This article is written by Lithivarshini.C of 7th Semester of BALLB of Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
The oldest known code of law called the Code of Hammurabi that governs various aspects pf medical practice, including fees paid to physicians for satisfactory service. Because of the number of qualified doctors in Indian medical colleges increased, it became necessary to create laws for them. The Medical Council of India, a national statutory body, which was merged after promulgation of the Indian Medical Council Act 1933. First Legal Recognition and register for the Indian system of medicine until The Bombay Medical Practice Act was passed in 1938. There are other laws relating to the management of qualifications/practice and behavior of experts, buying and selling, safely storing drugs and pharmaceuticals, patient management, environmental safety, employment and workforce management, medical and legal aspects regarding the safety of patients, the community and hospital staff local. There is a law governing vocational training and research, commercial aspects, licenses/certifications required for hospital, etc.
Key Words: Medical, Laws, Antecedents, India, Health Practices
INTRODUCTION
Human culture is built on the basis of building values as the foundation of an ethical society, honesty, respect, pursuit of excellence, civic duty, responsibility and loyalty. Since the dawn of civilization, it has been determined by trial and error that a society and more than the profession of medicine, a noble and community-oriented profession, can only exist and prosper by respecting and practicing certain codes of conduct guided by the country’s moral, ethical, legal and social values. Healthcare India has a health care system. Global health is governed by the constituent countries and territories. In a survey conducted in Mumbai, 8 out of 10 doctors think that the laws governing healthcare in India are outdated and an even higher majority think that there are too many laws and permits required. necessary for them to function. A survey of 297 doctors of all specialties indicates that there are around 50 different laws governing healthcare in India.[1]
MEDICAL LAWS IN INDIA
Kautilya`s Arthashastra provides documentary evidence of state involvement and regulatory roles. Because there is a cure, Kautilya believes that the famine is a greater disaster than the plague and plague, because disease can find a cure. He thought the king should ask the doctor to take medicine to prevent the epidemic.[2] The regulations created by Hammurabi, the mythical king of Babylon, circa 2000 BC, are the oldest known legal system for healthcare practices. Hippocrates, a Greek physician, instituted the Hippocratic Oath, the earliest known code of medical ethics in the 5th century BC. The state showed an interest in public works, provided medical care, and enacted laws during the Ashoka period (270 BC). He established hospitals throughout his kingdom, paying for medical care from public funds. The Samhita of Charaka contains a detailed description of ethics, and Ayurvedic physicians in ancient India clearly established medical ethics. The renowned medical historian Henry Siegrist believed that public health facilities of Mohenjo Daro were superior to those of any other community of the ancient orient.[3]
During the Ashoka period (270 BC), the state showed interest in the public works and provision of medical care and as a law. He founded hospitals all over his empire with medical attendance at state expense.[4] Ethics is described in the Charaka—Samhita, in details and Ayurvedic physicians of ancient India has a well-defined medical ethics”.[5]
The colonial power brought with them their own physicians and barber surgeons. In the mid-19th century, as the medicine got recognized in England, it slowly started having its impact in India too. After 1857, the main factors that shaped colonial health policy in India were their concern for troops and European civil population.[6]
BEFORE 1947 DEVELOPMENTS
The colonial authorities brought in their own doctors, surgeons, and barbers. The East India Company supplied doctors and surgeons to the country during their early stage of rule, and the British government took over after 1857.British doctors working in India must be registered with the General Medical Council (GMC), established in England in 1857, and must follow its disciplinary rules. Making law for doctors has increased the medical students graduating from Indian medical schools. In 1912, the President of Bombay has passed the Bombay Health Act. In 1914, the Madras Registration Act and the Bengal Health Act were passed. The Indian Medical Degrees Act, passed by the Legislative Assembly of India and ratified by the Governor-General in 1916, was introduced shortly after these laws. After the passage of the Indian Medical Council Act of 1933, the Medical Council of India was established as a national statutory body for modern physicians. The Bombay Medical Practice Act, passed in 1938, provided the Indian medical system them with the first legal recognition and registration.
Post-1947 Developments
After independence in 1947, organized health services entered a new phase of development that gave individuals more rights. Along with that, the state also began to pass new laws, amend colonial laws, and develop arguments to expand people`s entitlements and strengthen citizens’ right to health care. The task facing the country at the time of independence and in the early stages of the plan was to build the physical and institutional infrastructure necessary for India’s rapid development or modernization.
Criminal liability in the medical profession
Criminal law seeks to influence people`s behavior in a socially acceptable way. Criminal law defines specific acts as crimes and specifies how they should be punished. Physicians who fail to fulfill their duties and commitments or violate their obligations may be subject to legal liability and criminal prosecution and penalties. A doctor is subject to slightly different criminal laws than the average person. Life-threatening crime is the most important area of criminal law for physicians. These crimes mainly involve murder, simple injury, serious injury, and miscarriage or abortion. Each of these offenses can be brought against a general physician. However, criminal law provides doctors with three powerful defenses, which are:
- Informed permission,
- necessity, and
- goodwill.
A wide range of criminal liability involves different sections of Indian Penal Code, Criminal Procedure Code and some Acts like MTP, PCPDT, Human Organ Transplantation Act etc.
Emergency Healthcare and Laws
The Supreme Court has strongly stated that the fundamental right to life includes within its scope the right to emergency health care. The landmark judgment that marked this important event was that of Parmanand Katara V, Federation of India (Supreme Court 1989)[7]. In this case, a scooter driver who was seriously injured in a traffic accident was denied admission when he was taken to the nearest hospital on the grounds of insufficient authority to handle medical legal cases. The Supreme Court, in its ruling, stated that the obligation of medical professionals in the treatment of cases emergencies take precedence over the professional freedom to refuse patients. Under the right to urgent care, fundamental right under Article 21 (fundamental right to life), the Court unequivocally stated that Article 21 The constitution imposes on the State the obligation to protect life. Interestingly, the Supreme Court went on to say that not only public hospitals, but every doctor, whether in a public hospital or elsewhere, has a professional obligation to extend his or her service with the expertise needed. necessary to protect life. In another case (Paschim Banga Khet Majdoor Samity v. State of West Bengal, High Court, 1996)[8], a person with a head injury due to a train accident was denied treatment at multiple hospitals on the grounds that that lack of adequate facilities and infrastructure to provide treatment. In this case, the Supreme Court further developed the right to emergency treatment and went on to declare that the failure of a public hospital to provide timely medical treatment to a person in need of treatment violates that person’s right to life guaranteed under article 21.
Laws applicable to hospitals
There are many existing laws that ensure that hospital facilities are built through a proper registration process, ensure that they can be safely used by the public, ensure that they have the right infrastructure, the minimum tier required for the expected and compliance workload type and size. Periodic check to ensure that the laws apply to hospitals and their operations including Atomic Energy Act 1962, Delhi Elevator Rules 1942, Bombay Elevator Act 1939, Elevator Act 1956 Elevator Act Machines and Escalators Delhi, Companies Act 1956, Electricity Code of India 1956, Electricity Regulations Delhi Commission (Subsidy Agreement for Fixed Power Plants) Regulation 2002, Room Safety Act Delhi Fire Prevention Act 1986 and Fire Safety Code 1987, Delhi Nursing Home Registration Act 1953, Electrical Act 1998, Fire Safety Code 1956, Indian Telegraph Act 1885 , National Construction Act 2005, Certificate of Radiation Safety Certificate from BARC Association Act, Urban Land Act 1976, Indian Boiler Act 1923 and Clinical Basis Bill ( Registration and Regulations) 2007.
Laws governing to Sale, and Storage of Drugs and Safe Medication
In India, there are many other laws that restrict the misuse of dangerous drugs, regulate the sale of drugs through a license, prevent counterfeiting and introduce sanctions for violators. These laws also control the use of drugs, chemicals, blood, and blood products. The following laws and provisions administer the Sale, Storage of Drugs and Safe Medication:
- Blood Bank Regulation Under Drugs and Cosmetics (2nd Amendment) Rules 1999
- Drugs and Cosmetics Act 1940 and Amendment Act 1982
- Excise permit to store the spirit, Central Excise Act 1944
- IPC Section 274 (Adulteration of drugs), Section 275 (Sale of Adulterated drug), Section 276 (Sale of drug as different drug or preparation), Section 284 (negligent conduct with regard to poisonous substances)
- Narcotics and Psychotropic Substances Act
- Pharmacy Act 1948
- Sales of Good Act 1930
- The Drug and Cosmetics Rule 1945
- The Drugs Control Act of 1950
- VAT Act/Central Sales Tax Act 1956
LEGAL AND MEDICAL FIELDS YOU MAY BE EXPOSED TO IN THE FUTURE
To fulfill the task of reflecting on the role of law in future medicine, we will first study a broader scenario to help us position it. Before we begin to take a closer look at the role the law plays in solving some of the issues, we`ve decided to take a closer look at, this should give you an idea of the broad facets of the issue. Future areas of interaction between law and medicine will include at least the areas described in the following paragraphs:
- Psychiatry and Law.
A psychiatrist’s understanding of mental illness and its treatment is inconsistent with the most basic principles of criminal law. The debate has focused not only on the different possible definitions of criminal liability, but also on the procedures for treating people with mental disabilities and their treatment that are sufficient to justify deprivation. With advances in psychiatry technology, as more and more funds are directed to this necessary area, and as legislation adjusts its rather clumsy institutions to address the delicate issues of mental health treatment in an increasingly anxious society, the future of the field has unlimited potential for growth.
- Alcoholism
Alcoholism is known to be the fourth most serious health problem in the country, affecting around 6,000 people, many of whom are productive but affected by compulsive drinking. The court began to conclude that chronic alcoholism was not a crime but a disease. Doctors should get involved in changing the law and setting up alcohol rehab centers.
- Drug crime.
People who ‘‘advertise ‘‘are criminals, drug addicts may not be criminals, but people in need of medical assistance. “Law and medicine must work together to provide the opportunity and means of effective treatment.
- Population Control.
The Supreme Court offers protection from legal interference for families who want to practice birth control. The most difficult and urgent problem is how to control the population explosion within a certain range. Counseling and equipment on family planning and birth control seems to be only a small step, although religious pressures still hinder large-scale efforts in these areas.
ANTECEDENTS AND CONSEQUENCES OF MEDICAL STUDENTS
In fact, a systematic review of research on psychological distress among medico, and found that, compared with the normal one, they experience high levels of depression and anxiety and increased mental distress. Here, we understand the problems faced by medicos, focusing on the ethical issue, which is when a person`s behavior is perceived as restrictive, caused by a friction between religious beliefs, ethics and behavior. With an emphasis on the concepts of dilemmas and matters concerning ethical matters, we investigated the various dilemmas faced by them, how they deal with all dilemmas and the ethical issues, they find themselves in. Finally, we offer suggestions for how health educators working at the student, teacher, and organizational levels can reduce or prevent student misconduct in the face of critical situations. Ethical dilemmas, thereby reducing their ethical dilemmas.
IMPLICATIONS FOR MEDICAL EDUCATION
Healing educators need to acknowledge how best to support undergraduates` moral conclusions when faced accompanying course crises: should understand or oppose mistakes. We trust students need three levels of support: direct support for their education, support for lecturer incident and support for their organisations. In terms of straightforwardly advocating junior learning, healing undergraduates need to accept their ethical blames through various translations of professional standards and concern of moral issues. Even though large-scale lectures can stretch to attain this aim, mutual group meetings accompanying dispassionate guides seem to cultivate scholars’ understanding of the moral and professional intricacies. Really, when experiment juniors’ understanding of professionalism, Wiggleton and others. Nation the one have early contact with cases and determine in narrow groups, interact between clinicians giving private experiences and review professional issues are pronounced to have a better sense of professionalism than those the one do not. Also, few students in the lecture explanation on their knowledge last of the course and how they created mistakes in business outside realizing that they had a righteous question. For instructor development, healing educators need to guarantee that dispassionate teachers be even with new professional tactics and raise their knowledge of their role as professional duty models. Monrouxe and Rees and Rees, Monrouxe, and McDonald stated that giving stories of pupil course crises with dispassionate lecturers is a constructive part of instructor incident. This mixture approach supports the medical creation as able, authorized and thoughtful moral resolution creators that will authorize them to select the right conduct for themselves, their courses.
CONCLUSION
Because it helps to preserve life, the medical field is considered noble. We see life as a gift from God. Accordingly, a doctor plays a role in God`s plan as he prepares to obey his commands. Often, patients choose a doctor or medical facility based on their reputation. Patients have two expectations for doctors and hospitals: first, they will treat them with the knowledge and skills they have, and second, they will not harm the patient in any way through the negligence, inattention or negligence of the staff. Given the size and problems of the health industry, surprisingly few laws govern the health sector. Often, medical disputes are caused by violations of these laws and rules. A hospital or doctor will comply with the law if he fully understands and follows these laws and regulations.
REFERENCE:
- Sinha TK, Times of India. Mumbai edn, Jun 12, 2012. p. 5.
- Henry SE, A history of medicine, Vol II, Early Greek, Hindu and Persian medicine, Oxford University Press, 1987;(2). p. 142-143.
- Rangarajan LN, Kautilya’s Arthashastra, New Delhi, Penguin Books, 1st ed. p130-131.
- Kosambi DD. The culture and civilisation of ancient India in historical outline, New Delhi, Vikas Publication 1970:160.
- Chattopadhyay D. Science and society in ancient India. Research India Publication, 1979 edn. p-22.
- Ramasubban R, Public health and medical research in India: their origins lender the impact of British Colonial Policy’ SAREC. 1982; R.4
- Singh J, et al. Medical Negligence and Compensation. Bharat Law Publication, 3rd edition. p.2-4.
- Joshi SK. Quality Management in Hospitals. Jaypee Brothers Medical Publishers, 1st edition. p 368-369.
- Madhav Madhusudan Singh, Uma Shankar Garg & Pankaj Arora, Laws Applicable to Medical Practice and Hospitals in India.
- Ankita Budhiraja, Laws Governing Hospitals in India.
- Vridhi Sharma, Health, Healthcare & Right to Health: questions at national & international level.
[1] Sinha TK, Times of India. Mumbai edn, Jun 12, 2012. p. 5.
[2] Henry SE, A history of medicine, Vol II, Early Greek, Hindu and Persian medicine, Oxford University Press, 1987;(2). p. 142-143.
[3] Rangarajan LN, Kautilya’s Arthashastra, New Delhi, Penguin Books, 1st ed. p130-131.
[4] Kosambi DD. The culture and civilisation of ancient India in historical outline, New Delhi, Vikas Publication 1970:160.
[5] Chattopadhyay D. Science and society in ancient India. Research India Publication, 1979 edn. p-22.
[6] Ramasubban R, Public health and medical research in India: their origins lender the impact of British Colonial Policy’ SAREC. 1982; R.4
[7] 1989 AIR 2039 1989 SCR (3) 997 1989 SCC (4) 286 JT 1989 (3)496 1989 SCALE (2)380
[8] 1996 SCC (4)37 JT 1996 (6) 43 1996 SCALE (4)282
