Breaking News: Home Minister Amit Shah Promises to Decriminalize Medical Negligence deaths
New Delhi: In an unprecedented move, Union Home Minister Amit Shah has promised in the Parliament to decriminalise deaths due to medical negligence by doctors, drawing a big cheer from the entire medical fraternity.
Addressing the Lok Sabha, the Home Minister stated, "Currently, if there is a death due to negligence of a doctor, it is also treated as criminal negligence, almost akin to murder. Hence, I will bring an official amendment now to free the doctors from this criminal negligence."
"Indian Medical Association had asked us to look into the matter. And hence we have decided to free the doctors from the culpability of criminal negligence," the Minister said while addressing the Lok Sabha.
Criminal Negligence is a very bothersome and painful point for the medical fraternity. Currently, criminal negligence is dealt under IPC 304 A, which is causing death due to negligence.
As per IPC 304 A, whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
However, the problem for doctors in reality does not end there, as many of the doctors are tried in the IPC 304 rather than IPC 304 A. While 304 A deals with charges of causing death due to negligence, IPC 304 deals with charges of Culpable homicide not amounting to murder.
Accused, who are charged under IPC 304 are punished with life imprisonment or imprisonment for up to ten years, and they may also be fined, depending on whether the act was done with the intention of causing death or with the knowledge that is is likely to cause death.
There has been a long-standing demand from the medical fraternity, that death due to to negligence of doctors should not be treated as criminal negligence.
Medical Dialogues in 2022 reported the story and the unfortunate death of Dr. Archana Sharma, a gynecologist, who had committed suicide after being booked for alleged medical negligence.
Her patient had died due to postpartum hemorrhage (PPH) post-delivery. However, the family of the patient created a ruckus at the hospital and lodged an FIR against the late gynecologist and her husband. Holding negligence against both of the doctors, the family of the patient demanded that the two should be booked under IPC section 302 (which prescribes the punishment to murder).
Based on the allegations of the family, the police registered an FIR under IPC section 302 (Murder). Unable to face the harassment, the doctor took the extreme step of ending her life.
Amidst this, Union Home Minister's announcement to decriminalise medical negligence by doctors has been welcomed by the medical fraternity. The announcement by the Home Minister comes after the Indian Medical Association (IMA) wrote to him raising the issue.
In a letter dated 22.11.2023, IMA requested the Government of India and the Union Home Ministry to exempt professional medical practice from criminal prosecution and to consider medical negligence only under the Law of TORTS. "The prime component of a crime mens rea is absent between a doctor and the patient during any treatment. We trust that the above appeal of the medical profession of India is under your active consideration. We had also submitted to define medical accident in the new Bharatiya Nyaya Sanhita 2023," the association had mentioned in the letter.
"However, we understand that the new Law has not taken cognition of the representation of the medical profession. Moreover, as the Bill stands today doctors will not only be prosecuted but will be sentenced up to 7 years instead of the current 2 years. We humbly put up to you that the medical profession is greatly disturbed on this count. If the Government is considering our appeal, we expect a good gesture of atleast not raising the punishable years," the association had further mentioned.
In the letter, IMA had urged the Minister to treat doctors differently and the association had also placed reliance on the Supreme Court order in the case of Jacob Mathew Vs State of Punjab 2005, to highlight that the Apex Court "had reiterated that such a consideration for doctors and the medical profession is entirely justified."
