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Decriminalization of Medical Negligence in New Indian Criminal Law

Decriminalization of Medical Negligence in New Indian Criminal Law

Explore the recent announcement by Union Home Minister Amit Shah on the Decriminalization of Medical Negligence in New Indian Criminal Law in India. Understand the proposed legislative changes and their impact on the justice system. Stay updated with our comprehensive coverage of legal reforms.

In a significant move, Union Home Minister Amit Shah declared the decriminalization of medical negligence resulting in death under the proposed Bharatiya Nyaya Sanhita bill. The existing provision, Section 304A of the Indian Penal Code, currently penalizes such negligence with imprisonment, fine, or both.

Decriminalization of Medical Negligence in New Indian Criminal Law

Shah, addressing the Lok Sabha, revealed that the decision to amend the law came after the Indian Medical Association approached the Ministry, urging a review of the offense. The proposed bill aims to relieve doctors from criminal liability in cases of fatal medical negligence.

Legislative Changes

The Bharatiya Nyaya Sanhita bill is part of a broader legislative overhaul, including the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bill. These bills aim to replace outdated colonial-era laws, reflecting a paradigm shift in India’s justice system.

Existing Legal Framework OF Decriminalization of Medical Negligence in New Indian Criminal Law

Under Section 304A, individuals charged with medical negligence leading to death face imprisonment of up to two years, a fine, or both. The move to amend this section underscores a critical reassessment of existing criminal laws, criticized by Shah for being rooted in a colonial mindset focused on punishment rather than justice.

Parliamentary Proceedings ON Decriminalization of Medical Negligence in New Indian Criminal Law

During the recent Lok Sabha debate, Shah emphasized the need to establish a justice system aligned with Indian principles. The bills received approval through a voice vote, with a notable absence of a significant number of Opposition MPs, suspended for the remainder of the Winter Session.

Frequently Asked Questions

Q1: Why is the government decriminalizing medical negligence?

A1: The decision to decriminalize medical negligence stems from a recommendation by the Indian Medical Association and a broader effort to modernize and align legal frameworks with Indian values.

Q2: What are the key changes proposed in the Bharatiya Nyaya Sanhita bill?

A2: The bill seeks to eliminate criminal liability for doctors in cases of fatal medical negligence, marking a departure from the current provision under Section 304A of the Indian Penal Code.

Q3: How will the proposed legislative changes impact the overall criminal justice system?

A3: The legislative changes, including the three bills introduced by Amit Shah, aim to establish a justice system rooted in Indian thinking, with amendments to existing sections and the addition of new provisions.

Conclusion

The decriminalization of medical negligence is a pivotal step in reforming India’s criminal justice system. The proposed bills signify a departure from colonial-era laws, aligning the legal framework with contemporary Indian values.


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