IMA delegation led by Dr Dilip Bhanushali, National President, IMA, Dr Anilkumar J Nayak, National President Elect, IMA and Dr Sarbari Dutta, Hony. Secretary General, IMA met Honourable Union Minister for Home Affairs, Shri Amit Shah Ji in his office on March 20, 2025.
IMA presented the following viewpoints regarding Executive Order on Criminal Prosecution of Doctors and Protection of health care professional against violence and a need of Central Law in this regard.
1. Whenever a complaint of criminal negligence is taken up by the investigating officer provisions of section 26 of BNS shall take precedence. Provisions of section 106 should be considered only when the officer is satisfied of the recklessness or gross negligence.
2. When the investigating officer is satisfied that section 106 cannot be excluded he may follow the procedures as enunciated by the judgement of the Supreme Court of India Jacob Mathew Vs State of Punjab.
During the discussion on the Executive Order regarding the criminal prosecution of doctors, Shri Amit Shah assured that he would consider the demands of the Indian Medical Association (IMA).
We also requested him for the enactment of a Central Law to address violence. During the discussion, Shri Amit Shah expressed that the Government would consider this matter with empathy and understanding.
