Consumers Beware! Why the safety of female patients needs urgent attention

The allegations of digital rape made by a patient at Medanta hospital in Gurugram last fortnight, and the subsequent arrest of an Intensive Care Unit (ICU) technician, raise serious concerns over the safety and dignity of women patients in hospitals in general and in ICUs in particular.

The 46-year-old patient’s account of what happened to her when she was in an extremely vulnerable situation on a ventilator in the ICU, unable to speak or move and in a state of semi-consciousness, makes for extremely distressing reading. What is even more perturbing is her allegation that two female nurses were present at the time.

Since the patient could not specify the time of the crime, the police scanned footage from over 80 CCTVs and questioned over 50 staff members, before zeroing in on the technician, who, the footage showed, had entered the cubicle of the patient thrice on that particular day, April 6. He had stayed once for over 17 minutes, even though his work did not require his presence for more than two minutes. The police also found that the accused was addicted to watching pornography on his mobile.

For those who may not be aware, digital rape does not refer to an online rape, but forcible or non-consensual penetration of a private part of a woman using fingers or toes (digit). The comprehensive definition of ‘rape’ under Section 63 of the Bharatiya Nyaya Sanhita includes digital rape. Where a person on the management or the staff of a hospital commits rape on a woman in that hospital, Section 64 prescribes rigorous imprisonment (RI) of not less than 10 years, which may go up to life imprisonment and fine. Generally, in cases such as this, the perpetrator, if proven guilty, will face punishment in accordance with the provisions of the law. But that is not enough. The hospitals, particularly those in charge of security, should also be held accountable for their failure to ensure the safety of patients.

When a hospital undertakes to treat a patient, it is implicit that it also promises to uphold and protect the rights of the patient to safety, dignity and privacy. Failure on this count constitutes negligence and they should also be held liable under the civil law or the Consumer Protection Act. Of course, no amount of money can ever compensate a survivor for what she undergoes physically and psychologically, but a very hefty compensation, particularly from hospitals that charge heavily for their services, will at least force them to take patient safety more seriously.

Having said that, I come to the main issue that I wish to focus on — the urgent need for guidelines on the safety of female patients. In 2019, the National Human Rights Commission came up with a comprehensive Charter of Patients’ Rights, which the Union Ministry of Health has asked all hospitals — both private and government — to follow. This now needs to be expanded further, with precise directions on the mandatory steps that each hospital must take to prevent crimes against women patients.

A close look at the cases of molestation of patients in hospitals shows that those in the ICUs are most vulnerable because of their serious medical condition. In fact, sexual assault on such patients who are totally defenceless and in extreme distress and pain, by the staff of the hospital, which is supposed to take care of them, makes the crime most heinous and perverted and that is the reason why they should get maximum punishment.

The threat to the safety of patients in ICUs also comes from the fact that no family member is allowed to be with them and since most of these units have both male and female patients, male nurses and other staff also have access. So, 24/7 watch over the entry and exit of the staff into these cubicles through CCTVs is essential. In ICUs, female wards must have female security staff and entry of the male staff should be under the strict supervision of a female guard or a nurse. Hospitals should also get proper background checks on their employees through security agencies. It is also extremely important to have regular safety audits by external agencies and constant improvement in safety based on the analysis of complaints from patients.

In short, all possible loopholes in security in ICUs, paediatric wards and female wards should be examined and plugged.

There is no statistical data on the number of female patients who are subjected to sexual abuse and molestation in hospitals, but even a random online search of such reports in the media shows the enormity of the problem — in the last one year, for example, over a dozen such cases have been reported from different parts of the country; not just government, but also the upscale private hospitals.

Even these numbers do not reflect the true picture as many women do not complain at all and even when they do, it may not get reported in the media.

The large number of judgments of sessions courts in different parts of the country pertaining to sexual molestation of patients, also reflects the poor safeguards provided to women and children. Last year, a sessions court in Delhi sentenced a sweeper, Radhey Shyam, to life imprisonment for raping a 12-year-old patient at the ESI hospital in Rohini in 2018. A sessions court in Gandhinagar convicted a sweeper at Apollo Hospital to seven years of RI for raping a 19-year-old girl admitted for the treatment of dengue in 2016, but the other accused, Ramesh Chauhan, a Pakistani doctor working at the hospital on a long-term visa, absconded, following bail granted during the trial.

There is an urgent need to stop all such crimes against patients.

— The writer is a consumer rights and safety expert

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