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Act criminalizes attacks on health institutions, professionals

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KATHMANDU, May 19: In the wake of alarming rise in attack on health institutions, the government has introduced a separate Act with clear provisions for punishment to those involved in attacking medical professionals and health institutions.



The Act makes manhandling health workers and padlocking and vandalism of health institutions a subject to punishment. [break]



Anyone involved in picketing, misbehaving or manhandling medical professionals now is liable to Rs 5,000 to Rs 20,000 fine. Likewise, those involved in vandalizing, arson and any other disruptive activity in health institutions are liable to up to Rs 300,000 fine and one-year jail term or both, depending on the nature of the offense.



Until recently, there was no specific law to deal with such attacks on health bodies. Police would try the accused -- if arrested at all -- under a relatively milder Public Offense Act, leaving health workers and health institutions a vulnerable lot.



Nepal Medical Association (NMA), the umbrella organization of medical doctors across the country, has lauded the Act governing their safety.



Dr Kedar Narsingh KC, president of NMA, said they had been demanding a separate law pertaining to the safety of medical professionals and health institutions for the last three years. "However, it all depends on the implementation of the Act," he added.



The demand of a separate Act came in the wake of growing attacks against medical professionals and health institutions in recent years particularly after the success of Janaandolan II in April, 2006.



There were over half a dozen cases of attacks against medical professionals and health institutions from the kin and relatives of those dying in course of treatment in various parts of the country in the last two months alone. In most cases, the agitators resort to vandalism, alleging that their kin died due to the negligence of doctors.



The Act has provisioned for a seven-member committee comprising representatives from stakeholders concerned to bring coordination for the safety of health professionals and health institutions. The secretariat of the committee will be based at the Health Ministry.



The committee headed by a chief specialist at the Medical Service Division under Health Ministry comprises a representative from the Home Ministry and chiefs of Nepal Medical Association, Nepal Health Technicians´ Association, Nepal Nursing Association and Association of Private and Health Institutes of Nepal.



The committee is entrusted with developing necessary plans and coordinating with government bodies concerned for the safety of health professionals and institutions.



As per the new Act, all medical workers and health institutions seeking security need to be registered themselves with the committee which will charge a certain amount of money to set up a fund.



The committee will bear the expense incurred while defending the cases filed against any medical professional or health institution. Likewise, the fund will be used to pay necessary compensation if the court finds any health institution or medical professional guilty.



koshraj@myrepublica.com



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