False

$show=search/label/May%202022

 


Punishment for doctors in death due to negligence UPSC NOTE

 Amendment related to the punishment for doctors

  • The proverbial slip between the cup and lip was in evidence when the Union Home Minister’s assurance on the floor of the Lok Sabha was at variance with the actual amendment on punishment for doctors in cases of death due to negligence

  • Amit Shah initially said: “If someone died due to medical negligence by doctors it was treated as culpable homicide not amounting to murder

  • Doctors have been exempted from punishment The Indian Medical Association had requested the government for the exemption. 

  • The amended Bharatiya Nyaya (Second) Sanhita Bill, 2023, passed since, however did not provide that blanket exemption to doctors

  • Instead, the amended Section 106(1) specifies that a registered medical practitioner (RMP) shall be punished with imprisonment up to two years and a fine. 

  • The punishment for doctors as specified under Section 304(A) of the Indian Penal Code that the BNSS replaces, has been retained. 

  • With the IMA still thanking the government despite the status quo situation, a deft look behind the scenes reveals that a draft Bill

submitted to the Parliamentary Standing Committee on the issue, actually suggested a seven-year imprisonment term for death due to negligence in case of an RMP

  • The IMA then submitted to the Standing Committee that there was no mens rea or criminal intent in the relationship between the patient and the doctor, and thus the increased punishment was not justified. 

  • The committee then reduced the imprisonment to five years, which finally rested at two years, as the law was passed.

Legal case of Jacob Mathew vs State of Punjab & Anr. (2005)

  • It is pertinent to look at the index case that defined guidelines relating to medical negligence — Jacob Mathew vs State of Punjab & Anr. (2005). 

  • The court held that the negligence should be ‘gross’, of a significantly high degree, and consequently, criminal liability would come up only if the physician’s act can be demonstrated to be negligent or reckless, causing death

  • Even during prosecution, at various levels, the weight is on the opinion of a similarly qualified expert on whether negligence on the part of the doctor led to death. 

  • While it may be argued that doctors thus enjoy adequate protection under the law in the execution of their duties, the reality is that the incidence of violence against medical professionals is indeed increasing

  • To offer doctors refuge from fear of assault while discharging their duty, and to ensure that any decision made is not clouded or impaired from such fear is important

  • No one is above the law, but any attempt to demonise doctors for deaths that occur may cause them to hold back from giving patients the best available care. 

COMMENTS

Name

Amritsar,1,Art & Culture,1,August 2023,251,Courses,7,Daily Current Affairs,48,December 2023,189,Disaster Management,2,Environment and Ecology,54,February 2024,180,Foundation Course,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,67,Govt Schemes,2,GST,1,History,2,Home,3,IAS Booklist,1,Important News,71,Indian Economy,46,Indian History,2,Indian Polity,56,International Organisation,12,International Relations,58,Invasive Plant,1,January 2024,240,July 2023,281,June 2022,6,June 2023,268,May 2022,17,Mentorship,2,November 2023,169,October 2023,203,Places in News,2,Science & Technology,66,September 2023,205,UPSC CSE,111,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Punishment for doctors in death due to negligence UPSC NOTE
Punishment for doctors in death due to negligence UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2023/12/punishment-for-doctors-in-death-due-to.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2023/12/punishment-for-doctors-in-death-due-to.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content