Health Law
Devi Ahilya Vishwavidyalaya · LL.B. Semester 5
Unit I — Health and Global Legal Framework
Concepts and definitions of Health and Public Health · Impact of Globalization on health concerns · Health challenges in the 21st century · Role and objectives of World Health Organization (WHO) · Overview of International Covenants and treaties related to health (e.g · ICESCR, UDHR, etc.)
Unit II — Constitutional and Environmental Dimensions of Health
Rights-based approach to health under Indian Constitution · Interconnection between Fundamental Rights, DPSPs, and health · Key Constitutional Articles: 16, 21, 24, 38, 39, 41, 42, 48A, 514 · 4, Overlap of environmental and public health concerns · Health impacts of nuclear, chemical disasters and climate change · Key Environmental Laws · > Air (Prevention & Control of Pollution) Act, 1981 n & Control of Pollution) Act, 1974 · > Water (Preventio · Protection Act, 1986 · Envi ronmental · Environmental Impact Assessment (EIA)
- health in the Indian Constitution
- The Water (Prevention & Control of Pollution) Act 1974- Definitions, Establishments of — Central Pollution Control Board (S. 3)
- The Air (Prevention & Control of Pollution) Act 1981- Definitions, Establishments of — Central Pollution Control Board (S. 3)
- The Environment (Protection) Act, 1986- Definitions
Unit III — Technology, Ethics, and Medical Practices
Healthcare in the era of Technology and Marketization (e.g., mHealth, telemedicine) · Medical Ethics: Definitions, doctor-patient relationship, consent, duties and rights · Ethical and legal issues in modern medical technologies: o Sex selection, genetic testing, gene enhancement o ART (IVF, surrogacy), organ transplantation, abortion, mental health · Liability in cases involving fetus/unborn injuries
- Medico legal Implications of Consent, Different types of consent, Informed Refusal and Therapeutic Privilege
- Importance of Documentation, Certificates in Medical practice, Medical Record
- Confidentiality and Privileged Communication between Doctor and Patient
- Patients Right to self Determination and Euthanasia — Legal Position in India
- Professional Obligations of Medical Professionals
Unit IV — Statutory Framework on Medical Law and Regulation
Key health-related legislation in India: o Medical Termination of Pregnancy Act, 1971 o Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 · (PCPNDT) o Indian Medical Council (Professional Conduct, Etiquette and Ethics) · Regulations, 2002 o Mental Health Care Act, 2017 o Transplantation of Human Organs and Tissues Act, 1994 · Frameworks for regulating surrogacy and ART · Relevant provisions from Bharatiya Nyaya Sanhita (BNS), 2023: Seotions
Unit V — Occupational Health and Public Safety
Definition and significance of Occupational Health · > Workers’ Right to Health