SC refers unqualified doctors issue to larger bench

New Delhi, June 7 (UNI) The Supreme Court today referred to a larger bench the issue whether a doctor who is not qualified, as per the statutes, to conduct an abortion, can also claim the protection of the earlier judgement of this court.

A bench headed by the then Chief Justice RC Lahoti had held that a doctor cannot be held responsible for the offence of criminal negligence unless and until gross negligence and carelessness in the treatment of a patient is proved.

A vacation bench comprising Justices Arijit Pasayat and B P Singh referred the issue when it was brought to the notice of the court that neither of the two appellants Dr Neeta Jain and Dr Prafulla Jain were qualified to conduct the operation as neither of the two had an MD degree nor were they gynaecologists.

The respondent Prem Chand Tantuway had lodged a criminal complaint against the two doctors after his wife Bhavana died on April 21,1998 during an operation conducted to remove a seven month dead baby from her womb.

The appellant filed a petition under section 482 CrPc for quashing of the criminal proceedings but Madhya Pradesh High Court dismissed their petition on May 9, 2001.

The two doctors challenged the judgement of Jabalpur bench of state High Court on the ground that their nursing home, Ashirwad Clinic, was registered for such operations and doctor Neeta Jain was properly qualified for carrying out such operations hence no offence under section 269 IPC was made out against the appellants and high court had committed a grave error in dismissing their petition in violation of the judgement of this honourable court which gives protection to the doctors unless and until gross negligence and carelessness on the part of the doctor is proved.

UNI