Source: The post Free the doctors from criminal negligence has been created on the article “Carry on, doctor” published in “The Hindu” on 26th December 2023.
UPSC Syllabus Topic: Paper 2- Governance – Government policies and interventions for development in various sectors.
News: The new amendment (Criminal Law Amendment Bills) proposes to change the punishment for medical negligence resulting in death. It has moved away from criminal negligence akin to murder.
What were the factors that influenced this amendment?
The Jacob Mathew vs State of Punjab case held that criminal charges should apply only in cases of gross negligence of a significantly high degree. Criminal liability can be applied only if physician’s act can be demonstrated to be negligent or reckless, causing death.
The Indian Medical Association argued that the criminal liability for medical negligence is controversial. It advocated for the understanding that medical accidents may occur without criminal intent. They proposed that deaths during medical treatment be presumed accidents unless proven as gross negligence by expert evaluation.
What changes have been made for doctors in the Criminal Law Amendment Bills?
Punishment for the doctors for criminal negligence: Currently, medical negligence resulting in deaths is punishable under Section 304A of the Indian Penal Code (IPC) with imprisonment of up to two years, a fine, or both. Previously, in the Bharatiya Nyaya (Second) Sanhita (BNS) 2023, Clause 106, the punishment was up to five years. However, the amended BNS has reverted to the original IPC terms.
Penalty for mob lynching: The new Criminal Law Bills propose life imprisonment or the death penalty for mob lynching, providing protection to doctors, whose safety has become a growing concern in recent times.
Definition of Registered Medical Practitioner: It includes anyone with a medical qualification recognized under the National Medical Commission Act, 2019, and registered in either the National or State Medical Register.
What are the concerns regarding this amendment?
No full exemption: The amendment did not grant a complete exemption to doctors for medical negligence. It effectively maintaining the existing legal framework like that of Section 304(A) of the Indian Penal Code.
Fear of legal repercussions: Doctors may continue to face violence and legal challenges that could deter them from providing optimal care. The need for a balance between accountability and protection is evident.
Question for practice:
Evaluate the impact of the Criminal Law Amendment Bills on doctors and the concerns
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