On Monday, medical professionals in Jaipur protested the Rajasthan government’s planned Right to Health Bill. After the police failed to disperse the crowds of demonstrators who had gathered to surround the state Assembly, they escalated to lathi-charging the protestors.
The doctors said that the cops tore their clothing to pieces and mistreated the female doctors. More than 2,400 owners of private hospitals across the state protested on the streets on Monday. At first, doctors, health professionals, and hospital administrators met at the Jaipur Medical Association auditorium at SMS Hospital to voice their objections to the Draft Bill. At about midday, the physicians departed the SMS Hospital and arrived at Statue Circle in front of Central Park.
However, at approximately 1:00 pm, the police stopped the protesters close to Statue Circle, causing a confrontation between the two sides. Reportedly, the doctors alleged that the police engaged in a physical altercation with them, but the police claimed that the protesters had become violent owing to which they had to resort to the lathi charge.
#WATCH | Rajasthan police lathi-charge private hospital doctors and managers who were protesting against the ‘Rajasthan Right to Health Bill’, in Jaipur pic.twitter.com/4cVVD6cZC6
— ANI MP/CG/Rajasthan (@ANI_MP_CG_RJ) March 20, 2023
On Monday, the Joint Action Committee, which had previously endorsed the Bill a few days earlier, also took part in the demonstration. The committee was formed by the doctors’ unions. The protesters said that the Bill does not contain the proposals they made. The Right to Health Bill aims to grant Rajasthani citizens the ability to get free medical care at hospitals, clinics, and laboratories, including private facilities.
Dr. Vijay Kapoor, secretary of the Private Hospitals and Nursing Home Society commented on the issue and stated that the protest would continue until the government withdraws the bill. “The doctors held a meeting on the issue on Sunday during which it was decided to conduct a protest march to the state assembly. This is an indefinite statewide ‘bandh’ and it will continue until the government withdraws the bill,” he said.
Meanwhile, the Police action was criticized by the People’s Union for Civil Liberties (PUCL) which said that the police bandobast was not enough to match the crowds of doctors at the rally. “There were no women police at all and amidst the pushing and jostling between the doctors and police, several women doctors were injured. The police unpreparedness is shown by the fact that no water cannons are seen, which is the drill before the use of lathi to push back the crowd. When the rally and route were announced, the Jaipur police should have tried to talk to the doctors rather than engage in pushing, jostling, and lathis,” it was quoted.
The PUCL also urged the doctors to withdraw the protest claiming that the group of leaders from the joint action committee had met with the administration and government representatives and almost every disagreement was resolved. “It is surprising that suddenly the doctors change their mind and come against the Bill. It is also surprising that a section of the government doctors decided to wear black bands to oppose the Bill,” PULC said.
The Right to Health Bill, 2022
The Right to Health Bill, which seeks to guarantee citizens’ legal rights and entitlements to the finest healthcare, was one of the poll pledges made by Congress for the 2018 state elections. From the bill’s introduction in the assembly in September 2022, it has encountered opposition, among other things because it mandates free emergency care. The present budget session has not yet resulted in its passage.
The citizens of Rajasthan under the bill can have following rights-
- Avail free outdoor and indoor patient department services, medicines, and diagnostics in public health institutions,
- Emergency treatment and care at all health care providers, without any delay waiting for prepayment or police clearance,
- Receive information about the nature and cause of illness, results, complications and cost of treatment, and access related records, 4. Informed consent before specific tests or treatments,
- Confidentiality and privacy in treatments at all health care establishments,
- Referral transport,
- Safe and quality health care, and
- Grievance redressal.
State Health Minister Prasadi Lal Meena had said in September last year that the Bill was introduced to enhance the effectiveness and implementation of the Rajasthan Model of Public Health. “The state government has decided to bring in legislation to safeguard the right to health so that the rights of residents may be ensured. The Bill ascertains the duties of residents and also provides for a grievance redressal mechanism. Provisions are made in it to establish the state health authority and the district health authority which are entrusted with the functions essential to achieve the purposes of the Bill,” he was quoted back then.
Obligations on the private sector may violate their right to carry out business
The protesting doctors on the other hand have stated that the bill fails to define ’emergency’ while it promises free emergency treatment. They also have raised concern over the payment or reimbursement model as per the bill. The doctors have to pay the staff, nurses and also have to look after the maintenance of the medical tools and equipments. “If we go on treating patients free of cost, who is going to reimburse the amount?” pondered one Dr Aggrawal from Tonk.
The Bill nowhere specifies if the state will reimburse private clinical establishments for providing such free services. This may violate Article 19(1)(g) of the Constitution, which guarantees the right to practice any profession or carry on any occupation, trade, or business.
Grievance redressal mechanism may violate the right to privacy
Further, the formation of a district health authority and a state health authority, both of which would be composed of public representatives, is the main source of concern for the doctors. As per the bill, a web portal and helpline center will be established for filing complaints on denial of services and infringement of rights. The accused in dispute will have 24 hours to reply to the complaint. If a complaint is not handled within the aforementioned time range, the District Health Authority will take it up. It shall take the necessary measures and post the action taken report on the website within 30 days. A patient’s medical records could also be included in the action taken report, depending on the nature of the complaint.
No information is provided in the Bill on who else except the complainant would have access to the report on the website. In medical situations, this can violate the patient’s right to privacy.
The Bill also states that no civil court shall have jurisdiction to consider any action or process concerning any subject which the State Health Authority or District Health Authority, as the case may be, established under this Act, is empowered by or under this Act to resolve.
This indicates that the courts lack jurisdiction. Doctors worry that the members of the district health authority, who must include three pradhans and zilla pramukhs, may harass, threaten, or blackmail them.
Joint Action Committee earlier endorsed the bill
It is worth noting that several civil society groups questioned the doctor’s opposition to the bill in February this year. They said that the doctors were trying to prevent a Bill which is a crucial constitutional right. Reports suggest that the opposition cannot afford to publicly criticize the Bill as the government has been attempting to communicate to the 34-member Joint Action Committee (JAC). The JAC has been created by various medical associations such as the Indian Medical Association (IMA)-Rajasthan chapter and the United Private Clinics and Hospitals Association of Rajasthan (UPCHAR) which is a representative body of over 1,000 private hospitals.
The People’s Union for Civil Liberties (PUCL) also urged the doctors to withdraw the protest claiming that the group of leaders from the joint action committee had met with the administration and government representatives and almost every disagreement was resolved.
The private doctors during the protest sought withdrawal of the bill. The state police resorted to the lathi charge and also misbehaved with the women medics. Almost 300 private hospitals, clinics, and nursing homes in Kota remained closed for outdoor patients, emergency services, and new admissions as a result of the closure of private institutions, causing a 40% increase in patient volume at the government-run MBS Hospital in Kota.
