News & Views 23rd November 16
Satyagraha by IMA Against ‘Undemocratic’ NMC Bill
The Indian Medical Association (IMA) has termed the National Medical Commission (NMC) bill ‘undemocratic; demanding it should be discarded. To protest against the proposed NMC bill on the call of Headquarters, members of IMA all over the country , observed 2 hour Satyagraha on November 16. The 2 hour protest was held in the form of Dharnas & processions etc. The leaders of various branches submitted a memorandum to the PM through administrative heads of the respective areas. In Hoshiarpur, members suspended their work for two hours .A delegation led by Dr. Rajender Sharma, President elect IMA Punjab, Dr. Ashok Gupta, President local IMA along with myslef, Dr. Pawan Kalia, Secretary, Dr. Sandeep Salaria, Joint Secretary ,Dr. Kuldipsingh Past President IMA Punjab, Dr. Naresh Sud , Dr. Sardul Singh, Dr. NS Sethi, Dr. Sandeep Singh, Dr. HS Saini, Dr. Keshav Sud , Dr. Vijay Sharma, Dr. G S Gill , Dr. Charanjit Singh, Dr. Chaitanya Juneja , Dr. Anoop Kumar and host of other doctors, presented a memorandum of demands to the Prime Minster through Deputy Commissioner, Hoshiarpur. Mrs. Mitra, inspite of the day declared as holiday came to her office to receive the memorandum. She gave a patient hearing to all the demands and agreed on major demands which highlighted the problems to be faced if proposed NMC bill which is to replace existing MCI ,is introduced like hike in treatment costs, high cost of medical education etc. MCI is an independent regulatory and elected body which is being replaced by the nominated body which cannot be autonomous. IMA further stated that the representative charter of the MCI and its fine balance between nominated and elected members was missing in the NMC bill excluding elected members and thus making a ‘mockery of democratic process.’ Other demands made were Cap on compensation in negligence cases, clerical errors in PC PNDT forms not to be equated with sex determination and ban on crosspathy . It may be recalled that this Satyagrah was to be observed on 16th November 2015 but on the assurance of the Union health minister, it was postponed. In one year only an inter- ministerial committee was formed which did nothing in this regard.
IMA delegation meets SSP in Dr. Arvind’s case:
It is more than 1 ½ month that our member Dr. Arvind Kumar was assaulted by some miscreants in front of his house but the police has failed to arrest the culprits so far. In this regard a delegation led by Dr. Rajinder Sharma, President elect IMA Punjab, Dr. Ashok Gupta, Our local President, myself, Dr. Pawan Kalia, Dr. Sandeep Salaria, Dr. Harkanwal Saini & Dr. Naresh Sud along with other members met Mr. Kuldeep Singh Chahal SSP Hoshiarpur. IMA gave SSP a memorandum urging him to arrest the culprits as non arrest of these miscreants is increasing the fear in minds of public in general and doctors in particulars about their safety. The SSP informed that the police has entrusted the job to a DSP. He told that all efforts are being made to apprehend the culprits. He hoped that they will be arrested soon. Soon means how long in police parleys only the police can tell.
Bombay Court Provides Relief on Form F
The Bombay High court has stated that doctors cannot be tried under the sex selection law based on small errors. The judgment stated ‘the omissions of a nature not to mention the mobile number of the patient, full address of the patient with mobile number, difference in signature of the Doctor and other inadvertent mistakes cannot be termed as discrepancy or act of inaccuracy amounting to violation of provisions of the PCPNDT Act.’ It further noted ‘mistakes committed without any criminal intent and merely in the nature of procedural lapses needs to be properly understood before taking drastic action of initiating criminal prosecution against a person in the field of Medical profession. In an appropriate case, if the authority is satisfied that the mistakes were inadvertent and there was no criminal intent behind such procedural mistakes then such person be asked to rectify the mistake and if necessary, such person be appropriately given understanding not to commit such procedural lapse. If there is persistent defaults and lapses on the part of such person, then recourse to stringent provision to prosecute such person may be taken. I may add that IMA is demanding this change in law for the whole country.
Complied by :
Dr. Ashwani K Juneja
Vice President cum Member News & Views Committee
IMA Hoshiarpur
I think, probably, this is last edition of the News and Views under Dr. Ashok Gupta’s tenure as the election for the post of President 2017 have been announced and after the family function in December, the next academic session will be held under the chairmanship of the new President. I thank, the present President Dr. Ashok Gupta to have given me the opportunity to present you this for long two years. I thank my two colleagues of News & Views committee namely, Dr. Kuldip Singh & Dr. Rajinder Sharma who have periodically guided me and helped me, edit the bulletins. I thank all of you who appreciated every edition which encouraged me to put in more efforts.
Thank you.
Dr. Ashwani K Juneja