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Carry on, doctor

Carry-on , doctor: On the amended Bharatiya Nyaya (Second) Sanhita Bill

Doctors must not fear prosecution unless gross negligence is proven

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. I am bringing an amendment today. Doctors have been exempted from punishment [under this section]. The Indian Medical Association [IMA] had requested us [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. In-effect , 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.

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. That, under no circumstances, is acceptable.

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Carry on (phrasal verb) – Continue, persist, maintain, uphold, persevere

जारी रखना; आगे बढ़ो

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Prosecution (noun) – Legal action, litigation, trial, legal proceeding, lawsuit

मुकदमा

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Gross (adjective) – very unpleasant; repulsive, disgusting, abhorrent,

घोर

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Negligence (noun) – Carelessness, neglect, inattention, oversight, dereliction

लापरवाही

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Proverbial (adjective) – Famous, well-known, legendary, traditional, customary

प्रसिद्ध

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Slip between the cup and lip (phrase) – A miss at the last moment, a failure when success seemed certain, an unexpected problem, sudden disappointment, unforeseen issue

अंतिम क्षण में चूक

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Assurance (noun) – Guarantee, promise, assertion, pledge, commitment

आश्वासन

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At variance with (phrase) – In disagreement with, at odds with, conflicting with, contrary to, inconsistent with

से अलग

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Amendment (noun) – Alteration, modification, revision, change, adjustment

संशोधन

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Culpable (adjective) – Blameworthy, guilty, responsible, liable, at fault

दोषी

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Homicide (noun) – Murder, manslaughter, killing, slaying, assassination

हत्या

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Amount to (phrasal verb) – Equal, be equivalent to, be tantamount to, constitute, comprise

के बराबर होना

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Exempt (verb) – Excuse, relieve, free, spare, absolve

छूट देना

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Blanket (adjective) – Comprehensive, total, all-inclusive, universal, sweeping

व्‍यापक

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Exemption (noun) – Immunity, dispensation, freedom, relief, exclusion

छूट

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Imprisonment (noun) – Incarceration, confinement, jailing, detention, custody

कारावास

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In effect (phrase) – Essentially, effectively, in essence, virtually, practically

वास्तव में

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Status quo (noun) – Current situation, existing state, present condition, state of affairs, existing circumstances

यथास्थिति

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Deft (adjective) – Skillful, adept, proficient, dexterous, nimble

कुशल

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Parliamentary Standing Committee (noun) – A permanent committee in a parliament that focuses on a specific area of government affairs.

 संसदीय स्थायी समिति

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Mens rea (noun) – Criminal intent, guilty mind, culpable mind, intent to commit a crime

आपराधिक मानसिकता

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Intent (noun) – Intention, purpose, aim, objective, goal

इरादा

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Pertinent (adjective) – Relevant, applicable, germane, appropriate, related

प्रासंगिक/ उचित

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Index case (noun) – the first known case in a group of people of a disease or medical condition that can be passed on to others, either through infection or in the genes:

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Hold (verb) – to have an opinion, etc.  

कोई राय आदि रखना

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Demonstrate (verb) – Show, illustrate, prove, exhibit, display

प्रदर्शित करना

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Reckless (adjective) – Careless, rash, heedless, irresponsible, thoughtless

लापरवाह

 

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Weight (noun) – Importance, significance, influence, consequence, gravity

महत्त्व

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Lead (to) (verb) – Result in, cause, bring about, contribute to, give rise to

वजह बनना

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Execution (noun) – Implementation, performance, carrying out, enactment, accomplishment

क्रियान्वयन

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Incidence (noun) – Occurrence, frequency, rate, prevalence, instance

घटनाक्रम

 

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Indeed (adverb) – Actually, in fact, truly, really, certainly

वास्तव में

 

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Assault (noun) – Attack, aggression, battery, violence, onslaught

हमला

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Discharge (verb) – Complete or carry out

निर्वहन करना

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Cloud (verb) – Obscure, confuse, blur, muddle, befog

धुंधला करना

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Impair (verb) – Weaken, harm, damage, reduce, deteriorate

बिगाड़ना/ ख़राब करना

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Demonise (verb) – Vilify, denigrate, malign, condemn, stigmatize

दुष्प्रचार करना

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Hold back (phrase) – Restrain, inhibit, suppress, control, withhold

रोकना