Earnest appeal to Prime Minister on the eve of Doctor's Day

 

                                    To the Honorable Prime Minister of India,

                                                           Season's Greetings 

I . The alarming rise in attacks on doctors and hospitals across the country demands immediate and decisive action on a national level. While 23 states have enacted legislation to address this issue, the absence of a central law has rendered these state laws ineffective, leading to a shockingly low conviction rate despite numerous violent incidents. This lack of deterrent action has created a climate of fear and insecurity, hindering the provision of quality healthcare to our citizens.

The current legal framework often fails to distinguish between genuine medical mishaps and malicious attacks, subjecting doctors to undue pressure and criminal prosecution even in cases where there is no negligence or criminal intent. This is further compounded by the fact that even Honorable Union Minister for Home Affairs, Shri Amit Shah ji, acknowledged in the Parliament that death during treatment is not necessarily murder. This sentiment is echoed in Section 26 of the Bharatiya Nyaya Sanhita, which explicitly states that 'an act not intended to cause death, done by consent in good faith for the person's benefit,' is not a criminal offense. Therefore, enacting a central law specifically addressing attacks on doctors and hospitals is imperative not only to protect healthcare professionals but also to safeguard the interests of patients. This legislation should clearly define the boundaries of criminal liability in medical practice, ensuring that doctors are not unjustly targeted for genuine medical errors or unforeseen complications.

Furthermore, a comprehensive legal framework will provide much-needed clarity and strengthen the existing state laws, thereby creating a more robust system of accountability and protection.

The Union Government must also issue a circular memorandum outlining a clear procedure for handling cases of alleged medical negligence, ensuring that doctors are not subjected to unnecessary investigations and legal battles. This will not only remove the sword of Damocles hanging over the heads of our doctors but also instill confidence in their ability to make crucial decisions in critical moments, ultimately benefiting the patients who rely on their expertise.

We urge you to take immediate steps to enact this much-needed central legislation, ensuring a safer and more conducive environment for healthcare delivery in India.

 II. On the eve of Doctor's Day, we make an earnest appeal to your good office to consider the plight of the medical fraternity and relax the medical profession from ambit of the Consumer Protection Act, 2019. Even though when this act passed in parliament with the notion that medical services to be removed from ambit of CPA act,courts interfered  as it applies to healthcare services. 

Doctors are dedicated professionals committed to providing the best possible care to their patients, but they cannot guarantee a cure. The inherent uncertainties of medical science make it impossible to predict with absolute certainty the outcome of any treatment. Internationally, recognizing this fundamental truth, the services of medical professionals are largely kept outside the purview of consumer protection laws. 

In May 2024, the Supreme Court itself ruled in the landmark case of Bar of Indian Lawyers vs D K Gandhi PS National Institute of Communicable Diseases and Ors that complaints against lawyers cannot be decided by consumer courts. This precedent underscores the importance of safeguarding the professional autonomy and integrity of service providers in fields where outcomes are inherently uncertain.

 If legal services, which are similarly governed by ethical codes and professional standards, are exempt from consumer courts, why should medical services be subjected to the same scrutiny? The current situation creates an environment of fear and uncertainty for doctors, leading to defensive practices that can compromise patient care. 

It is imperative to ensure that doctors can focus on providing compassionate and effective care without the constant threat of frivolous legal action. We urge the Prime Minister to consider this appeal and take necessary steps to protect the medical fraternity from the undue burden of the Consumer Protection Act, allowing them to fulfill their noble calling without fear or hesitation.

On the auspicious occasion of Doctor's Day, we, the members of the medical fraternity, extend our heartfelt gratitude for your unwavering support and leadership and an earnest appeal for   your commitment to ensuring the safety and well-being of medical professionals is not only commendable but also essential for the nation's well-being.

 

Note:  Section 26 of Bharatiya Nyaya Sanhita talks about “Act not intended to cause death, done by consent in good faith for person's benefit.