Seminar Paper– III “Health Law”

(10th Semester)
Course Module
Academic Session (January –May 2016).
Chanakya National Law University.

Course Teacher- Kumar Gaurav

Objectives
Health care industry and law are subjects with an inherent dynamism. There expanding
dimensions with enduring research and advancements in technology increases its
complexity because it touches socio, legal and ethical contours of human civilization. To
understand the intricacies of this nascent field of law needs a comprehensive study with a
detailed module comprising all possible health concerns of human being. Taking into
consideration of the above said issues, module of this Seminar paper is developed.

The objective of seminar paper is to train a student to write a comprehensive project work.
It helps the student to sharpen the writing and research skill with detailed references and
resources consulted. Apart from this module is prepared with an objective to develop
student’s legal acumen in health law regime. It will help them to understand the role of
governments and law in promoting and protecting health, including the functions of courts,
legislatures, and administrative agencies in relation to health care law and policy;
understand the relationship between the legal system, health care providers, and patients;
be able to identify and analyze legal issues in health care; and be able to effectively
communicate, both orally and in writing, the interpretive understanding of a case, statute,
and complex regulatory scheme.

Total No of Lectures: 60

Module I Health: Meaning and Concept, International Instruments and Constitutional

Safeguards for Health. (15 Lectures)

1. Introduction:

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  Meaning and Concept of health;
 Factors affecting health;
 National Health Policies.

3. International Instruments to improve Health:

 Right to health- International Perspectives:

 Role of WHO;
 Nuremberg code;
 Helsinki Declaration;
 ALMATA Declaration;
 Health Scenario under TRIPS;
 And other important International Instruments for health.
2. Constitutional Provisions relating to Health:

 Entries relating to health under Schedule VII;

 Provisions under Directive Principles;
 Health as a part of Right to life;
 Fundamental duties;
 Power of State to regulate Trade and Commerce for securing health of people.

Module II Health Law and related Legislations (30 Lectures)

4. Health Law: Legislative Perspective

 Legislations relating to public health- Object, salient features of the acts regarding
health
 Drugs and Cosmetic Act, 1940.
 Environment Protection Act-1986.
 Maternity Benefits Act, 1961.
 Medical Termination of Pregnancy Act, 1971.
 Mental Health Act, 1987 and Mental Health Care Bill.
 Narcotic Drugs and Psychotropic substance, Act, 1985.
 Pre-Natal Diagnostic Techniques (Regulation and prevention of misuse) Act, 1994.
 Prevention of Food adulteration Act, 1954.
5. Medical Profession and Patient Rights

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  Doctor and Patient relationship
 Medical Negligence (Sec-304 A of I.P.C.) and medical malpractices.
 Patient Rights: Consent and Informed Consent.
 Confidentiality
 Duty to take care and duty to treat
 Indian enactments on ethical obligation
 Medical Council Act,1956 and code of medical ethics 1972
 The Indian Nursing Council Act. 1947.
6. Hospital Administration and their liability in the cases of Negligence.
 Legal Regulation of Medical establishment – Registration.
 Management of Hospital and legal Regulations
 Professional liability of Hospitals
 Civil liability –Tort
 Criminal liability-Indian Penal Code.
 Contractual liability
 Statutory liability -consumer protection Act, 1986
 Medical waste disposal
 Bio Medical waste (Management and handling) rules 1998
 Health Insurance and Law.
Module III Emerging Scientific Developments and their Legal and Ethical Implications on
Health (15 Lectures)

7. Bioethics- Issues and challenges

 Organ Transplantation
 Medical Termination of Pregnancy
 Reproductive technology – Surrogate Motherhood
 Euthanasia
 Sex-determination Techniques.

8. Law and Biotechnology

 Bio-technology and Human Health
 Genetic engineering.

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  Gene Patenting and legal issues.
 Genetic screening: Uses and abuses of amniocentesis
 Cloning of human beings.
 Other related issues.

Suggested Readings

1. Barnard Knight, American Medical Practice,[1992], Churchill Livingstone, London

2. Bridgit Diamond, Legal Aspect of Care in the Community, (1997), Macmillan Press Ltd.,
London
3. Diane Longley, Health Care Constitution, [1996],Cavendish Publishing Ltd., London
Freemain- Law and Medicine
4. Micheal Davies- Textbook on Medical law
5. Jonathan Herring- Medical Law and Ethics
6. R.K. Bag- Medical Negligence and Compensation
7. S. V. Jogarao- Current Issues in Criminal Justice and Medical Law
8. Modi’s Medical Jurisprudence
9. Mason and Mc Call Smith- Law and Medical Ethics
10. Dr. Lily Srivastava – Law and Medicine, Universal Law Publishing Co.
11. K. Kannan-Medicine and Law, Oxford University Press.

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 HEALTH LAW
10th semester (2016)
PROJECT TOPICS
SECTION- A

Sl. No. Roll No. Project Topics

1 502
SATUS OF MENTAL HEALTH IN INDIA : A LEGAL STUDY

2 503
INFORMED CONSENT IN CLINICAL TRIALS: INDIAN PERSPECTIVE

3 505
MEDICAL RESEARCH ON HUMANS

4 506
A LEGAL STUDY OF INFORMED CONSENT IN CLINICAL TRIAL

5 507
SEX SELECTION AND MEDICAL TERMINATION OF PREGNANCY: A CRITICAL STUDY

6 508
IMPORTANCE OF DNA PROFILING AND GENETIC INFORMATION FOR STATE

AGENCIES.

7 510
EVER GREENING OF PATENT IN PHARMACEUTICAL INDUSTRY WITH SPECIAL

REFERENCE TO LEAST DEVELOPED COUNTRIES

8 511
PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT) ACT, 1994:

A CRITICAL STUDY

9 512
DOCTRINE OF INFORMED CONSENT IN DOCTOR PATIENT RELATIONSHIP

10 514
HUMAN CLONING : LEGAL AND ETHICAL ISSUES

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11 517
CONSENT IN CLINICAL TRIAL : CONTEMPORARY STATUS IN INDIA

12 522
EFFECTIVE DRUG REGULATION: A COMPRATIVE STUDY

13 523
SURROGATE MOTHERHOOD: ETHICAL OR COMMERCIAL.

14 525
LAW ON BIOSAFETY OF GENETICALLY MODIFIED

ORGANISMS: HEALTH CONCERNS

15 526
EUTHANASIA : A LEGAL CRITIQUE

16 527
CRITICAL STUDY OF HOSPITAL ADMINISTRATION & THEIR LIABILITY

17 529
PATENTING OF TRADITIONAL AND INDIGENOUS KNOWLEDGE : SPECIAL REFRENCE

TO HEALTH LAW

18 530
MEDICAL NEGLIGENCE - VARIOUS DIMENSIONS

19 532
CONFIDENTIALTY AND PRIVACY : PATIENT RIGHTS

20 533 RIGHT TO EMERGENCT MEDICAL AID: JUDICIAL APPROACH

21 534
MEDICAL NEGILGENCE AND LIABILITY OF MEDICAL PRACTIONERS

22 537
HEALTH LAW : LEGISLATIVE PERSPECTIVE

23 538
CONSUMER PROTECTION LAWS IN INDIA WITH SPECIAL REFERENCE TO HUMAN

HEALTH A SOCIO LEGAL STUDY

24 539
INFORMED CONSENT AND MEDICAL ETHICS : A CRITICAL STUDY ON ITS

IMPLEMENTATION

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25 541
A COMPARATIVE STUDY OF MENTAL INSANITY AND LEGAL INSANITY

26 542
REPRODUCTIVE RIGHTS OF WOMEN

27 543
GENDER VULNERABILITIES : WOMEN’S HEALTH & ACCESS TO HEALTHCARE IN

INDIA

28 544
RIGHT TO EMERGENCY MEDICAL AID IN INDIA : A LEGAL STUDY

29 546
MEDICAL NEGILIGENCE IN INDIA : JUDICIAL APPROACH IN INDIA

30 548
DEVELOPMENT OF HEALTHCARE SYSTEM IN INDIA : CONSTITIONAL PERSPECTIVE

31 550
STANDARD OF CARE IN MEDICAL NEGLIGENCE: COMPARISON WITH LAWS OF

OTHER COUNTRIES.

32 552
HEALTH AND CONSTITUTIONAL PROVISIONS RELATING TO HEALTH

33 553
CONSENT WITH REFRENCE TO EUTHANASIA

34 554
NOVATIS VERDICT AND RIGHT TO MEDICINE

35 555
THE ROLE OF STATE IN THE IMPLEMENTATION OF HEALTH POLICIES AND LAWS

36 556
HEALTH INSURANCE : COMPARATIVE STUDY

37 559
MEDICAL RESEARCH ON HUMAN BEINGS : LEGAL ISSUES INVOLVED

38 560
BLACK MAGIC AND QUACKS IN INDIA : A CRITICAL STUDY

39 561
ORGAN TRANSPLANTATION IN INDIA AND JUDICIAL APPROACH : A CRITICAL

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 ANALYSIS

40 562
PUBLIC HEALTH LAW: NATIONAL AND INTERNATIONAL PERSPECTIVES

41 563
ROLE OF WTO AND TRIPS IN HEALTH LAW

42 564
RIGHT TO HEALTH IN INDIAN LAW AND PRACTICES

43 565
ROLE OF WHO IN PUBLIC HEALTH

44 568
HOSPITAL ADMINISTRATION AND THEIR LIABILITY IN THE CASES OF NEGLIGENCE

45 569
CRITICAL ANALYSIS OF CONSTITUTIONAL PROVISION RELATED TO HEALTH

46 570
HOSPITAL WASTE- THE HEALTH ISSUES AND LEGAL CONTROL

47 5447
STANDARD OF CARE OF MEDICAL NEGLIGENCE : A TRAP OF UNWARY

48 5463
ABORTION – LEGAL AND ETHICAL ISSUES INVOLVED

49 5451
MEDICAL EVIDENCE AND ITS USE IN TRIAL

SECTION B

Sl. No. Roll No. Project Topics

571
1 RIGHTS OF A PATIENT AND PROS AND CONS OF SURROGACY : A LEGAL STUDY

572
2 DOCTRINE OF INFORMED CONSENT IN DOCTOR PATIENT RELATIONSHIP

573
3 BRAIN DEATH AND TRASPLANTION OF ORGANS

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 575
4 PUBLIC NUISANCE AFFECTING HUMAN HEALTH

576
5 MEDICAL DATA PROTECTION ININDIA.

577
IMPROVING THE REPRODUCTIVE HEALTH OF MARRIED AND UNMARRIED YOUTH IN
6
INDIA.

578
7 RIGHT TO HEALTH AND CONSTITUTION OF INDIA

580
8 DNA LEGISLATIONS : INDIA AND WORLD

581
9 THE ROLE OF STATE IN HEALTH PLOCIES AND LAWS

583
10 CLINICAL TRIALS : A COMPRATIVE STUDY

584
11 RIGHT TO TERMINATION OF PREGENANCY : LEGAL PERSPECTIVE

585
12 AN ANALYSIS OF OFFENCES AFFECTING PUBLIC HEALTH AND SAFETY

586
13 ORGAN DONATION AND OWNERSHIP OF BODY PART

588
14 ORGAN TRANSPLANTATION : A JUDICAL APPROACH

590
15 A COMPARATIVE STUDY OF MENTAL INSANITY AND LEGAL INSANITY

591
16 RIGHT TO HEALTH AS FUNDAMENTAL RIGHT

593
17 LEGAL ISSUES IN BIO MEDICAL WASTE MANAGEMENT

595
18 MEDICAL EVIDENCE & ITS USE IN TRIAL

596
19 MEDICAL NEGLIGENCE & PRIMARY TORTIOUS LIABILITY

597 SMOKING AND PASSIVE SMOKING - A CRITICAL STUDY

20

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 598
21 REGULATION OF MEDICAL PROFESSION IN INDIA

601
22 HEALTH AND HUMAN RIGHT

602
23 PROTECTION OF HEALTH OF WORKMEN UNDER SOCIAL WELFARE LEGISLATIONS

603
24 DNA PROFILING WITH SPECIAL REFRENCE TO INDIAN EVIDENCE ACT, 1872.

604
25 EUTHANASIA AND INFORMED CONSENT

605
26 LAW RELATING TO EUTHANASIA IN INDIA : A COMPRATIVE STUDY

606
27 DOCTORS LEGAL LIABILITY WITH REFRENCE ANKUR ARORA CASE

607
28 BIOTECNOLOGY AND HEALTH LAW

608 PUBLIC HEALTH CARE LAW IN INDIA: ISSUES AND LEGISLATIONS

29

609
CHANGING DIMENSIONS OF EUTHANASIA WITH SPECIAL REFERENCE TO ARUNA
30
RAMCHANDRA SHANUBHAG CASE

610
31 ROLE OF WHO IN PUBLIC HEALTH

611
32 ABORTION AND LEGAL CONSEQUENCES

612
33 MEDICAL ETHICS AND INTERNATIONAL INSTRUMENTS : IMPLEMENTATION IN INDIA

613
34 DRUGS AND COSMETICS ACT -A CRITICAL STUDY

614
35 NARCOTICS ANS PSYCHTROPIC SUBSTANCES ACT : A REVIEW

615
36 STANDARD OF CARE IN MEDICAL NEGLIGENCE

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 616
37 GENE PATENTING IN INDIA : LEGAL CONCERNS

617
HEALTH CARE, WASTE MANAGEMENT, AND PROTECTION AGAINST BIO-MEDICAL
38
WASTE.

618
39 EVERGREENING OF PATENTS IN PHARMACEUTICAL INDUSTRY : INDIAN PERSPECTIVE

619
40 CLINICAL TRIAL IN INDIA

620
41 REGULATORY AUTHORITIES IN MEDICAL PROFESSION

622
HEALTH CONDITIONS IN DISASTER AFFECTED AREAS – AN ANALYSIS OF POST
42
DISASTER REVIEW

623
43 REPRODUCTIVE TECHNOLGY – SURROGATE MOTHERHOOD

624
44 IMPORTANCE OF DNA PROFILING AND GENETIC INFORMATION FOR STATE AGENCIES

625
45 COMPETITON LAW IN INDIAN PHARMACEUTICAL INDUSTRY

627
46 ENVIRONMENTAL PROTECTION AND RIGHT TO HEALTH

628
47 INFORMED CONSENT IN CLINICAL TRIAL

629
48 HEALTH INSURANCE IN INDIA

630
49 RIGHT TO HEALTH AND HEATH CARE IN INDIA

631
50 RIGHT TO DIE AND INDIAN CONSTITUTION

632
51 GENETIC FOOD AND HEALTH CONCERNS : A LEGAL STUDY

634
52 CONSTITUTIONAL PERSPECTIVE OF RIGHT TO HEALTH IN INDIA

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 635
53 HEALTH INSURANCE AND EMERGING LEGAL ASPECTS

636
54 HOSPITAL WASTE- THE HEALTH ISSUES AND LEGAL CONTROL

637
55 RIGHT TO EMERGENCY MEDICAL AID

638
IMPLEMENTATION OF INTERNATIONAL INSTRUMENTS IN HEALTH CARE SYSTEM IN
56
INDIA

639
57 A COMPARATIVE ANALYSIS OF WHO AND THE INDIAN LAWS REGULATING TOBACCO

640
58 MEDICAL RESEARCH ON HUMAN BEINGS : LEGAL ISSUES INVOLVED

641
MEDICAL NEGLIGENCE WITH SPECIAL REFERENCE TO STANDARD OF CARE : A
59
COMPARATIVE STUDY

60 5414 SURROGACY AND THE LEGTIMACY OF CHILD: A CRITICAL STUDY

61 54376 INFORMED CONSENT AND MEDICAL ETHICS

NAME OF THE FACULTY: KUMAR GAURAV

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