The amended criminal law bill includes provisions granting immunity to medical professionals in cases of deaths resulting from medical negligence, as announced by Union Home Minister Amit Shah in the Lok Sabha. By a voice vote, the bill was approved by the Lok Sabha, although 97 opposition MPs will be suspended for the rest of the winter session for alleged “misconduct.” Minister Shah was under pressure from the Opposition to make a statement about the December 13 security breach at Parliament. The amendment attempts to shield medical professionals from criminal prosecution in specific situations and represents a significant advancement in addressing the legal aspects of medical negligence.
Amit Shah, the Union Home Minister, proposed changes to exempt doctors from criminal prosecution. He said, “At the moment, a death caused by a doctor’s negligence is also treated as criminal negligence, almost akin to murder.” In order to absolve the doctors of this criminal negligence, I will thus present an official amendment right away.” This statement elucidates the purpose of the proposed amendments, which is to recognize the difference between medical errors and criminal acts and to relieve physicians of the burden of criminal charges for deaths resulting from their negligence. The changes represent a change in the way that the law is interpreted, taking into account the complexity of medical practice and aiming to provide a more fair system of accountability in the field of healthcare.
The Indian Medical Association (IMA) requested that the amendments exempting doctors from criminal prosecution be introduced, according to Union Home Minister Amit Shah. He continued, “And hence we have decided to free the doctors from the culpability of criminal negligence.” This suggests that the medical community, represented by the IMA, requested that the legal framework pertaining to medical negligence be reexamined, which is why the government decided to amend the law. The government and the medical community worked together to address concerns about the criminalization of medical errors and create a more fair legal framework, as evidenced by the amendments.
Medical negligence that results in death could be punished under Section 304A of the Indian Penal Code (IPC), which stipulates a term of imprisonment extending to two years, a fine, or both, under the current colonial-era criminal laws. Recent IPC amendments, however, have been made to exempt physicians from prosecution for medical negligence. On December 21, the Lok Sabha passed a number of bills, including the Bharatiya Sakshya (Second) Bill, 2023, the Bharatiya Nyaya (Second) Sanhita, 2023, and the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The particular changes in these bills probably deal with issues pertaining to lawsuits brought against physicians in cases of medical malpractice, with the goal of implementing a more complex and equitable system of accountability in the healthcare industry.
The new criminal law Bills, which replace three outdated laws, have been crafted based on three fundamental principles of the Indian Constitution: freedom of the individual, human rights, and the principle of equal treatment for all. The aim of these bills is to align with the fundamental values enshrined in the Constitution. Furthermore, Shah noted that the new criminal law Bills propose stringent measures, including life imprisonment or the death penalty, for offenses related to mob lynching. This indicates a concerted effort to address the serious issue of mob violence and protect individuals from such acts, highlighting the gravity with which the government views incidents of mob lynching. The proposed penalties are intended to act as a deterrent and ensure swift and severe consequences for those involved in such crimes.
