IMA AP calls for Central Law to curb violence against doctors

IMA AP State President M. Jayachandra Naidu and General Secretary P. Phanindra highlighted the urgent need for a Central statute to address the growing incidents of aggression towards doctors.  

Expressing their deep concern over the increasing attacks on healthcare workers, the IMA leaders emphasized that a robust Central law would act as a powerful deterrent and reinforce existing state-level legislation. IMA demanded to exempt the medical profession from criminal prosecution by initiating appropriate amendment of the BNS section 106.1 and enforcement of section 26 in cases of alleged medical negligence.     

In a letter to a Member of Parliament, the association pointed out, “Violence on doctors and hospitals has reached epidemic proportions and is a national shame. The Union Government had initiated a Bill on violence against doctors and hospitals. It was even put up for public comment. However, the Bill is yet to be introduced in the Parliament. The Government also protected the doctors during the mindless violence during COVID by amending the Epidemic Diseases Act of 1897.”      

“A central law in the statute on attacks on doctors and hospitals will be a deterrent and would strengthen the lame-duck state legislations in 23 states. Hardly any conviction has happened in spite of numerous violent incidents under these Acts,” the letter added.   

Talking to Medical Dialogues, IMA AP General Secretary P. Phanindra stated, “Mindless criminal prosecution has resulted in harassment of doctors and practice of defensive medicine. It is the responsibility of the Government to provide a safe and amiable atmosphere for doctors to practise their profession without fear of criminal prosecution. The criminal liability of medical negligence is of controversial legality. To establish criminal liability, it is important to ascertain whether the intent to cause harm (mens rea) existed.”  

Pointing out that the unique and distinct nature of medical negligence as different from a crime is evident even at the stage of defining the crime, he further added, “IMA stands by its policy that in the absence of mens rea (criminal intent), doctors can be held responsible only in civil law (Law of Torts). Honourable Union Minister for Home Shri Amit Shah ji acknowledged on the floor of the Parliament that death during treatment is not murder. The new BNS legislation brought up by the Union Government reflects on this aspect in section 26. IMA has requested the Government that the investigating officer should invoke this provision in cases of alleged medical negligence. Section 106.1 may be amended accordingly.”

The association pointed out that IMA demands the application of section 26 in cases of alleged criminal negligence which states, “Nothing, which is not intended to cause death, is an offense by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm”.