The Lok Sabha has passed two bills that aim to reform the criminal justice system in India. The bills, introduced by Home Minister Amit Shah, are the Criminal Law (Amendment) Bill, 2023, and the Code of Criminal Procedure (Amendment) Bill, 2023.
One of the key changes proposed by these bills is to decriminalize deaths caused by doctors due to medical negligence. This means that doctors will not face imprisonment or prosecution for unintentional errors or mistakes in their treatment of patients.
Why is this change necessary?
According to Amit Shah, the current law is harsh and unfair to doctors, who often work under stressful and challenging conditions. He said that doctors are the “backbone” of the health sector and they deserve respect and protection from the law.
He also cited the rising cases of violence and attacks against doctors by angry relatives of patients who die or suffer complications due to medical negligence. He said that such incidents demoralize and endanger the medical fraternity and affect the quality of healthcare in the country.
He added that the new bills will ensure that doctors are held accountable only for deliberate or malicious acts of negligence, and not for honest mistakes or errors of judgment. He said that this would boost the confidence and morale of doctors and encourage them to serve the people with dedication and professionalism.
How will the new bills benefit the public?
The new bills will also benefit the public by introducing several reforms and improvements in the criminal justice system. Some of the main features of the bills are:
- Simplifying and streamlining the procedures for filing and investigating criminal cases, and reducing the scope for delays and corruption.
- Enhancing the rights and safeguards of the accused, witnesses, and victims, and ensuring fair and speedy trials.
- Increasing the penalties and punishments for serious and heinous crimes, such as rape, murder, terrorism, and cybercrime.
- Strengthening the protection of women, children, and vulnerable sections of society from violence and abuse.
- Promoting the use of technology and digital evidence in criminal investigations and trials, and creating a national database of criminals and offenders.
What is the reaction of the medical community?
The medical community has welcomed the new bills and expressed gratitude to Amit Shah for addressing their long-standing demand of decriminalizing medical negligence. The Indian Medical Association (IMA), the largest body of doctors in the country, has hailed the bills as a “historic” and “landmark” step that will safeguard the dignity and safety of doctors.
The IMA has also thanked Prime Minister Narendra Modi for his vision and leadership in bringing about the much-needed reforms in the criminal justice system. The IMA has said that the new bills will strengthen the trust and cooperation between doctors and patients, and improve the delivery of healthcare services in the country.
