What is the Indian Medical Association's stance on criminal prosecution of doctors?
IMA) believes that in cases where there is no criminal intent (mens rea), doctors should not be held criminally liable for their actions. Instead, they advocate that such cases should be dealt with under civil law, specifically the Law of Torts.
What
efforts has the IMA made to influence legislation regarding the criminal
prosecution of doctors?
The Indian
Medical Association (IMA) has made several efforts to influence legislation
regarding the criminal prosecution of doctors:
1.
Formation
of a Committee:
At the 229th CWC meeting in April 2023, a committee was formed with the purpose
of addressing the issue of criminal prosecution of doctors.
2.
Submission of Proposals: The IMA submitted its proposals to the Parliamentary
standing committee on the Bharatiya Nyaya Sanhita (BNS) on September 11, 2023.
3.
Appeals to Government Officials: The IMA wrote to Prime Minister
Narendra Modi and Home Minister Amit Shah, requesting intervention to prevent
the BNS from proposing harsher punishments than those outlined in IPC 304 A.
4.
Amendment Influence:
The IMA's efforts led to an amendment by the Home Minister, which limited the
imprisonment for medical practitioners to two years, as per IPC 304 A, and made
them liable for a fine.
5.
Advocacy for Executive Order: The IMA has resubmitted
proposals for amendments and requested an executive order to clarify the
application of BNS sections, ensuring that the intent and consent of the
patient are considered.
6.
Continuous Engagement: The IMA has been engaged in a continuous process of
law-making and negotiations with the government, raising the issue to a
national debate and reaching the Parliament.
7.
Communication with Membership: Dr. R V Asokan, the National
President of IMA, emphasized the association's dedication to the cause and its
intention to keep the membership informed about policy developments.
These efforts demonstrate the IMA's commitment to advocating for the rights of doctors and ensuring that they are not subject to criminal prosecution in the absence of criminal intent.
What
amendments has the IMA proposed to the Bharatiya Nyaya Sanhita (BNS) in
relation to medical practitioners?
(IMA) has
proposed amendments to the Bharatiya Nyaya Sanhita (BNS) to address the
criminal prosecution of medical practitioners. The specific amendments proposed
by the IMA include:
1.
Application
of Section 26 of BNS:
The IMA proposed that section 26 of the BNS should be applied by default,
taking precedence over section 106.1. This section states that "Nothing,
which is not intended to cause death, is an offence by reason of any harm which
it may 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."
2.
Procedures for Investigating Officers: The IMA suggested that if an
investigating officer contemplates recklessness to apply section 106.1, they
should follow the procedures outlined by the Supreme Court in the Jacob Mathew
vs State of Punjab case.
These
proposed amendments are part of the IMA's ongoing efforts to ensure that
medical practitioners are not subject to criminal prosecution for actions taken
without criminal intent and that the law takes into account the nature of
medical practice, including the inherent risks and the consent of the patient.
·
The
IMA has been actively engaged with government officials and parliamentary
committees to influence legislation in favor of their proposals.
· The association continues to work towards an executive order to clarify the application of BNS sections and to protect doctors from being charged with criminal negligence in the absence of recklessness or criminal intent.
Long Live IMA
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