After the death of a female patient due to complications during childbirth, a case of murder was registered against the doctor in charge without any investigation by the police.
According to media reports, Dr Archana Sharma, a doctor in a private hospital in Dausa district, Rajasthan, was so disturbed by the charges that she took her own life.
In her suicide note, Dr Archana Sharma said that she hoped her death would prove her innocence.
What is the Dausa suicide case? What does the law say? What is the reaction of the doctor community on this? FIT breaks it down.
What Happened?
Dr Archana Sharma, a doctor in a private hospital in Dausa district of Rajasthan, allegedly died by suicide on Tuesday, 29 March.
According to the police, a pregnant female patient had died during childbirth after which a case of murder was registered against Dr Sharma.
However, the death of the patient, according to hospital records, happened due to complications related to postpartum haemorrhage related excessive bleeding.
The question, then, being raised is, how did the police register an FIR of murder under IPC 302 without direct investigation?
Indian Medical Associations's ex-president Dr Ajay Kumar told FIT, "it is sad that the patient died due to complications. But in such a situation, legal action should not be taken against the doctor. Doctors can neither be charged under IPC 302 or IPC 304”.
The risk of postpartum haemorrhage, which is known for its associated complications, is high during childbirth. Most postpartum haemorrhages tend to be fatal, with data indicating that 38 percent of maternal deaths in childbirth are caused by this.
What Does the Law Say?
The Supreme Court of India, in its judgment on August 5, 2005, on the Jacob Mathew vs State of Punjab et al., observed, "a private complaint may not be entertained unless the complainant has produced prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor."
"The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam's test to the facts collected in the investigation."The Supreme Court of India
Speaking to FIT, Medico-legal expert Dr Ashwini Setya said, "police have ignored the Supreme Court's decision in this case. IPC 302 cannot be invoked here".
Dr Ashwini Setya's argument was also echoed by Brijesh Kumar Mishra, a senior lawyer practicing in the Supreme Court.
He said, “IPC 302 applies only when it can be proved that the guilty had intent to kill. Without such intent a case cannot be registered under IPC 302."
"Childbirth has a great risk of medical death. A case under IPC 302 cannot be registered here, the Supreme Court has said in other such cases."Brijesh Kumar Mishra, Senior Advocate, the Supreme Court of India
Doctor Communities React
In response to the situation, doctor communities in Jaipur, Delhi and UP voiced their protest.
The Federation of Obstetric and Gynaecological Societies of India (FOGSI) said it was saddened by what happened with the doctor.
“The clause for medical negligence is invoked in such cases. But the police there erred in invoking the provision of intent to murder. This led the doctor to feel humiliated and victimised leading to her death by suicide out of shame and frustration,” FOGSI officials said.
President of Federation of All India Medical Association (FAIMA) Doctors Association Dr Rohan Krishnan took to social media and urged the Chief Minister of Rajasthan to intervene in the matter.
“The IPC 302 imposed by the police gave such unbearable mental stress to a very capable lady doctor that she was compelled to die by suicide. I think the police officer who registered this case should be booked for abetment to suicide."Dr Ajay Kumar, Former President of IMA
Doctors have demanded a thorough probe into the matter and justice for the gynaecologist.
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