Medical professionals across the country launched protests against the new law proposed by the government to address negligence issues, which could potentially result in jail terms and fines. Dr. Rohan Krishnan, the national chairman of FAIMA, expressed dissatisfaction, stating that the legislation falls short of the promises made in Parliament.
New Delhi: On National Doctor’s Day, instead of joining the celebrations, many doctors, from junior to senior levels, expressed dissatisfaction and anger.
The medical community united in protesting against a particular section in the newly introduced Bharatiya Nyaya Sanhita (BNS), which replaced longstanding British-era laws. These protests took place on National Doctors’ Day, highlighting the medical community’s widespread concerns about this legal change.
The new law mandates that doctors found guilty of a negligent act that does not amount to culpable homicide must pay a fine and face a five-year jail term. Previously, under the Indian Penal Code, the penalty either a fine or a two-year jail term.
While Prime Minister Narendra Modi and Union Health Minister J.P. Nadda extended their greetings and praise to doctors on Doctors’ Day, many medical professionals expressed to this paper that the new BNS law feels like a “gift from the government” meant to punish them.
Reacting to the inclusion of doctors under the new law, Dr. Arun Gupta, President of the Delhi Medical Council, stated,
“Previously, the provision under 304 A did not specifically mention medical professionals and was more general. However, the new law explicitly includes modern medicine practitioners and makes a jail term mandatory.”
He expressed concerns, saying,
“Doctors are worried. This will significantly deter those handling critically ill patients. What kind of protection will they have now?”
In a tweet, he remarked,
“BNS is here. Happy Doctor’s Day from the government. Now, a jail term is mandatory in cases of medical negligence. Think carefully before treating a critically ill patient.”
Dr. Gupta also pointed out that in a previous court case, the Supreme Court noted that police negligence under 304 A must be gross, meaning more severe than ordinary negligence.
Dr. Gupta questioned,
“The Supreme Court had also stated that the police cannot register a case against a doctor without obtaining a prima facie clearance from a competent medical body. So, what will happen to these clauses now that the IPC has been scrapped?”
Dr. R.V. Asokan, National President of the Indian Medical Association (IMA), mentioned that they had conveyed their concerns to Prime Minister Narendra Modi and Home Minister Amit Shah, arguing that doctors should be exempt from the law because they lack criminal intent and no crime is involved. The IMA represents over 3.5 lakh members.
He told,
“The new law has actually increased the punishment for doctors. They don’t deserve this,”
Expressing his discontent, Kerala-based Dr. K.V. Babu said,
“Today, Doctors’ Day 2024, is a dark day for doctors practicing modern medicine in our country.”
The RTI activist said,
“Hundreds of our colleagues sacrificed their lives during the worst of the COVID pandemic. Now, it seems that jail is ‘Modi Sarkar’s gift’ to medical professionals who might get convicted in unfortunate situations when a death occurs during treatment,”
Many also pointed out that during a parliamentary discussion last year on the new law, Shah stated that the criminal law bill had been amended to provide relief to medical professionals in cases of death due to alleged medical negligence.
Shah said,
“Currently, if there is a death due to a doctor’s negligence, it is treated almost like murder. Therefore, I will introduce an official amendment to free doctors from this criminal negligence, as requested by the Indian Medical Association.”
Despite the initial assurances, Dr. Rohan Krishnan, FAIMA national chairman, expressed concerns that doctors are not being exempted from the law and will now face increased punishments of five years instead of two.
He said,
“The promises made in parliament have not been fulfilled. This change in the law can be misused against doctors who are genuinely trying to save patients’ lives. How can a doctor now treat an emergency patient? Doctors will now likely refer serious cases to government hospitals to avoid litigation. Ultimately, it is the patient who will suffer,”
Dr. Rajeev Jayadevan, past president of IMA Cochin, elaborated that modern medical practice often involves performing operations and treatments on critically ill patients.
“Many of these procedures carry an inherent risk of side effects, injury, or even death, which are never intentional. This distinguishes it from homicide, as the actions are taken in the patient’s best interest and with informed consent.”
He told ,
“Despite the best efforts, adverse outcomes can still occur due to the nature of the profession. Unfortunately, the excessive fear of punishment is discouraging doctors from fulfilling their duties, leading many to choose less risky specialties. This will eventually harm critically ill patients whose lives could be saved,”
Dr. Dhruv Chauhan, national council coordinator of the Indian Medical Association-Junior Doctors Network (IMA-JDN), commented,
“This Doctor’s Day, we have received something that no doctor would probably want.”
He said,
“Doctors working in critical departments already face anxiety when treating severely ill patients, worrying about the repercussions if something goes wrong while trying to save a life. If a critical approach leads to an adverse outcome, it is the doctor who has to bear the consequences and suffer. Considering the sensitivity of our profession, doctors should be exempt from such acts,”
Dr. Asokan suggested that the government should provide clear guidelines on the provisions under Section 26 and Section 106 of the BNS to aid investigating officers (IO).
He mentioned that the home ministry could instruct IOs to take action against doctors only when there is clear evidence of recklessness or gross negligence. Additionally, a case should be registered only after consulting the opinion of the state medical expert team, following the protocol already in place in some states.
Under Section 304A of the Indian Penal Code (IPC), any individual who causes the death of a person through a rash or negligent act not amounting to culpable homicide shall be subject to imprisonment for up to two years, a fine, or both.
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Now, under Section 106(1) of the BNS, any individual who causes the death of a person through a rash or negligent act not amounting to culpable homicide shall be subject to imprisonment for up to five years and will also be liable to pay a fine.
Under BNS, if found guilty, imprisonment is mandatory.
The law defines a “Registered medical practitioner” as a medical professional with a recognized medical qualification under the National Medical Commission Act 2019, whose name is listed in the National Medical Register or a State Medical Register as per the Act.