President Gives Nod for Promulgating Ordinance to Punish Those Attacking Healthcare Workers

The ordinance which amends the Epidemic Diseases Act, 1897 also provides for compensation for injury to healthcare service personnel or for causing damage or loss to property.

New Delhi: President Ram Nath Kovind on Wednesday gave his assent for promulgating an ordinance making acts of violence against healthcare personnel fighting COVID-19 pandemic as cognizable and non-bailable offences.

The ordinance which amends the Epidemic Diseases Act, 1897 also provides for compensation for injury to healthcare service personnel or for causing damage or loss to property.

“The president has given his assent for promulgation of the ordinance,” the Health Ministry said in a statement, adding that commission or abetment of such acts of violence will be punishable with imprisonment for a term of three months to five years, and with fine of Rs 50,000 to Rs 2,00,000.

In case of causing grievous hurt, imprisonment shall be for a term six months to seven years and with a fine of Rs 1,00,000 to Rs 5,00,000.

In addition, the offender will also be liable to pay compensation to the victim and twice the fair market value for damage of property, the ministry said.

The Union Cabinet in the afternoon approved promulgation of The Epidemic Diseases (Amendment) Ordinance 2020 to amend the Epidemic Diseases Act, 1897 to protect healthcare service personnel and property, including their living/working premises against violence during epidemics.

The current ordinance is intended to ensure that during any situation akin to the current pandemic, there is zero-tolerance to any form of violence against healthcare service personnel and damage to property, the Health Ministry said in a statement.

“… some incidents of violence have taken place which has demoralized the medical fraternity. It is felt that separate and most stringent provisions for emergent times are needed to act as effective deterrents to any such incidents of violence,” the ministry said.

Violence, as defined in the ordinance, will include harassment and physical injury and damage to property.

The healthcare service personnel include public and clinical healthcare service providers such as doctors, nurses, paramedical workers and community health workers; any other persons empowered under the act to take measures to prevent the outbreak of the disease or spread thereof; and any persons declared as such by the state government, by notification in the official gazette.

Also Read: Cabinet Clears Ordinance to Punish Violence Against Health Workers, IMA Withdraws Protest

The penal provisions can be invoked in instances of damage to property including a clinical establishment, any facility identified for quarantine and isolation of patients, mobile medical units and any other property in which the healthcare service personnel have a direct interest in relation to the epidemic.

Offences will be investigated by an officer of the rank of inspector within a period of 30 days, and trial has to be completed in one year, unless extended by the court for reasons to be recorded in writing.

The statement stated that during the current COVID-19 pandemic, there have been instances of the most critical service providers, that is, members of healthcare services, being targeted and attacked by miscreants, thereby obstructing them from doing their duties.

Members of the medical community, even as they continue to perform relentlessly round the clock and save human lives, have unfortunately become the most vulnerable victims as they have been perceived by some as carriers of the virus.

“This has led to cases of their stigmatization and ostracization and sometimes worse, acts of unwarranted violence and harassment. Such a situation tends to hamper the medical community from performing their duties to their optimum best and maintaining their morale, which is a critical need in this hour of a national health crisis.

“While healthcare service personnel are duty-bound to serve without discrimination, the cooperation and support from society is a fundamental need for them to perform their duties with confidence,” the ministry said.

Several states have enacted special laws to offer protection to doctors and other medical personnel in the past.

“However, COVID-19 outbreak has posed a unique situation where harassment of the healthcare workforce and others working to contain the spread of the disease has been taking place at all fronts, in various places including even cremation grounds,” the statement said.

The ministry said that the existing state laws do not have such a wide sweep and ambit. They generally do not cover harassment at home and workplace and are focused more on physical violence only.

“It is hoped that this ordinance will have the impact of infusing confidence in the community of healthcare service personnel so that they can continue to contribute to serving mankind through their noble professions in the extremely difficult circumstances being witnessed during the current coronavirus infection outbreak,” the ministry said.

Cabinet Clears Ordinance to Punish Violence Against Health Workers, IMA Withdraws Protest

Following reports of attacks on healthcare professionals on COVID-19 duty, the doctors’ body had amped up pressure on the government.

New Delhi: The Central government will bring an ordinance that will make acts of violence against healthcare workers a cognisable and imprisonable offence. Following reports of several incidents where nurses and doctors on COVID-19 duty had been discriminated against and physically attacked, the Indian Medical Association had amped up pressure on the government to act on behalf of medical practitioners.

The Cabinet, on April 22, approved the promulgation of the ordinance to amend the Epidemic Diseases Act, 1897, the government’s principle spokesperson K.S. Dhatwalia wrote on Twitter. Such acts of violence will now be cognisable and non-bailable. Those found guilty will be given sentences ranging between six months and seven years.

Also read: IMA Calls For Law to Protect Doctors From Harassment, ‘or Black Day on April 23’

Asserting that the government has “zero tolerance” for violence and harassment against doctors, nurses, paramedics and other healthcare personnel, Union Minister Prakash Javadekar said a person can be sentenced to terms between three months and five years, and fined between Rs 50,000 and two lakh, for such crimes under the new provision.

In cases where injuries are serious, the punishment will range from six months to seven years, and carry fine between Rs 1-5 lakhs, the minister told reporters.

The law will also be invoked if healthcare personnel face harassment from their landlords or neighbours over suspicion that they may carry the coronavirus infection due to the nature of their work, he said.

“Our government has zero tolerance against violence and harassment targeting doctors, nurses, paramedics and ASHA workers when they are doing their best to fight the pandemic,” he said.

People responsible for violence will also be liable to pay damages, which will be double the market value of the property vandalised, the Information and Broadcasting minister said.

Meanwhile, after a meeting through video link with Union home minister Amit Shah, the IMA called off its proposed ‘white alert’ and ‘black day’ protests scheduled on April 22 and 23 .

In two successive tweets, Shah said, “Safety and dignity of our doctors at their work place is non-negotiable.”


“In view of the assurances given from the highest authorities of the government, the IMA calls of the protest…We thank all our members for their unprecedented solidarity and support,” the doctors’ body said in a statement.


Amid rising incidents of violence against healthcare workers on the frontline of the fight against COVID-19, the IMA had called for a nation-wide ‘white alert’, asking doctors and hospitals across the country to light candles on Wednesday as a protest against such attacks.

The doctors’ body had also warned that they will observe ‘Black Day’ if no action is taken by the government and doctors in the country will work with black badges on April 23.

“The IMA has maintained utmost restraint and patience in spite of extreme provocations. Doctors have been abused, beaten up, denied entry and residence. Obstruction to cremation is the last straw that IMA can bear.

“If dignity is denied even in death, our patience and restraint lose their value,” it said.

“We demand a special central law against violence on doctors, nurses, health care workers and hospitals by an ordinance,” the IMA had said on Tuesday.

Several incidents of violence against medical professionals have been reported from different parts of the country during the coronavirus outbreak.

The burial of deceased Chennai doctor Simon Hercules, who it is being suspected may have contracted COVID-19 from patients, made news after it was was met with stiff opposition from locals. His family and friends were attacked by locals near a burial ground.

In Chennai as well, the cremation of yet another doctor who died of COVID-19 met with opposition from locals.

Two women doctors were injured in Indore when a team of health officials was pelted with stones while they were trying to trace a person who had come into contact with a COVID-19 patient earlier, police said.

In Moradabad, a team of doctors and medical staff was attacked by a mob in Nawabganj area after they had gone to quarantine a family which had lost two members to COVID-19.

IMA Calls For Law to Protect Doctors From Harassment, ‘or Black Day on April 23’

The medical practitioners’ body has asked for a symbolic protest with candles on April 22.

New Delhi: The Indian Medical Association has called for a candlelight vigil on April 22 and the observance of a ‘Black Day’ to protest against violence and discrimination faced by medical practitioners treating COVID-19 patients on the following day if the government does not act on their behalf.

The national organisation which looks after the interest of doctors has also asked the Centre to pass a stringent act to protect doctors and “restore their dignity.”

Also read: India Needs an Urgent Law to Protect All Health Workers From Violence

“Doctors have been abused, beaten up, denied entry and resident. Obstruction to cremation is the last straw that IMA can bear. If dignity is denied even in death, our patience and restraint lose their value,” the statement says.

The call was given by the IMA after several incidents of harassment faced by medical practitioners looking after COVID-19 patients, in the hands of patients, people to be quarantined and their own neighbours came to light.

The IMA has issued what it is calling a “white alert” for a symbolic protest at 9 pm, with candles, on April 22.

“If the government fails to enact [a] Central law on violence on Doctors and Hospitals even after White Alert IMA declares Black Day on 23.4.2020,” reads the statement.

The letter is signed by Dr Rajan Sharma, national president of the IMA, and Dr R.V. Asokan, honorary secretary general of the IMA.

As many as 28,000 doctors from across the state will take part in a candlelight vigil at their respective places at 9 pm on April 22, secretary of the IMA’s Gujarat chapter Dr Kamlesh Saini told PTI.

The burial of deceased Chennai doctor Simon Hercules, who it is being suspected may have contracted COVID-19 from patients, made news after it was was met with stiff opposition from locals. His family and friends were attacked by locals near a burial ground.

In Chennai as well, the cremation of yet another doctor who died of COVID-19 met with opposition from locals.

Two women doctors were injured in Indore when a team of health officials was pelted with stones while they were trying to trace a person who had come into contact with a COVID-19 patient earlier, police said.

In Moradabad, a team of doctors and medical staff was attacked by a mob in Nawabganj area after they had gone to quarantine a family which had lost two members to COVID-19.