I will not go into any of the details of the Kolkata rape and murder. Social media has had a field day with the sordid details; even taking liberties with facts in a ‘me too’ frenzy. “The pelvis was fractured” one post screamed. As a trained trauma surgeon, I found this particularly shocking. The pelvis of a 30-year-old would need a considerable amount of force to fracture; as in a fall from a height or a severe road traffic accident. Then there was the ‘informed’ debate on whether it was 151mgms; or ml. The postmortem report mercifully appeared in public domain, and put an end to all such insensitive speculation.
Two distinct issues arise from this case. First, the question of safety of doctors and the increasing assaults and murders whilst at work. The second is the broader issue of increasing sexual assaults on women and the impunity associated with these assaults.
One of the demands of the protestors was a Central law dedicated to the protection of doctors. The SC directed that a National Task Force (NTF) be formed to look into increasing the safety of doctors at work, and make appropriate recommendations. Having already rejected a petition for framing a law, the NTFs brief therefore, was only to make suggestions for enhancing safety. Starting with the Home Minister down, various functionaries have stated that the government has no intention ‘to enact a separate legislation for doctors and healthcare workers’ as there was no need for it. The draft of the Healthcare Services Prohibition of Violence and Damage to Property Bill, 2019 was therefore shelved. J P Nadda informed the Lok Sabha that the newly-enacted BNS and BNSS have adequate provisions to protect medical professionals against violence. He was responding to a question from Congress MP Shashi Tharoor about the issue and rejected his private members bill ‘The Vandana Das Memorial Bill’ after the doctor who had been stabbed in Kerala. The reply was: “We would have to do the same for other professions.” There are strong arguments against such ridiculous reasoning. Central Acts have earlier also been framed when it was found that the IPC was unable to curb specific crimes examples are POSCO, PC&PNDT, THOA, and dowry deaths to name a few. Secondly, how many lawyers or CAs have been assaulted and murdered in the manner that healthcare workers have. But most importantly, a doctor assaulted is unable to attend to his duties; his protesting colleagues may also refuse to do so. These doctors could be in charge of an ICU with critically ill patients.
Healthcare is a fundamental right; and patients would be denied access to this right because the doctor who would administer that right is unavailable because of an assault or even murdered. Violence against doctors therefore differs from routine violence and crime because it deprives those who are not involved, innocent bystanders and other patients from receiving appropriate healthcare which is their fundamental right. Who then, would be responsible for the resultant neglect or even death?
Curiously, an ordinance namely The Epidemic Diseases (Amendment) Ordinance, 2020 was promulgated on April 22, 2020 during the Covid-19 pandemic. Acts of violence against healthcare personnel were considered cognizable and non-bailable; punishable with imprisonment for a term of three months to seven years, and with a fine of Rs 50,000 to Rs 5,00,000. This lapsed when the pandemic ended. If such a law was felt necessary during the pandemic, why is it considered unnecessary after the pandemic? Because circumstances that required such amendment continue; and therefore, the law should continue to be in force. Twenty-six States have the Prevention of Violence Against Healthcare Persons Act in different forms. But police personnel rely on the IPC, BNS etc, as Central laws supersede State laws. I have personally experienced such scepticism when Goa passed such a law and as part of an IMA effort, I addressed a meeting of senior police officers to explain the implications of such a law.
Then there is the broader problem of sexual assaults and harassment. Barely days after the Kolkata incident, two toddlers were assaulted in Maharashtra; followed by incidents in Assam, Uttarakhand and Bihar. The Aruna Shanbaug story is still fresh in many minds, as well as Delhi 2012, and Hathras 2020. In fact, there are nearly 90 reported rape cases each day. The Justice Hema Committee constituted in 2017, investigated the issues faced by women working in the Malayalam film industry. It submitted its report in 2019, but was made public only in July 2024. The findings shook the industry to its core.
The basic reason appears to be the impunity implied in sexual assaults specially if there is a political angle. The perpetrators in the Bilkis Bano case were released prematurely and greeted like heroes. Ram Rahim Singh sentenced to 20 years in jail for rape and murder, has so far spent a total of more than 8 months free either on parole or furlough. Each time, the stint out of jail coincides with an upcoming election. The wrestlers had a harrowing time seeking justice against Brij Bhushan Singh’s alleged assaults. His vote winnability was considered more important than holding him to account. A Calcutta HC order of October 18, 2023 advising ‘adolescent girls to control sexual urges’ was impugned by the SC. because it was ‘considered too shocking’. How 4-year-olds are expected to control sexual urges is beyond me! With such mindset is it any wonder that the conviction rate in rape cases is so abysmally low. Nor is it surprising that the 2012 Delhi case took seven years for final resolution.
Unless such basic attitudes are addressed, 10 years from now, we will be still dithering with debates on preventive punishment.
Let’s hope society wakes up, and urgently.
(The author is a past
IMA State President, a founder member of VHAG and a healthcare activist)