, specifically the provision mandating jail terms for doctors found guilty of medical negligence. In response, doctors have initiated a month-long nationwide campaign.){kind=link}
The medical community is voicing strong opposition to the newly enacted Bharatiya Nyaya Sanhita (BNS), specifically the provision mandating jail terms for doctors found guilty of medical negligence. In response, doctors have initiated a month-long nationwide campaign.
Medical Community’s Concerns
The recent changes in legislation have made imprisonment mandatory for medical negligence, a shift from the previous regulations under Section 304A of the Indian Penal Code (IPC). Under the IPC, medical negligence was punishable by either a fine or a jail term of up to two years. The new BNS, however, has replaced this with Section 106, which prescribes a prison term of up to five years and fines for causing death through rash or negligent acts. Specifically, doctors performing medical procedures can face up to two years of imprisonment and fines.
Indian Medical Association’s (IMA) Stand
The Indian Medical Association (IMA) has strongly opposed the criminal prosecution of doctors, asserting that without criminal intent (mens rea), doctors should be accountable only under civil law. IMA President Dr. RV Ashokan emphasized the need to exempt doctors from criminal prosecution, highlighting that the IMA had submitted proposals to the Parliamentary Standing Committee on BNS and met with various MPs to discuss their concerns.
The IMA advocates for initial registration of alleged medical negligence cases under Section 26 of the BNS, which protects surgeons acting in good faith with patient consent from being charged with an offence. The association has urged the Prime Minister’s Office to issue clarifications on these provisions to guide investigating officers.
Violence Against Doctors
Dr. Ashokan also addressed the increasing violence against doctors and hospitals, calling for a central law to protect medical professionals. He noted the lack of convictions despite numerous violent incidents and pointed out that the government had previously amended the Epidemic Diseases Act to protect doctors during the COVID-19 pandemic. A central law, he argued, would strengthen state legislation and deter attacks on healthcare providers.
IMA’s Appeal to the Prime Minister
In a letter to Prime Minister Narendra Modi, the IMA highlighted the absence of criminal intent in cases of medical negligence and referenced Union Home Minister Amit Shah’s acknowledgment that death during treatment is not akin to murder. Despite assurances, the new BNS has not decriminalized medical negligence. The IMA requested the government to ensure that investigating officers apply Section 26 of the BNS in medical negligence cases, suggesting the formation of expert committees to evaluate rare cases of alleged recklessness.
The IMA’s campaign seeks to engage newly elected MPs to raise awareness and garner support for their demands, emphasizing the need for legal reforms to protect doctors from unjust prosecution and violence.