Demanding a Central law on violence against doctors and hospitals, the Indian Medical Association (IMA) is all set to launch a nationwide ‘Justice for doctors’ campaign from the last week of July to the first week of August.
In an emergency meeting on July 16, national IMA president R.V. Asokan asked all State branches of IMA to gear up for active participation in the campaign. Expressing concern over the increasing instances of violence against doctors, he said, “The ambience in our hospitals is one of fear and mistrust. The violence against doctors and hospitals has reached epidemic proportions.”
Following the meeting, a letter from the IMA to all State branches stated that the Central Government had initiated a Bill on violence against doctors and hospitals. “It was even put up for public comments. However, the Bill is yet to be introduced in Parliament. The government protected the doctors from mindless violence during the pandemic by amending the Epidemic Diseases Act of 1897, which is not in force now. A Central law in statute on attacks against doctors and hospitals will be a deterrent and would strengthen the State legislations in 23 States,” the letter stated.
Opposed to criminal prosecution of doctors
“Mindless criminal prosecution has resulted in harassment of doctors and practice of defensive medicine. There is a legitimate case for exempting the professional service of doctors from criminal prosecution... The criminal liability of medical negligence is of controversial legality. To establish criminal liability, it is important to ascertain whether the intent to cause harm (mens rea) existed. In cases of criminal medical negligence, the intention to cause harm has been replaced by gross negligence. Gross negligence has not been defined in the new criminal law — Bharatiya Nyay Sanhita (BNS),” the letter stated.
Srinivasa S., IMA State president in Karnataka, said IMA stands by its policy that in the absence of mens rea (criminal intent), doctors can be held responsible only in civil law. “We demand the application of Section 26 of BNS in cases of alleged criminal negligence. We have started meeting the newly-elected MPs from our State with an appeal to get the medical profession exempted from criminal prosecution,” he said.
