Criminalizing Care: India’s War on Doctors
In a country where healthcare is a privilege, India’s medical community faces an alarming trend—criminal prosecution for attempting to save lives. From legal threats to mob violence, doctors are punished for working in broken systems. This is Episode Four: Criminalizing Care.
The Cases That Ignited the Crisis
Recent incidents highlight the growing threat to healthcare workers:
– Maharashtra: A surgeon arrested after a high-risk surgery death, despite documented consent.
– Uttar Pradesh: A rural doctor attacked by a mob after a dengue fatality, with no negligence proven.
– Delhi: A hospital charged criminally for a COVID-19 death amid oxygen shortages.
These cases reveal a pattern: justice before investigation, where doctors are scapegoats for systemic failures.
Legal Gray Zones: When Medicine Meets the Law
India’s Section 304A (death by negligence) is meant for gross malpractice—yet it’s weaponized against doctors for unavoidable tragedies. The Supreme Court’s Jacob Mathew v. State of Punjab (2005) ruled that only “gross negligence” warrants charges. But lower courts ignore this, bending to public outrage.
Doctors on the Brink: The Human Toll
The consequences are dire:
– Rural healthcare collapse: Physicians reject emergencies, fearing prosecution.
– Mental health crisis: 72% of doctors fear criminal cases (IMA, 2023), with many quitting early.
– Patient harm: When doctors withdraw, the most vulnerable suffer.
Systemic Failure, Not Just Medical Error
The real culprits? Underfunded hospitals, staff shortages, and missing infrastructure. Yet, instead of reforms, India blames individuals. Countries like the UK use no-fault compensation—India lacks even malpractice insurance.
Solutions: Protecting Doctors, Saving Patients
- Legal reforms: Amend Section 304A to prevent misuse.
- Stronger safeguards: Fast-track grievance redressal, shield good-faith care.
- Public education: Teach medical limitations to reduce mistrust.
Until then, India’s message to doctors remains: “Care at your own risk.” And patients pay the price.
—NextMinuteNews
