Like Nirbhaya case, law needed to protect medicos

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Like Nirbhaya case, law needed to
protect medicos



It must have been after a very long time that the Indian Medical Association (IMA), the apex camaraderie body of the doctors in the country, mobilised such a big ‘hartal’ (halting) of the health services across in the realm. Nearly a century old organisation, 96 years to be precise, IMA is the body dedicated to “interest of doctors as well as the well-being of the community at large” by promoting modern system of medicine.Though it has taken up issues, led nation-wide agitations but not in the memory of this writer, ever managed to mobilise such overwhelming support for a cause as on last Saturday. This time too, it took a while for the apex body to call the strike. The unfortunate and gruesome rape and murder of a woman doctor took place in Kolkata on August 9 and the junior doctors across the country has been protesting since then.What got the IMA officials moving was the vandalism by goondasat the protest site of PC Kar Medical College in Kolkata. This incident reiterated that the doctors at large were increasingly getting prone to mob and individual violence.The Kolkata incident of rape and murder, however, should be separated from the vandalism at the hospital. The former falls in the category of Nirbhaya case and there should not be any leniency with the accused. However, before that the Central Bureau of Investigations (CBI) has to ensure an air-tight case of both investigation and prosecution.The Nirbhaya murder case, a brutal gang rape and murder that occurred in Delhi in December 2012, was investigated by Delhi Police with progress being overseen by Neeraj Kumar, the then Commissioner of Police, Delhi. The crime scene investigation and the collection of evidence were handled by the Delhi Police Crime Branch. It was a core team of 16 members which remained together and professionally handled the case.The prosecution was led by Dayan Krishnan, a Senior Advocate, who played a crucial role in presenting the case in court. Rajiv Mohan, an advocate, was the Public Prosecutor appointed by the Delhi government to handle the case. The prosecution team presented strong evidence and testimonies that led to the conviction of the accused. The hearings in the case was speeded-up, and the trial was conducted in a specially constituted fast-track court. The prosecution’s work led to the conviction and subsequent sentencing of the accused to death, a verdict that was upheld by the Supreme Court.The Kolkata victim getting a similar kind of quick justice, even by the standards of the Indian judicial system, is unlikely. As the state police and the CBI are at the loggerheads, the justice for victim has been put on the back burner and what we are witnessing is an unfettered political slugfest.Now coming to violence against the doctors. Medics in every city, village, hospital, clinic and health centre in this country is prone to violence. With crumbling medical services in the public sector, and inability of the patients to pay for health care in private sector has led to increasing cases of violence.The IMA for the past many years has been demanding law to curb violence against the doctors.Now the mobilisation for a central protection act to safeguard healthcare workers from violence has spurred the Centre to announce that they would constitute a committee to suggest all such possible measures for ensuring the safety of healthcare professionals. How long would it take to fructify into a law, only time would tell us.Till then we can pray for safety of our health professionals and justice for Kolkata Victim.Sidharth MishraAuthor and president, Centre for Reforms, Development & Justice



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