10/05/2026
Why does a mother wait 20 years for justice while the doctor who killed her child walks free?
Because the law was never built to hold doctors accountable in India.
In 2005, our Supreme Court borrowed a legal test from England called the Bolam test. It was designed to protect doctors from unfair prosecution. But here's what they didn't tell us: England also has safeguards. England pays families compensation in 1-3 years. In India? Families wait two decades. England pays an average of £204,672 per case. In India? Compensation depends on how poor you are. A daily wager gets less. A middle-class person gets more. A rich person? They mostly never suffer from negligence.
We borrowed the shield without the sword.
Since 1860—not even a handful of doctors have been convicted and imprisoned under Section 304A for medical negligence in a completed trial. Not one. In a country with 1.4 billion people, millions of hospital admissions, and a private healthcare sector worth nearly a hundred billion dollars.
The law exists. But the offender cannot exist.
This is the absurdity that Advocate Nishant Bharihoke breaks down in a powerful new deep-dive. He's not arguing that doctors should be prosecuted for honest mistakes. Medicine is not an exact science. But India's legal framework has become something else entirely—it's become immunity.
The Medical Negligence Board system is broken. Composed of government doctors who socialise with the accused. The private healthcare sector faces no meaningful liability. Compensation is nominal. Investigation is done by the very professional fraternity it's supposed to scrutinize.
And yet victims file. Petition after petition. Court after court. Year after year.
Not because they believe the system will deliver. But because stopping feels like a betrayal of the dead.
Read our full deep dive report on why medical negligence law in India is built on a foundation that was never meant for India.
Story link in the comments section.