News-making policies that affected Indian doctors in 2019
M3 India Newsdesk Dec 30, 2019
From attacks on doctors and consequent strikes across the country to the coming into being of a new regulatory body to replace the Medical Council of India, 2019 saw multiple news-making developments affecting doctors. Here, we look at the three biggest developments.
Health Services Personnel and Clinical Establishments Bill 2019
After the nation-wide protests from the medical fraternity against multiple incidents of attacks on doctors by aggrieved kin of patients, the Union Health Ministry drafted a new bill in September to protect healthcare professionals from such attacks.
The Health Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019, sought to introduce imprisonment between 3 to 10 years and a fine of Rs. 2 to 10 lakhs for attacks on doctors. The draft bill was intended to be tabled in the Lok Sabha during the winter session, which ended on December 13. However, the Ministry of Home Affairs declined the bill, stating there was no need for a separate law to ensure the safety of doctors as the general laws under the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) applicable to all professions are enough.
Now, the Indian Medical Association (IMA) has taken up the matter to the Prime Minister and sought his intervention to bring a special law through this bill which has been put on the back-burner.
“It is reliably understood that the Home Ministry has scuttled the draft central legislation taking an unacceptable stand that no one profession will get special treatment. The Union Health Ministry is on record regarding the need of such a law and an assurance was also given in the floor of the Parliament. With the draft legislation in public domain, the medical professionals of the country had expectations that the law was imminent. The IMA hopes that the government does not go back on its word in this regard,” the IMA said.
The National Medical Commission Act
Touted as a major reform to medical education in India, the government in August came up with the National Medical Commission Act, 2019. The new act replaced the Indian Medical Council Act, 1956 and also replaced the Medical Council of India, which was dissolved in 2018, with National Medical Commission becoming the statutory body overseeing medical education, profession, and institutions. Clause 1 of sub-section (1) of section 10 of the National Medical Commission Act 2019 permits the commission to frame guidelines for fees and all other charges for 50 per cent of seats in private medical institutions and deemed universities under the NMC Act 2019.
The NMC however, had doctors opposing the proposal to allow those trained in alternate systems to practice modern medicine. Also, among other main objections to the act is the composition of the 33-member NMC, 25 of which will be nominated by the government. There are concerns that the government might influence the NMC's functioning through its representatives.
Dismissing fears about NMC being dominated by Central nominees, the Union Health Minister had said there will be 10 vice-chancellors of state health universities and nine elected members of state medical councils in the NMC. "Thus 19 out of 33 members, which is more than half of the total strength, would be from states and only a few members will be appointed by the Central government thereby ensuring NMC is representative, inclusive and respecting of the federal structure of Indian polity," he had stated.
Compulsory rural service quota in Maharashtra
The Maharashtra government proposed a bill in September to reserve 10% MBBS and 20% medical postgraduation seats for those who are willing to work in rural areas for five to seven years respectively. The main aim of this bill was to facilitate the availability of healthcare in the country’s villages.
If the bill becomes a law, it is expected that about 450 to 500 MBBS seats and 300 postgraduate seats could be reserved. The bill also says that those who avail the quota and then fail to honour the commitment of serving in rural areas could face five years in jail besides having their degree cancelled.
The bill has, at the moment, been stayed by the new state government and the move has attracted mixed reactions from doctors. Many doctors are of the view that the bill introduced by the earlier government should have been retained as it would have encouraged doctors to serve in rural areas, and now, the bill gives no pay and skip options in this new quota system which the earlier bond policy provided.
The author Kapil Kajal is a Mumbai-based freelance writer and a member of 101Reporters.com, a pan-India network of grassroots reporters.
-
Exclusive Write-ups & Webinars by KOLs
-
Daily Quiz by specialty -
Paid Market Research Surveys -
Case discussions, News & Journals' summaries
