The government has introduced a major amendment in the House of Representatives to address legal gaps that allow people who attack healthcare workers or damage medical facilities to avoid prison by paying a fine.
The bill, registered by Health and Food Hygiene Minister Nisha Mehta, would amend the Health Workers and Health Institutions (Protection) Act, 2066 B.S.
It proposes mandatory prison sentences as well as significant fines for those found guilty.
Key Penalties in the Proposed Amendment
Under existing law, people convicted of assaulting medical personnel or damaging hospital property may avoid prison by paying a small fine or a relatively low bail amount. The proposed amendment substantially increases the penalties by replacing “fine or imprisonment” with sentences requiring both:
- Assault and criminal force: Anyone who beats, physically injures, or uses a weapon to commit criminal force against a healthcare worker, staff member, or medical student would face two to five years in prison and a fine of Rs 200,000 to Rs 500,000.
- Vandalism and arson: Those who set fire to or damage medical institutions would face strict prison terms and financial penalties, so paying a fine alone would no longer allow them to avoid imprisonment.
- Obstruction and threatening behavior: Picketing, locking hospital premises, making threats, or inciting violence against medical staff would carry a prison sentence of up to one year and a fine of up to Rs 100,000.
- Broader protection: The definition of a protected “health worker” would be expanded to expressly cover medical interns and trainees.
Medical Association Supports the Proposed Changes
Healthcare professionals across Nepal have for years called for strict “jail without bail” provisions in response to increasing workplace violence, which has led many practitioners to leave the profession or seek work abroad.
Nepal Medical Association President Dr. Badri Rijal said he was hopeful the proposed law would make workplaces safer.
“Health workers are always concerned about when they might be physically attacked,” he said. “We hope the amended law will allow doctors and nurses to care for patients without fear.”
Former association president Dr. Lochan Karki expressed a similar view, noting that mandatory prison sentences would serve as a genuine deterrent to hospital vandalism and mob violence.