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PES

Modern Law College

Ganeshkhind, Pune-16

Syllabus

Course Objective:

The objective of this syllabus is to provide students with a comprehensive understanding of the legal frameworks that govern health, both in the public and private sectors. It aims to equip students with a strong theoretical foundation regarding the intersection of law and health, through an exploration of healthcare systems from historical, modern, local, and global perspectives. The syllabus emphasizes a practical approach, encouraging students to engage with and critically analyze the social, ethical, and legal challenges in the field of health sciences. By examining national and international laws, the course prepares students to confront contemporary issues in health law and equips them with the necessary tools to navigate this evolving and multidisciplinary area of legal practice.

Module 1 – Introduction:

  1. Concept and Importance of Health and Healthcare
  2. Relationship between law and medicine
  3. Public Health in India – Ancient, medieval and modern perspectives
  4. Nature and Scope of Health law and Medical Law

Module 2 – Right to Health as a Human Right

  1. Conceptual Development of Right to Health as a Human Right
  2. Role of WHO in Public Health
  3. International Conventions on Right to Health
  4. General Principles and Human Rights Standards for Victims of Sexual Assault
  5. Right to Health of Vulnerable Groups
  6. Millennium Development Goals and Sustainable Development Goals

Module 3 – Right to Health and Healthcare

  1. Right to Health under Indian Constitution 
  2. Directive Principles of State Policy and Health
  3. Animal Health, Plant Health and Environmental Protection
  4. National Health Policy and Role of Ministry of Health and Family Welfare
  5. National Health Mission and other related Programmes
  6. Judicial Trend in Protection of Right to Health

Module 4 – Health and Legal Protection: Relevant Provisions under following Laws

  1. The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994
  2. The Factories Act, 1948
  3. Law on Mental Health – Mental Health Act 1987 and 20017
  4. The Maternity Benefit Act, 1961
  5. The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992
  6. The Transplantation of Human Organs Act, 1994
  7. The Bharatiya Nyay Sanhita, 2023

Module 5 – Regulation of Health Care Professionals and Institutions

  1. Regulation of Medical and Para Medical Education
  2. Self-Regulation of Profession, Regulating Statutes
  3. Role of Statutory Authorities – National Medical Commission, ICMR, NCISM, AYUSH
  4. Hospital Management and Applicable Laws
  5. Bombay Nursing Home Registration Act, 1949
  6. Clinical Establishments Act, 2010

Module 6 – Crimes and Legal Issues in Health Care

  1. Medical Malpractice and Crimes
  2. Medico-Legal Issues and Healthcare management
  3. Medico-Legal Reports & Records
  4. Dying declaration, Criminal Abortions, Post-Mortem, Sexual assault
  5. Duties of Doctors

Module 7 – Informed Consent

  1. Meaning and Definition of Informed Consent
  2. Components and Procedure of Informed Consent
  3. Application of Doctrine of Informed Consent, Different Practical Contexts and Cultural Contexts of Application of Informed Consent
  4. Consent and Refusal, Ethical Principles
  5. Informed Consent in Doctor-Patient Relationship
  6. Informed Consent in Clinical Trial
  7. Development of International Law & Guidelines