IMA’s Massive Protest against 'Criminal Prosecution' of Doctors in BNS, Violence against Medics

The month-long protest programme of the IMA will culminate with the submission of a memorandum to Prime Minister Narendra Modi and Home Minister Amit Shah. The State branches of IMA will also bring attention to the newly elected MPs over their issues.

New Delhi : Officially registering their protest against criminal prosecution of doctors in the newly implemented criminal laws as well violence against doctors, the Indian Medical Association (IMA) has launched a month-long massive campaign from July to August.

Disclosing this to ETV Bharat on Friday, IMA President Dr RV Ashokan said that the month-long programme will culminate with the submission of a memorandum to Prime Minister Narendra Modi and Home Minister Amit Shah.

“During the month-long agitational programme, IMA members of all State branches will meet the newly elected MPs from their region to get their attention over our legitimate demands,” said Dr Ashokan.

Referring to the newly implemented Bharatiya Nyaya Sanhita (BNS), Dr Ashokan said that according to section 106(1) whoever causes 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 five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing a medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to a fine.

“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). Accordingly, IMA is committed to work towards exempting the doctors from criminal prosecution,” said Dr Ashokan.

He said that IMA submitted its proposals to the Parliamentary standing committee on BNS on September 11 last year. Subsequently, the IMA also met several MPs in this direction.

Significantly, a day before the three new criminal laws have been implemented in the country on July 1, IMA has also appealed to Prime Minister Narendra Modi to issue a circular memorandum on provisions under Sections 26 of the Bharatiya Nyaya Sanhita (BNS).

The IMA has suggested that cases of alleged medical negligence should first be registered under Section 26 of the newly-enacted criminal code.

According to Section 26 of the BNS, “A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence.”

The doctors’ association argued that an order from the PMO providing further clarifications on provisions under Sections 26 of the BNS should be issued for the benefit of investigating officers.

Referring to the violence on doctors and hospitals, the IMA president said that the situation has reached epidemic proportions.

“The central Government had initiated a Bill on violence on doctors and hospitals. It was even put up for public comments. However, the Bill is yet to be introduced in the Parliament,” said Dr Ashokan.

He said that the central Government also protected the doctors during the mindless violence during Covid by amending the Epidemic Diseases Act of 1897.

“A central law in statute on attacks on doctors and hospitals will be a deterrent and would strengthen the lameduck state legislations. Hardly any conviction has happened in spite of numerous violent incidents,” said Dr Ashokan.

During the second regime of the Narendra Modi government, a draft of the Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 was prepared and was also circulated for consultations.