MLAG Draft model Prevention of violence Act being put up for suggestions
HOPE CLINICS
THE MEDICARE SERVICE PERSONS AND MEDICARE SERVICE INSTITUTIONS (PREVENTION OF VIOLENCE AND DAMAGE TO PROPERTY) BILL 2024
An Act to prohibit violence against Medicare Service Persons and Damage to Property in Medicare Service Institutions and for matters connected there-with and incidental thereto. Despite local State laws on this issue there appears no effect on the increasing number of incidents of such violence. These acts of violence have caused injury and even death of Medicare Service Persons and damage to property of Medicare Service Institutions in the country creating unrest in Medicare Professionals resulting in hindrance of such service in the country; And whereas when violence occurs in medicare institution other patients and public who have approached the institution seeking healthcare also bear the brunt and are deprived of their right to standard healthcare, it has become necessary to prohibit such violent activities by making a special Act to deal with these offences as cognizable and non- bail able;
Now, therefore, be it enacted by the Parliament in the seventy sixth Year of the Republic of India, as follows:-
1. Short title, extent and commencement.-
(1) This Act may be called The Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2024.
(2) It extends to all the states and Union Territories of the country
(3) It shall be deemed to have come into force on and from …….
2. Definitions.-In this Act, unless the context otherwise requires,-
(1) ‘Medicare Service Institutions’ means all institutions providing Medicare to people which are under the control of State or Central Government or Local Bodies etc., including any private hospital clinics and diagnostic centers having facilities for diagnosis and treatment of the sick and used for their reception or stay; any private maternity home where women are usually received and accommodated for the purpose of confinement and ante-natal and post-natal care in connection with child birth or anything connected therewith; and any private nursing home used or intended to be used for the reception and accommodation of persons suffering any sickness, injury or infirmity whether of body or mind, and providing of treatment or nursing or both of them and includes a maternity home or convalescent home, etc. The definition shall also include area upto 200 meters from the boundary of the institution as well as residential hostels and premises
(2) The term ‘Medicare Service Persons' in relation to a Medicare Service Institution, shall include,-
(a) Registered Medical Practitioners, working in Medicare Institutions
(b) Registered nurses, physiotherapists, dieticians, OT technicians;
(c) Medical Students both graduate and Post Graduate;
(d) Nursing Students; those having provisional
(e) Para Medical and other auxiliary workers employed and working in Medicare Service Institutions.
(3) ‘Offender’ means any person who either by himself or as a member or as a leader of a group of persons or organization commits or attempts to commit or abets or incites the commission of violence under this Act.
(4) ‘Violence’ means activities or use of force for causing any harm, injury or endangering the life or any threat, intimidation, abusive behavior obstruction or hindrance to any medicare service person in discharge of duty in the Medicare Service Institution or patient or damage or forcibly taking away property in the Medicare Service Institution.
3. Since right to health is a fundamental right and it is the duty of the State to provide it, all healthcare / medicare persons whether in Government or in private sector whether in hospitals, clinics or diagnostic centers are designated as public officers under this Act providing their services to fulfill the duty of the state towards its citizens. All offences against such medicare persons would be treated as offences against public officers on duty.
4. Prohibition of violence- Any act of violence against Medicare Service Persons or damage to property in a Medicare Service Institution is hereby prohibited.
5. Punishment for abetment.—Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence.
6. Punishment for death or harm to other innocent patients due to violence conducted by accused in medicare institution against medicare persons shall be punished with imprisonment of either provided for the offense under Bhartiya Nyay Sanhita in addition to punishment under this Act. All punishments / jail terms (a) for violence against medicare persons (b) Violence and damage to property of medicare institution (c) Injury / death caused to innocent bystanders , shall not to run concurrently.
7. Punishment for failure to lodge complaint; Complaint of such violence will be lodged with the police by the administrative head or a person previously designated for the purpose within a period of 4 hours from the time they have knowledge of the said act. Failure to do so will be punished by a jail term of either description for upto 6 months with fine
8. Punishment for failure to record a case ;Police official who does not register a FIR on receiving such a complaint will himself be punished with jail term of upto six months with fine upto Rs 50,000
9. Recording of statement of victim of violence.— The statement of the victim shall be recorded at his / her residence or at the healthcare / medicare establishment and will not be made to confront the accused.
10. Destruction of CCTV footage and other evidence of such violence will be punished with jail for upto 2 years plus fine upto Rs 50,000.
11. Presumption of culpable mental state.—
(1) In prosecution for offence under this Act which requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state but it shall be for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
(2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
Explanation.—In this section, “culpable mental state” includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.
12. Penalty- Any offender, who commits any act in contravention sanction 3, shall be punished with imprisonment for a minimum period of three years and maximum period of 7 years and with fine, which may extend to five lacs.
13. Cognizance of offence- Any offence committed under section 3, shall be cognizable and non bailable.
14. Recovery of loss for the damage caused to the property-
(1) In addition to the punishment specified in section 4, the offender shall be liable to a penalty of five times the amount of purchase price of medical equipments / furniture/ fixtures damaged and loss caused to the property as determined by the bills of repair / replacement submitted to the Court trying the offender.
(2) If the offender has not paid the penal amount under subsection (1), the said sum shall be recovered under the provisions of the Land Revenue Act as if it were an arrear of land revenue due from him.
15. Training medicare institutions where a major incident of violence occurs against trainee doctors resulting in grievous injury or death will loose their approval to run post graduate courses and will need to be re assessed by competent authority with special attention to duty hours of residents, working conditions of junior doctors and compliance with national guidelines regarding steps taken to prevent violence before again being approved to conduct the PG courses.
16. Medicare institutions providing healthcare to patients under Government schemes like CGHS, ECHS, PM Jay to lose accreditation with these agencies in case an incident of of violence occurs against trainee doctors resulting in grievous injury or death. They will then need to be reassessed by these agencies with respect to steps taken to prevent future incidents of violence before being approved again to treat patients under the Government schemes.
17. Act not in derogation of any other law- The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, for the time being in force.