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Jail for doctors who deny free treatment---An offer by the Govt for the sincere round the clock service

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  • surendernikhil gupta
      Ref: How can the Govt compel to provide treatment for free? *** Because the medical profession, represented by the IMA, is, apparently,  not against it. If
    Message 1 of 1 , May 22, 2013
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      Ref:
      How can the Govt compel to provide treatment for free?

      ***

      Because the medical profession, represented by the IMA, is, apparently,  not against it. If it were against it, it would have asked its lawyers to render legal opinion / advice as to how to challenge it.

      If the IMA did not challenge section 12(2) of the CEA, 2010, why should it challenge the new provision?

      --M C Gupta

      =========================


      On 22 May 2013 19:40, Dr.sushama Anil <drsushamaanil@...> wrote:
       

      Sir 

      The criminal who committed the crime may escape from going to jail, usually...But the doctor  will definitely go to jail if not given treatment for FREE....
      How can the Govt compel to provide treatment for free?

      Attached herewith the GO in this regard

      Dr.SushamaAnil

      On Wed, May 22, 2013 at 6:46 PM, Dr.sushama Anil <drsushamaanil@...> wrote:
      Dear Sir

      Attaching herewith the GO published in the gazette in this regard.....

      Regards

      Dr.SushamaAnil


      On Wed, May 22, 2013 at 3:48 PM, Girish Kumar <obrienbjc1@...> wrote:
       



      Rtn MPHF Dr Girish Kumar FRCS
      Consultant Ortho Surgeon 
      Sent from my iPhone

      On 21-May-2013, at 7:14 PM, "Dr.sushama Anil" <drsushamaanil@...> wrote:
       

      Jail for doctors who deny free treatment

      Kapil Dave, TNN | May 21, 2013, 04.32 AM IST

      GANDHINAGAR: All private and public hospitals will have to provide completely free treatment to victims of acid attacks or sexual crimes in the state free of charge. Doctor or hospital authorities found refusing such treatment will face up to one year of imprisonment.


      This diktat is part of the notification by the state home department regarding the Criminal Law (Amended) Act, 2013 which was passed by the Government of India in April 2013.

      Section 166(B) of Criminal Law (Amended) Act, 2013 deals with punishment for non-treatment of victims of acid attacks or sexual or physical violence. The state home department order says that whoever is in charge of a hospital, public or private whether run by central government, state government, local bodies or any other person violates these provisions, shall be punished with imprisonment for a term which may extend to one year or with a fine or both.


      before critcising further, what are the actual facts legally in the GOI passed amendment? is this is a central or state govt law? i presume this is a central govt law as state laws passed by the legislative assemblies only get seal of approval from the president if i am right?
      if this is central govt rule, then is the interpretation of gujarat govt correct or wrong factually?






      --
      (Ex)Prof. M C Gupta
      MD (Medicine), MPH, LL.M.,
      Advocate & Medico-legal Consultant
      www.writing.com/authors/mcgupta44


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