{"id":197859,"date":"2022-07-29T18:46:20","date_gmt":"2022-07-29T13:16:20","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=197859"},"modified":"2022-07-29T18:46:20","modified_gmt":"2022-07-29T13:16:20","slug":"how-the-current-laws-can-shield-doctors-and-police-from-violence","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/how-the-current-laws-can-shield-doctors-and-police-from-violence\/","title":{"rendered":"How the current laws can shield doctors and police from violence"},"content":{"rendered":"\n

Source<\/strong>: The post is based on an article \u201cHow the current laws can shield doctors and police from violence\u201d published in the Indian Express on 29th<\/sup> July 2022.<\/p>\n

Syllabus: GS 2 <\/strong>Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.<\/p>\n

Relevance<\/strong>: Draft Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence & Damage to Property) Bill, 2019,<\/p>\n

News: Recently, the Ministry of Health and Family Welfare admitted that it has withdrawn the Draft Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence & Damage to Property) Bill, 2019,<\/strong><\/p>\n

About the bill<\/strong><\/h5>\n

Doctors are increasingly facing violence and \u201cmalicious prosecution\u201d. Therefore, the bill would have made such violence a non-bailable and cognisable offence with a jail term of up to five years.<\/p>\n

Reasons for the withdrawal of the bill<\/strong><\/h5>\n

According to reports, the government feared that other professional groups, like lawyers and police, would demand similar laws.<\/p>\n

Instead of demanding untenable pieces of legislation,<\/strong> the pressure groups of medical bodies should focus on the effective use of already available legal shields like the IPC and CrPC, and focus afresh on malicious prosecution<\/strong>.<\/p>\n

Issues with the malicious prosecution<\/strong><\/h5>\n

It causes an assault on reputation<\/strong>. For example, a woman doctor in Dausa district of Rajasthan<\/strong> committed suicide when\u202fFIR\u202fwas registered against her for alleged misconduct and negligence.<\/p>\n

Even the government personnel get certain immunities while performing \u201csovereign\u201d functions<\/strong>. For example, the police machinery gets immunity from tortuous liability while performing this sovereign function like investigating a case, maintaining law and order (and arrest and detention), etc.<\/p>\n

What should be done?<\/strong><\/h5>\n

There should be a collective fight against the tyranny of malicious prosecution<\/strong> and tutored reporting.<\/strong><\/p>\n

The Law Commission of India, in \u201cWrongful Prosecution (Miscarriage of Justice): Legal Remedies\u201d report 2018<\/strong> suggested a draft law. However, it was mostly compensatory<\/strong>, which talks about criminal remedies<\/strong>, but barely touches on preventive aspects. Therefore, efforts should be made to institute preventive <\/strong>and substantive fear<\/strong> through various measures as given below.<\/p>\n

The IPC Sections 182<\/strong> and 211 (<\/strong>for both public servant and private complainant) and section 166-A (for public servants) deals with acts of omission and commission to institute false charges. The Law Commission also looks at their role as possible remedies.<\/p>\n

The Section 211 of the IPC<\/strong> can be an effective tool to penalise false charges<\/strong> made with intent to injure a person (including their reputation). The section is stringent with imprisonment up to seven years.<\/p>\n

Disciplinary action<\/strong> should also be taken by professional bodies<\/strong> like the bar associations and prosecution bodies, in case of tutoring<\/strong> and abetment<\/strong> of false charges.<\/p>\n

Lessons should be learnt from the recent verdict of the trial courts<\/strong> in Jhunjhunu, Rajasthan,<\/strong> where around 52 convictions<\/strong> have been made for malicious prosecution in a special drive recently.<\/p>\n

The medical bodies can create a corpus to fund legal representation<\/strong> in every case of vandalism<\/strong>, violence<\/strong> and disruption of healthcare functions<\/strong> and premises<\/strong> to ensure quick and certain convictions.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on an article \u201cHow the current laws can shield doctors and police from violence\u201d published in the Indian Express on 29th July 2022. Syllabus: GS 2 Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation. Relevance: Draft Healthcare Service Personnel and… Continue reading How the current laws can shield doctors and police from violence<\/span><\/a><\/p>\n","protected":false},"author":10308,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-197859","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":1700773050,"cached_date":1704854787},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/197859","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10308"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=197859"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/197859\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=197859"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=197859"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=197859"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}