In response to the newly enacted Bharatiya Nyaya Sanhita (BNS) Act, which includes a provision requiring jail terms for doctors found guilty of medical negligence, the Indian Medical Association (IMA) has initiated a month-long statewide campaign. Motivated by worries from the medical community, this campaign, which runs through August, seeks to persuade the national government to stop prosecuting doctors for crimes, calling it “injustice.” The IMA is also calling for an end to violence against medical professionals.
On July 1, 2024, Doctor’s Day, the Indian Penal Code (IPC) was superseded by the BNS Act. A noteworthy modification brought about by the BNS Act is the obligatory incarceration of physicians convicted of negligence that does not amount to culpable homicide. Medical negligence was deemed a cognizable violation under the former IPC Section 304A, which carried a maximum two-year prison sentence, a fine, or both. But incarceration was not required.
Section 106 of the BNS Act has superseded Section 304A of the IPC. Section 106 stipulates that causing death by a careless or reckless act that does not constitute culpable homicide carries a maximum five-year prison sentence as well as a fine. The penalty for licensed medical professionals is a fine and a maximum two-year prison sentence. Within the medical profession, there has been a great deal of anger as a result of the mandatory imprisonment of doctors.
Speaking on the matter, IMA President Dr. RV Ashokan said that as part of the campaign, representatives of IMA from every state branch will visit with recently elected representatives of Parliament from respective areas to bring attention to their justifiable requests. Dr. Ashokan stressed that the IMA continues to support its position that physicians should only be held liable under civil law (the Law of Torts), not criminal law, in the absence of mens rea (criminal intent). The IMA is dedicated to pursuing the goal of shielding physicians from criminal prosecution in cases of medical malpractice.
According to the IMA, complaints of alleged medical malpractice ought to be filed under the BNS Act’s Section 26 at first. According to this provision, a surgeon has not broken any laws if they execute a surgery with the agreement of the patient, aiming to benefit them even though they know it will probably result in death. In order to assist investigative officials and prevent unjustified criminal prosecution of doctors, the IMA requests that the Prime Minister’s Office (PMO) provide explanations on this law.
The IMA is also drawing attention to the rising number of violent incidents against medical professionals and facilities. The safety and wellbeing of medical personnel are seriously threatened by the epidemic-level violence, according to Dr. Ashokan. Through its campaign, the IMA hopes to allay these worries and enlist the help of the government to safeguard physicians.The culmination of the month-long campaign will be the delivery of a memorandum detailing the requests and concerns of the IMA to Prime Minister Narendra Modi and Home Minister Amit Shah. The IMA wants to enhance the safety and working conditions for doctors throughout India and bring about changes in the law rules governing medical negligence by interacting with MPs and spreading awareness through this campaign. This proactive stance demonstrates the medical community’s dedication to defending their rights and making sure that justice is administered in a way that takes into account the difficulties and complexities unique to the medical field.
SOURCE:
NAGALAND POST
