Capital Punishment: IMA oppose Doctor's presence, writes to MCI

Kalyan Ray, DH News Service, New Delhi, Oct 24 2017, 19:41 IST
  The global body of medical professionals was approached last year by a section of Bangaldeshi doctors, who resented their participation in the capital punishment process. File photo

The global body of medical professionals was approached last year by a section of Bangaldeshi doctors, who resented their participation in the capital punishment process. File photo

India's largest body of doctors has written to the Medical Council of India, opposing the participation of doctors in the hanging process, as mandated by jail manuals.

“Indian Medical Association holds the view that no doctor should be present during the process of execution. This is a violation of medical ethics and therefore a professional misconduct,” K K Agarwal, national president of IMA and R N Tandon, secretary general of the IMA wrote.

The IMA letter comes in the wake of a similar resolution adopted by the World Medical Association earlier this month.

The global body of medical professionals was approached last year by a section of Bangladeshi doctors, who resented their participation in the capital punishment process.

After multiple rounds of internal discussions the global body adopted a resolution which states, “it is unethical for physicians to participate in capital punishment, in any way, or during any step of the execution process, including its planning and the instruction and/or training of persons to perform executions.”

In their letter to the MCI president Jayashree Mehta, the IMA duo cited the WMA resolution to argue against the practice as written in multiple prison manuals. Nearly three lakh doctors are members of the IMA.

“Doctors are required to monitor vital signs during the process of execution and look for signs of life and then pronounce death. This is against the core tenets of medical ethics of “do no harm” (non-maleficence) and “do good” (beneficence),” Agarwal and Tandon wrote.

Jail doctors certify if the capital punishment convict is fit for hanging. In 2014, on the basis of the medical reports Sikh militant Devinderpal Singh Bhullar's execution – convicted for a car bombing in Delhi more than two decades ago – was converted to a life sentence.

“We are not opposed to capital punishment per se, but only against the involvement of doctors. Jail manual can't decide on medical ethics. We are for a debate on this issue,” Agarwal told DH.

The debate is not a new one. The WMA in 1981 came out with a “Resolution on Physician Participation in Capital Punishment”, which was amended it in 2008. Closer home, the National Human Rights Commission too opposed the involvement of doctors in the hanging process.

“It is unethical for physicians to participate in capital punishment, in any way, or during any step of the execution process, including its planning and the instruction and/or training of persons to perform executions. The WMA requests firmly its constituent members to advise all physicians that any participation in capital punishment as stated above is unethical.” stated the WMA resolution.

"One must understand the serious implications of this because if doctors withdraw there can't be any legal hanging. Should the WMA pass such a dictate," G S Grewal, former president of Punjab Medical Council commented.
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