A Public Interest Litigation has been filed in 2025 ( Writ Petition (Civil) No. 1080 of 2025) by Sameeksha Foundation – A Crusade against Medical Negligence.
The core issue agitated herein is the government’s 20-year inaction in framing the statutory rules mandated by the 2005 Jacob Mathew Judgement . An RTI reply confirmed the National Medical Commission (NMC) has still not framed these guidelines . The PIL argues this has created an “absolutely helpless” situation for victims’ families .
📝The specific prayers in this PIL are as under.
A. Issue a Writ of Mandamus directing the respondents to frame necessary Statutory Rules or Executive Instructions incorporating certain guidelines for time bound inquiries in the matters of the Criminal Medical Negligence cases in compliance of the directions as contained in para 52 of the judgment of this Hon’ble Court, dated 5th August, 2005, in the case of Jacob Mathew Vs. State of Punjab and Another, (2005) 6 SCC 1.
B. Issue a Writ of Mandamus directing the respondents to constitute the Committee/Board consisting of, in addition to doctors, the Retired Judges, Judicial Officers, Retired IAS/IPS Officers, Professors of Universities, persons nominated by National Human Rights Commission (NHRC), Senior Advocates as Amicus Curiae and other eminent persons etc., for conducting inquiries in criminal medical negligence matters.
C. Issue a Writ of Mandamus directing the respondent no. 2 to maintain and publish the consolidated data and status of medical negligence cases in the country in a centralized manner
⚖️ Supreme Court’s Action (December 2025)
On December 1, 2025, the Hon’ble Supreme Court has issued notice to the Central government ( Respondent No. 1 ) and the National Medical Commission ( Respondent No. 2). The court has not changed any guidelines for doctors yet, but has formally sought the Respondent’s response within 4 weeks.
Let us hope the PIL proceeds timely and gives some hope and succor to the medical victims ! We will provide significant updates here, as and when possible.
If you are a sufferer of medical negligence. fraud or corruption and pursuing legal recourses, you are invited to join the Medical Victims Whatsapp Group to interact with others similarly placed in order to learn from each other’s experiences, raise a joint voice, as well as get prima facie legal inputs. For the same, fill form via link https://bit.ly/medvicreg or via QR Code hereunder.
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