Violence, Hate Speech, and Hostility Against the Healthcare Professionals in India: A Contemporary Legal Review

ABSTRACT

Background: Doctors, nurses, and paramedics are mistreated by impatient patients having prejudice, hatred and unruly behaviour. The recent COVID-19 pandemic has highlighted hate speech and hostility against healthcare professionals and workers. Objectives: To identify reasons for the abuse and violence. To examine the statutory provisions and judicial interpretations about protecting the rights of the healthcare professionals against hate speech, abuse and violence by the patients and their near relatives. To identify the shortcomings in the existing legal framework. Methods: Analysing and reviewing of research papers, articles, judgments, statistical studies, and news reports that are related to hate speech, abuse and violence against doctors and healthcare workers in the past ten years in India. Results: Although some states have legislated exclusive law about the present issue, instances of abuse, and violence have not been reduced, rather increased as seen after the COVID-19 pandemic. Therefore, there is a lack of deterrence in the existing penal law. Conclusion: Physicians who are victimised face a special kind of occupational vulnerability. Because general physicians work in a variety of therapeutic settings, the possibility of violence, hate speech, hostility is a legitimate issue. Because of the huge emotional, psychological, and financial implications of violence, it is a concern not for policy makers alone, but for everyone. © 2022, Medicolegal Association of Maharashtra. All rights reserved.