Dr KK Aggarwal
The persons committing such offences and crimes can be punished under the following laws:
CRIMINAL LAW
The Act of physical violence, assault, attack on doctors, nurses, their staff, clinical establishments, etc. amounts to following criminal offences which are punishable under the provisions of Indian Penal Code, 1860 (hereinafter referred to as IPC):
Criminal conspiracy: Section 120A and Section 120B of IPC.
Offences against the public tranquility:
Unlawful assembly: Section 141, 143 and 144 IPC.
Rioting: Section 146 IPC, Section 147 IPC and Section 148 IPC.
Affray: Section 159 IPC and Section 160 IPC.
Offences affecting the public health, safety, convenience, decency and morals:
Public nuisance: Section 268 IPC, Section 269 IPC and Section 294 IPC.
Offences affecting human body:
Hurt: Section 319 IPC, Section 323 IPC and Section 324 IPC.
Grievous hurt: Section 320 IPC, Section 325 IPC, Section 326 IPC and Section 326A IPC.
Act endangering life or personal safety of others: Section 336 IPC, Section 337 IPC and Section 338 IPC.
Wrongful restraint: Section 339 IPC and Section 341 IPC.
Criminal force and assault: Section 350 IPC, Section 351 IPC, Section 352 IPC and Section 355 IPC.
Offences against property:
Theft: Section 378 IPC and Section 379 IPC.
Mischief: Section 425 IPC and Section 426 IPC.
Criminal trespass: Section 441 IPC and Section 447 IPC.
Offence of defamation: Section 499 IPC and Section 500 IPC.
Offences of criminal intimidation, insult and annoyance: Section 503, Section 504 IPC and Section 506 IPC.
Offences of outraging, insulting the modesty of women: Section 354 IPC, Section 354A IPC, Section 354B IPC, Section 354C IPC and Section 509 IPC.
If any person commits any of the above mentioned offence, then the doctors and their staff can lodge a police complaint under Section 154 of the Criminal Procedure Code and get the FIR lodge against the said offender.
LAW RELATING TO SEXUAL HARASSMENT AT WORKPLACE
The women can make a complaint against the offence of sexual harassment at workplace as per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as Act, 2013).
As per the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the hospitals, clinical establishments, etc. should constitute Internal Committee for redressing the complaints relating to the sexual harassment at workplace, which can be made by any aggrieved women.
CIVIL LAW
Against the aforesaid Acts and offences of physical violence, assault, attack, etc., the doctors, hospitals, its staff, clinical establishment, etc. can also file civil suits like suit for permanent injunction, suit for damages and suit for defamation.
Apart from the above mentioned remedy under IPC or CrPC, around 15 States and Union Territories (UTs) in India have their respective State or UT legislations on the issue of physical violence or assault of doctors, for example: Delhi Medicare Service Personnel and Medicare Service Institutions Act, 2008; Bihar Medical Service Institution and Person Protection Act, 2011, etc. In all these legislations, punishment is imprisonment which may extend to 3 years or with fine up to Rs. 10,000/- or both and compensation of twice the purchase price of property damaged and loss caused to be recovered as arrears of land revenue on default. However, the said legislations framed by the 15 States or UTs are not effective and also there is no awareness about the same either amongst the doctors or the concerned police authorities.
