Publicise Bharatiya Nyaya Sanhita: UGC Directs Medical Institutes

New Delhi: Highlighting the importance of publicizing the new criminal laws, 2023, the University Grants Commission (UGC) has issued directions to the Higher Education Institutions (HEIs) including medical colleges across the country to create a sensitization amongst faculty and the students regarding the Bharatiya Nyaya Sanhita (BNS) and its implications.

In this regard, UGC has also shared several flyers differentiating between the myth and the truth to help the students get a better understanding of the new criminal laws.

Issuing a circular on 16th February 2024, the UGC Secretary Prof. Manish R. Joshi mentioned, "As you are aware, the Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code; the Bharatiya Sakshya (BS) replaces the Indian Evidence Act; and the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure. The BNS is a transformative judicial reform based on victim centric approach, providing witness protection and aims at fast and speedy delivery ofjustice with the use of technology etc."

Sharing flyers to make the students aware of the new criminal laws, the notice further added, "In this regard, flyers are being shared for use by HEIs for creating a sensitization amongst faculty and students about the BNS and its implications for ensuring timely justice. The Higher Educational Institutions are requested to publicize the Bharatiya Nyaya Sanhita, 2023 around the themes contained in the flyers attached and by carrying out campaigns by way of displays through standees, distributing flyers and organizing seminars and talks by lawyers, judges both serving and retired and their respective faculties in their institutions."

Further, UGC has also requested the HEIs to share the details of the activities undertaken with the Ministry of Education or its onward transmission to the Ministry of Home Affairs.

The flyers shared by UGC addressed several myths such as- the new criminal laws threaten individual freedom, aim to establish a police state, they are mere repackaging of existing draconian provisions, extension of custody from 15 to 90 days is shocking provision enabling police torture, sedition is gone but appears as "Deshdroh" in BNS 2023, potential misuse of organised crime offences by involving innocents, myths regarding harsh punishments in hit-and-run cases, etc.

UGC also addressed issues like community service, community service for offences under BNS 2023. It also discussed about the international implications of transforming criminal justice, stakeholder-driver reforms, transformative judicial reforms, etc.

Medical Dialogues had earlier reported that under the Bharatiya Nyaya Sanhita, 2023 Act, which repealed the Indian Penal Code (IPC), doctors are spared from criminal proceedings if the death results from actions done in good faith for the patient's benefit and with their consent.

Recently, highlighting that the medical professionals are constrained to take a calibrated risk often which makes it "difficult to define gross negligence", the Indian Medical Association (IMA) urged the Union Government to clarify the new criminal laws for prosecuting doctors.

In a letter addressed to the Union Home Minister Shri Amit Shah, IMA urged the Central Government to issue an executive order on criminal prosecution of doctors insisting that such an order "may protect doctors being harassed under criminal law."

To view the UGC notice, click on the link below:

https://medicaldialogues.in/pdf_upload/ugc-bns-2023-232541.pdf

Also Read: What is meant by Gross Medical Negligence? Doctors ask govt to clarify