Lok Sabha Question No. 1096 (UNSTARRED), answered on 2016-07-22
Subject: Assault on Doctors and Health Institutions
Ministry: HEALTH AND FAMILY WELFARE
Asked by: SHIVAJI ADHALRAO PATIL, Shrirang Appa Barne, DHARMENDRA YADAV

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTION NO. 1096 TO BE ANSWERED ON 2 2 ND JULY, 2016

## ASSAULT ON DOCTORS A ND HEALTH INSTITUTIONS

## 1096. SHRI ADHALRAO PATIL SHIVAJIRAO: SHRI SHRIRANG APPA BARNE: SHRI DHARMENDRA YADAV:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a)  whether  the  Government  has received  representations  from  Indian Medical  Association (IMA) demandingcentral act for prevention of assault on doctors and health institutions, capping of compensation,  amendment  in  Pre -Conception  and  Pre -Natal  Diagnostic Techniques (PCPNDT) Act and Clinical Establishment Act and introduction of Anti - Quackery Bill;

- (b) if so, the details thereof and the action taken by the Government thereon;
- (c)  whether  the  Government  has constituted/proposes  to  constitute  the Inter - Ministerial Committee to examine the issues raised by IMA; and
- (d) if so, the details thereof along with the composition, term and reference of the Committee and the time by which the said Committee is likely to submit its report?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SMT. ANUPRIYA PATEL)

(a) to (d): Yes,  the  Government  has  received  the  representation  from  IMA.  An  Inter -Ministerial Committee has been constituted under the chairmanship of Addition Secretary(Health) comprising representatives from Ministry of Law and Justice, Departmen Consumer  Aff airs,  Ministry  of  Home  Affairs,  Medical  Council  of  India  (MCI)  and  thre representatives from IMA, to examine the issues raised by IMA.

The terms of reference of the Inter - Ministerial Committee were as under: -

- (i) Frequent instances of assault on doctors and clinical establishments across the country and the need for a Central Legislation for providing protection to the same.
- (ii) Urgent amendments in the PC & PNDT Act to ensure that strict penalties are imposed o on  actual  act  of  sex  determination  or  female  f eticide  and  not  for  clerical  errors  in  the maintenance of registers etc. The IMA is also of the view that registration shoul ultrasound machine and not of doctors not doing pelvic ultrasound.
- (iii) Single  doctors establishments  should  be  exempted  from  the  purview  of  the  Clinical Establishments Act and the need for pre - registration inspection may not be there for those clinical establishments which already have entry level NABH accreditation and above.
- (iv) Suitable  a mendments  should  be  made  in  the  Consumer  Protection  Act  for  capping  the compensation amount as the current compensation practice, apart from being very hig times, was also tilted in favour of the persons with higher income.
- (v) The non - MBBS and non - BDS d octors should not be allowed to prescribe medicines under modern system and the other stream practitioners like AYUSH doctors etc. should not allowed to practice through bridge courses and through government orders.

The Committee has submitted its repo rt.