KATHMANDU, JULY 16

The Security of Health Workers and Health Organisations (First Amendment) Act, authenticated by President Bidhya Devi Bhandari yesterday stipulates a provision of awarding stringent punishment to anyone who commits an offence against health personnel or health institutions.

This law replaces its 2010 counterpart. As per section 15 of the act, if any person commits any offence in contravention of the law in a way to harm health personnel or a health institution, he/she will be liable to imprisonment for a term ranging from two years to five years or a fine not exceeding Rs 500,000 or both.

Similarly, compensation will be recovered from the offender(s) depending on the degree of harm against health personnel and health institution.

This act ensures the safety and security of health personnel and health institutions through remedial actions against frequent attack on them over the death of patients in the course of medical treatment. It prohibits picketing (gherao), manhandling or misbehaving with any health worker on the issue of medical treatment, obstructing delivery of health services, padlocking, destroying, torching, or vandalising any health institution. According to the amendment, if any person or group commits such an act against any health worker or health institution, the health worker or health institution concerned may request the local administration for security. If the request for security is made, the local administration should arrange security immediately.

The act also has the provision of an 11-member health worker and health institution security coordination committee headed by a 12th-level official of the Ministry of Health and Population to carry out functions related to the security of health workers and health institutions in a coordinated manner. The functions, duties and powers of the committee are to approve and implement plans and programmes related to the security of health workers and health institutions; maintain coordination among the concerned bodies, and provide compensation to the affected patients or their kin in case of negligence proved by a court.

The amendment has also made a provision of health workers and health institution security fund.

A version of this article appears in the print on July 17, 2022, of The Himalayan Times.