In a significant legislative development, Union Home Minister Amit Shah has announced a forthcoming amendment to criminal law that seeks to shield doctors from criminal prosecution in instances of medical negligence.
The current legal landscape treats cases where a patient’s demise results from a doctor’s negligence as criminal offenses, equating them with the gravity of murder.
Criminal Laws Changes: Medical Negligence Will No More Be Criminalized
Shah’s announcement reflects a recognition of the need to revisit this legal framework, a sentiment amplified by the Indian Medical Association’s (IMA) call for a thorough review of such cases.
The envisioned amendment aims to address the existing provision under IPC 304 A, a legal clause that imposes penalties such as imprisonment for a period of up to two years, fines, or a combination of both on individuals found responsible for causing a person’s death through rash or negligent acts not amounting to culpable homicide.
Shah, while presenting three new criminal law amendment bills in the Lok Sabha, assured lawmakers of the government’s commitment to introducing this specific amendment in the near future.
The parliamentary session witnessed the successful passage of three comprehensive criminal law bills, namely the Bharatiya Nyaya Sanhita, designed to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita intended to replace the Code of Criminal Procedure; and the Bharatiya Sakshya Sanhita, seeking to replace the Indian Evidence Act.
Bills Collectively Form A Part of A Broader Initiative
Shah elucidated that these bills collectively form part of a broader initiative aimed at overhauling the country’s criminal justice system, envisioning the establishment of a justice system rooted in Indian ethos and principles.
This legislative endeavor signifies the government’s commitment to addressing concerns within both the legal and medical realms.
By contemplating an exemption for doctors from criminal liability in cases of medical negligence, the government endeavors to strike a delicate balance between ensuring accountability for professional conduct and safeguarding healthcare practitioners from the looming threat of criminal prosecution.
This approach is poised to create a more supportive environment for the medical community, fostering trust and collaboration between healthcare providers and legal frameworks.
The proposed amendment reflects a nuanced and thoughtful approach to legal reforms, acknowledging the complexities involved in determining accountability in the dynamic and challenging field of healthcare. As the government navigates this delicate terrain, the focus remains on promoting a conducive environment for medical professionals while upholding the principles of justice and responsibility in the delivery of healthcare services.
