Shattering the Silence: The Fight for the Protection of Human Rights & Dignity of Doctors in India

Abstract

“Medicine is a science of uncertainty and an art of probability.” – Sir William Osler. Violence against healthcare professionals has become a persistent and systemic concern in India, affecting the safety, dignity, and functioning of the healthcare system. Despite multiple state enactments, proposed central bills, judicial interventions, and regulatory guidelines, a comprehensive and uniform national framework remains absent. This paper examines the constitutional basis of legislative competence, evaluates existing criminal law provisions under the Bharatiya Nyaya Sanhita, 2023, analyses relevant judicial precedents, and assesses recent policy developments including the National Task Force constituted by the Hon’ble Supreme Court of India in 2024. It identifies key policy gaps relating to fragmented legislation, weak enforcement, absence of centralised data, inadequate institutional infrastructure, gender-specific vulnerabilities, and regulatory limitations in telemedicine. The study argues that violence against healthcare professionals cannot be effectively addressed through penal measures alone and requires a coordinated central legislation combined with structural and institutional reforms to ensure sustainable protection and improved healthcare governance.