming the recommendations made by the Select Committee of Jharkhand Vidhan Sabha which has suggested that rights of the patients undergoing treatment must also be protected, Indian Medical Association (IMA), Ranchi Chapter has sought for the immediate implementation of Medical Protection Act in the State.
The IMA Secretary said that how could the State Government hold it, if it has already been implemented in 18 of States all over the Country. “We have no objection over the recommendations of the Select Committee, as it is for the Government to decide on the tenure of punishment for the both parties, our primary concern is that it is implemented here in the State,” said Secretary of IMA, Ranchi Chapter Dr Amit Mohan. If it could be implemented in the 18 States, it should also be implemented here, he added.
“Being a part of a civil society, there must be some protection for everyone including medical doctors practicing the State,” said Mohan.
Giving relief to the common man, the Vidhan Sabha Select Committee has recommended decreasing the punishment for the person convicted under the law from 3 years to 18 months, action against doctors under the provisions of law, if found negligent during the treatment and immediate release of the dead body from the hospital if a patient dies while undergoing treatment.
“The act appears to save only the doctors and hospitals, while it does not say anything about the interest of the patients. Moreover, if there are provisions under the Indian Penal Code fur such crimes, there is no need for a separate act for the doctors only,” said one of the Select Committee member and Congress MlA Alamgir Alam. If one’s kin dies in the hospital due to the negligence of a doctor, he will definitely react in one way of the other, he added.
“If some kind of vandalism of violence is done, there are already provisions under the law to safeguard the rights of the doctors,” said Alam. The proposed law however, would deem violence against doctors and allied staff and vandalism on hospital or nursing home premises as a cognisable and non-bailable offence leading to imprisonment up to three years.
“Also, vandals may have to pay twice the cost of the damaged hospital property as penalty. From where a poor person, who has already spent all his savings in the treatment, will pay double the amount of the damage, which may not be done by him,” said the MlA. The accused will be given 30 days to pay the fine, failing which his property will be confiscated, he added.
Remarkably, the Medical Protection Bill which was tabled in Jharkhand Assembly, on August 12 had been referred back to the Select Committee after being opposed by the BJP MlA Radha Krishna Kishore, supported by the MlA’s from the Opposition parties and treasury benches calling it flawed and detrimental to the interest of common people.
Interestingly, the bill was also referred to the select committee in August 2014 when it was first introduced. In May, the cabinet had cleared the draft bill by claiming that the recommendations of the committee had been incorporated.
The Bill was supposed to be passed during this Winter Session, but it could since it was tabled in the House on the last day.