This is an archive article published on April 1, 2022
5 Questions: Umesh G Jadhav, BJP MP from Karnataka’s Gulbarga constituency
'I raised the issue of the suicide of a gynaecologist in Rajasthan after a case was registered against her. The issue has been mishandled. Yesterday (Wednesday) was Doctor’s Day and I thought this issue must be highlighted on behalf of doctors.'
Umesh G Jadhav, BJP MP from Karnataka’s Gulbarga constituency
Umesh G Jadhav, BJP MP from Karnataka’s Gulbarga constituency, speaks to Apurva Vishwanath
What is the issue you raised under Rule 377 in Lok Sabha?
I raised the issue of the suicide of a gynaecologist in Rajasthan after a case was registered against her. The issue has been mishandled. Yesterday (Wednesday) was Doctor’s Day and I thought this issue must be highlighted on behalf of doctors.
How has the issue been mishandled?
As per Supreme Court guidelines, an expert group has to take a decision on whether medical negligence took place. These issues are very clinical and not everyone can judge a doctor’s method. Registering a case of Section 302 (murder under the Indian Penal Code) before that has happened is very unjust. From media reports, she asked that her husband and children not be targeted… It shows how distraught the doctor must have been for the safety of her family.
I am a general surgeon myself and I am concerned that a wrong message is going out to medical professionals across the country that a doctor can be harassed and pushed to suicide. Doctors must be given an opportunity to be heard. We need competent doctors in the country.
Do we need a better law to deal with medical negligence?
We can have a better law, but I don’t think that is the answer. I have spoken in support of the law brought to protect doctors during Covid. My heart also goes out to the family of the patient… It is a hard time for them also, but these risks are very common.
How can such situations be handled then?
What we need is better awareness and communication of risks to the family. In emotive situations, no law can stop the family from feeling how they feel. There have been cases like these in my constituency too, even one just six months ago. I intervened and spoke to both sides and consoled the family. But we need to sensitise our police about Supreme Court guidelines that they cannot just register a murder case.
Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More