health legislations

LEGISLATION

Dr. Manju , JR, Community Medicine

HEALTH

Contents

Introduction

Characteristics of Public health law

Categories of health legislation

Details of few important health legislations

Problems With public health laws

Suggested approaches

New approaches

References

Introduction

The core of public health depends on law and science.

The law has to prohibit individual who create the

situation for others suffering.

The public health actions are not intended to punish, but

to improve and to monitor the health status in the

community.

Law :-

The principles and regulations established in a

community by some authority and applicable to its

people, whether in the form of legal powers or of

customs and policies recognized and enforced by

judicial decision.

Introduction

Legislation:-

Process or act of making law by the legislative body or governing body in a country.

Bill:-

Draft statute which becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills.

Act :-

A law adopted (enacted) by a national or state legislative or other governing body.

Rules :-

Are explicit statements that tell an employee what he or she ought or ought not to do.

Public health law

The study of the legal powers and duties of the state

to assure the conditions for people to be healthy, and

the limitations on the power of the state to constraint

the autonomy, privacy, liberty, or

other legally protected interests of the individual

for protection or promotion of community health


Government

Creates policies and enacts laws and regulations

designed to safeguard community health.

Population

Public health authorities are concerned with access and

quality in medical care, but their principal concern is to

create the conditions in which communities can be

healthy.

Relationships

Public health laws contemplate the relationship between

the State and individuals who place themselves or the

community at risk


Services

Public health laws deal with the provision of population

based services grounded on the scientific

methodologies of public health.

Coercion

Public health authorities possess the power to coerce

individuals and businesses for the protection of

community rather than relying on a near universal ethic

of voluntarism.

Categories of health legislations

Public registration to assess mortality and enumeration

of population

i. The Census Act 1948

ii. The Registration of Births and Deaths Act 1969

Legislation related to control of epidemics

The Epidemic Diseases Act 1897

Indian Air Craft (Public Health) Rules 1975

To improve and maintain high standards in the medical

education and services

The Indian Medical Council Act 1956 and Regulation

2002

The Indian Nursing Council Act 1947

The Dentists Act, 1948

The Pharmacy Act, 1948

The Consumer Protection Act (COPRA) 1986



To prevent drug addiction and substance abuse and

safe manufacturing of drugs, distribution and storage

The Narcotic Drugs and Psychotropic Substances Act

1985

The Cigarettes and Other Tobacco Products Act

(COTPA) 2003

The Drugs and Cosmetics Act 1940

The Drugs & Magic Remedies Act 1948


For women empowerment and health

The Medical Termination of Pregnancy (MTP) Act

1971

The Maternity Benefit Act 1961

Domestic Violence Act 2005

Indecent Representation of Women (Prohibition) Act

1986

The Dowry Prohibition Act 1961

The Immoral Traffic (Prevention) Act 1956

The Pre Conception & Prenatal Diagnostic Technique

Act 1994 (amended in 2003)


For child protection and Health

The Infant Milk Substitutes, Feeding Bottles and Infant

Foods (Regulation of Production, Supply and

Distribution) Act 1992

The Child Labor (Prohibition and Regulation) Act 1986

The Child Marriage Restraint Act 1929

The Juvenile Justice (Care and Protection of children)

Act 2000


For welfare of Older Persons

Maintenance and Welfare of Parents and Senior

Citizens Act 2007

For welfare rehabilitation of disadvantaged

The Persons with Disabilities (Equal Opportunity,

Protection of Rights and Full Participation) Act 1995

The National Trust for Welfare of Persons with Autism,

Cerebral Palsy, Mental Retardation And Multiple

Disabilities Act 1999 And Rules 2000

The Mental Health Act 1987


Occupational Health and legislation

The Factories Act 1948

The Mines Act 1952

The Employees State Insurance (ESI) Act 1948

The Workmen’s Compensation Act 1923

The Minimum Wages Act 1948

The Dangerous machine (Regulation) Act 1983

The Bonded Labor System (Abolition) Act 1976

The unorganized Sectors Worker’s Social Security Act

The plantation Labor act 1951


Environmental Health legislations

The Environment (Protection) Act 1986

The Biomedical Waste (Management and Handling)

Rules 1998

The Municipal Solid Waste (Management and

Handling) Rules 2000

The Hazardous Waste (Management and Handling)

Rules 1989

The Motor Vehicle Act 1988

The national environment Tribunal Act 1995


Legislation related to other public health problems

The Transplantation of Human Organ Act 1994

Food safety and standard Act 2006

The Protection of Human Rights Act 1993

The Disaster Management Act 2005


1. To protect the rights of health and improve the health

of nation in comprehensive manner

1. National Health Bill 2009

The Epidemic Disease Act,1897

An Act to provide for the better prevention of the spread of

Dangerous Epidemic Diseases.

The Act provides power to exercise for the control and to

prevent any epidemic or spread of epidemic.

The states may authorise any of its officers or agency to take

such measures.

Any person disobeying any regulation or order made under

this Act shall be deemed to have committed an offence

If such disobedience causes or tends to cause

obstruction, annoyance or injury- simple imprisonment upto

1 month or with fine upto 200 Rs, or with both;

danger to human life, health or safety, a riot -imprisonment

upto 6 months, or with fine upto 1000 Rs., or with both.

The Indian Medical Council Act

1956 and Regulation 2002

The Medical Council of India (MCI) is a statutory body

with the responsibility of establishing and maintaining

high standards of medical education and recognition of

medical qualifications in India.

It registers doctors to practice in India, in order to protect

and promote the health and safety of the public by

ensuring proper standards in the practice of medicine.

MCI body was disbanded in May 2010.

The MCI is currently run by a Board of Governors with

seven members.

The MTP Act , 1971

Aims

to prevent large number of unsafe abortions

Legalizes abortion services

Promotes access to safe abortion services to women

De-criminalizes the abortion seeker

Protection to medical practitioners who otherwise would

be penalized under the Indian Penal Code (sections

315-316).

The MTP Act , 1971

When can pregnancies be terminated?

Up to 20 weeks gestation

With the consent of the women.

If the women is below 18 years or is mentally ill, then

with consent of a guardian

With the opinion of a registered medical practitioner,

formed in good faith, under certain circumstances

Opinion of two RMPs required for termination of

pregnancy between 12 and 20 weeks

The MTP Act , 1971

Indications :-

1. Therapeutic: Continuation of pregnancy constitutes risk to the life or grave injury to the physical or mental health of woman

2. Eugenic: Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped

3. Humanitarian: Pregnancy caused by rape

4. Social:

1. Contraceptive failure in married couple

2. When economic and social environment is not suitable for continuation of pregnancy

5. When pregnant woman is mentally not sound.

The MTP Act , 1971

Place for conducting MTP :-

A hospital established or maintained by Government

or

A place approved for the purpose of this Act by a

District-level Committee

Who can perform?

A registered medical practitioner (RMP)

Who has such experience or training in Gynaecology

and Obstetrics as prescribed by Rules made under the

Act

The MTP Act , 1971

Training requirement :-

For termination up to 12 weeks:

A practitioner

who has assisted a registered medical practitioner in

performing 25 cases of MTP of which at least 5 were

performed independently

in a hospital established or maintained or a training

institute approved for this purpose by the Government

The MTP Act , 1971

For termination up to 20 weeks

A practitioner who

Holds a post-graduate degree or diploma in Obstetrics

and Gynecology

Has completed six months house job in Obstetrics

and Gynecology

Has at least one-year experience in practice of

Obstetrics and Gynecology at a hospital which has all

facilities

Registered in state medical register immediately

before commencement of the Act, experience in

practice of Obstetrics and Gynecology for a period not

less than 3 yrs.

The MTP Act , 1971

Punishment:-

Penalty of two to seven years

in prison if termination

performed by a non-

registered medical

practitioner.

Same penalty applies to

those who perform abortions

outside of hospitals or other

approved locations

The Narcotic Drugs And

Psychotropic Substances Act, 1985

Under the NDPS Act,

The cultivation, production, manufacture, possession,

sale, purchase, transportation, warehousing,

consumption,

inter-State movement, transshipment and import and

export of narcotic drugs and psychotropic substances

is prohibited,

except

for medical or scientific purposes and

in accordance with the terms and conditions of any

license, permit or authorization given by the

Government



It extends to the whole of India

It applies also-

to all citizens of India outside India;

to all persons on ships and aircrafts registered in

India.

The Narcotics Control Bureau (NCB) is the chief law

enforcement and intelligence agency of India

responsible for fighting drug trafficking and the abuse of

illegal substances



Quantity Rigorous

imprisonment

Fine

Small quantity upto 6 months, or upto Rs. 10,000

with both

Lesser than

commercial

quantity but greater

than small quantity

upto 10 years and upto Rs.1 lakh

Commercial

quantity

10 – 20 years and Rs.1 – 2 lakh

Punishment:- based on the quantity of the banned

substance

The Consumer Protection Act

(Copra), 1986

Objectives :-

Better protection of interests of consumers

Protection of rights of consumers

Consumer Protection Councils

Quasi – judicial machinery for speedy redressal of

consumer disputes.

(A quasi-judicial body is an entity, generally of a public administrative agency, which has powers and procedures resembling those of a court of law or judge, and which is obligated to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and may affect the legal rights, duties or privileges of specific parties)


(Copra), 1986

Under this Act, a complaint means any allegation in writing in

regard to any of the following:

A loss or damage as a result of any unfair trade practice

adopted by any trader;

The goods/service suffer from defects.

A trader has charged for the goods, a price in excess of the

price which is fixed by the law or displayed on the goods.

Doctors were like any other providers of service, and

therefore are under the same obligation to compensate the

patient for any deficiency in the quality of their services.

But doctors in charitable clinics or government hospitals who

are rendering free services are exempted.


(Copra), 1986

If the Cost of the Services and

compensation asked for,

is less than Rs. 2 lakh, then the

complaint can be filed in the District

Forum.

Rs. 2 lakh- 20 lakhs - the State

Commission

and for higher amount - the National

Commission at New Delhi.

There is no court fee and the consumer

does not have to go through lawyers

The Environment (Protection) Act

1986

General law on environmental protection

cover uncovered gaps in the areas of major

environmental hazards as the previous laws generally

focused on specific types of pollution.

Applicable to whole India, including J & K

Objectives:-

Protection and improvement of environment.

Safeguards the forest and wildlife of the country.

Empowers the Central Government to establish

authorities and to tackle specific environmental

problems.

The Environment (Protection) Act

1986

contravenes any of the

provisions of the Act

Punishment

Any person 1st time With imprisonment upto 5

years, or fine upto 1 lakh

rupees, or with both

In case of failure or

subsequent contravention

Additional fine which may

extend to 5000 Rs/day

If the failure or contravention

continues beyond 1year after

conviction,

Imprisonment for a term

which may extend to 7

years.

company or govt.

departments

Person directly in charge or Head of the department shall

be deemed to be guilty

The Mental Health Act , 1987

Objectives :-

To establish central and state authorities for licensing

and supervising the psychiatric hospitals.

To provide for the custody of mentally ill persons who

are unable to look after themselves and are dangerous

for themselves and or, others

To protect the society from dangerous manifestations of

mentally ill.

To regulate procedure of admission and discharge, on

voluntary basis or on request.

To safeguard the rights of these detained individuals.

The Mental Health Act , 1987

To provide for the maintenance charges of mentally ill

persons undergoing treatment in such hospitals.

To provide legal aid to poor mentally ill criminals at state

expenses.

Patients requesting discharge- are obliged to be done so

by the MO I/C within 24 hours; after constituting a Board

of two medical officers and seeking their opinion.

If further treatment needed – continue it for a period not

exceeding 90 days at a time

The Infant Milk Substitutes, Feeding Bottles And

Infant Foods (Regulation Of Production, Supply &

Distribution) Act, 1992 (Amended in 2003)

Aim :-

protection and promotion of breast feeding and

ensuring the proper use of Infant Foods.

Provisions :-

No person shall

advertise,

take part in promotion of use or sale, supply of or

donate or distribute infant milk substitutes or

feeding bottles, or

give an impression or create a belief in any

manner that feeding of infant milk substitutes is

equivalent to or better than mother's milk.

The IMS Act, 1992

Container of infant foods and milk substitutes must affix

label clearly written in local language that

"Mother's milk is best for your baby"

"Should be used only on the advice of a health

worker“ &

"a warning sign if used replacing mother's milk".

No picture of baby or mother shall be depicted on the

containers.

Beside this all about manufacturing date, batch number,

expiry date, compositions, etc. should also be written.

The IMS Act, 1992

All educational material whether audio, or visual shall

contain the content of benefits and superiority of breast

feeding.

No person other than health workers or institutions will

demonstrate the need and feeding of milk substitute.

Food inspector working under Prevention of Food

Adulteration Act or any authorised person shall be

responsible for inspection or seizing activities if he/she

finds that there is violation of this Act.

The IMS Act, 1992

Imprisonment Fine

Violation of act by

any person

Upto 3 years, or Upto 5000 Rs. or

with both

Label on container

or quality of infant

milk substitute,

feeding bottle and

infant food

6 month- 3 years

and

at least Rs.2000.

Penalty:-

The Preconception And Prenatal Diagnostic

Techniques (Prohibition Of Sex Selection) Act,

1994

Aim :-

Prohibition of sex selection, before or after conception

Regulation of the use of prenatal diagnostic

techniques

Provisions :-

No genetic counselling centre, genetic clinic or

medical geneticist, gynaecologist or registered

medical practitioner

shall conduct such test unless specified by the Central

Supervisory Board

at a place other than a place registered under the Act.



1994

In following conditions these test can be conducted in a

pregnant woman :-

Age above 35 years;

Undergone two or more spontaneous abortions or

fetal loss;

Exposed to potentially teratogenic agents

Family history of mental retardation or physical

deformities such as spasticity or any other genetic

diseases; and

Any other disease specified by the Central

Supervisory Board.



1994

No test will be conducted on the willingness of husband

or without written informed consent of the woman.

Even any advertisement or publication on these facilities

is an offense.

No person shall sell ultrasound or any other machine or

equipment capable of detecting sex of the fetus to any

person or centre that is not registered under the act.



1994

First offence Subsequent offence

Service

provider

Imprisonment (3yrs.);

penalty (Rs.10000);

registration cancelled (5

yrs.)

Imprisonment (5yrs.);

penalty (Rs.50000);

registration cancelled

(permanently.)

Service

seeker

Imprisonment (3 yrs.);

penalty (Rs. 50000)

Imprisonment (5 yrs.);

penalty (Rs. 100000);

Advertiser Imprisonment (3 yrs.);

penalty (Rs. 10000)

The Transplantation Of Human

Organs Act, 1994

Aim :-

For regulating the removal of organs from cadavers and

living person & prohibiting commercial dealings in

human organs.

Provisions :-

Any person more than 18 years or parents in case of

less than 18 years authorises the removal, before his

death, of any human organ of his body.

Any written authority given before his death or willingly

given authority to any of his near relatives, can be

accepted.


Organs Act, 1994

Before removal of body organs, a registered medical

practitioners should certify that life or brain-stem function

have ceased.

A dead body lying in a hospital or prison and not claimed

by any of the near relatives within 48 hours from the

time of the death of concerned person, the person

incharge or any other authorised person who strongly

believe that body will not be claimed, can authorise for

removal of body organs.

No hospital or place is authorised to remove the human

organs unless appropriate authority like state or central

government authorises and register it.


Organs Act, 1994

Considered as an offence :-

Any illegal supply or giving commitment or publishing /

advertisement to supply of human organs

Giving human organs on payment by an individual or

society, or organisation, or agent.

Punishment :-

Imprisonment 5 -10 years and Fine 5 - 20 lakhs

Removal of name of doctors from MCI or state council

register for 2 years for 1st conviction, and permanently

on subsequent conviction


Protection of Rights and Full Participation) Act

1995

Aims and objectives:-

To spell out the responsibility of the state towards the

- prevention of disabilities, protection of rights,

provision of medical care, education, training,

employment and rehabilitation of persons with

disabilities;

To create a barrier free environment;

To counteract any situation of abuse and exploitation of

persons; and

To make special provision of the integration of persons

with disabilities into the social mainstream.



1995

Salient features:

Free education in an appropriate environment till 18

years of age.

The grant of scholarship to students with disabilities.

Promoting the integration of students with disabilities in

normal schools.

Promoting setting up of special schools in government

and private sector

Transport facilities to the children with disabilities or in

the alternative financial incentives to parents or

guardians to enable their children with disabilities to

attend schools.



1995

Setting up of appropriate forums for the redressal of grievances.

At least 3% of vacancies in every government establishment are to be reserved for persons with disabilities

Preferential allotment of land at concessional rates for:-

Housing, Setting up business

Setting up special recreational centres

Establishment of special schools or research centres

Those who avail or attempt to avail benefit meant for disabled in a fraudulent manner are punishable with imprisonment upto 2 years or a fine up to 20,000.

The Juvenile Justice (Care and

Protection of children) Act 2000

State primary responsibility of ensuring that all the

needs of children are met and that their basic human

rights are fully protected

The Convention on the Right of child lays down four sets

of rights:-

The Right to Survival

The Right to Protection

The Right to Development

The Right to Participation



This Act places children/juveniles in two categories :

1. Juvenile in ‘conflict with the law’ handled by State

Governments/ ‘Juvenile Boards’

2. Child in need of ‘care and protection’ to be looked after

by State Governments/ ‘Child Welfare Committees’

An Act to consolidate and amend the law relating to

juveniles in conflict with law

Protection and treatment

Child-friendly approach.

Rehabilitation

Institutions established.



JUVENILE JUSTICE BOARD :

Appointed by the State Government.

Panel of

Metropolitan Magistrate or Judicial Magistrate of the

first class.

Two social workers of whom at least one shall be a

women.

Magistrate to have special knowledge or training in child

psychology or child

Inquiry to be completed within 4 months



Order that may be passed regarding juvenile.-

Counsel parents/ guardian;

Advise the child: by group counseling and similar

activities

Payment of fine, (>14 yrs age)

Release on probation of good conduct, and place under

care of parent/ guardian or other fit person or fit

institution.

Direct the juvenile to be sent to a Special Home



Order that may not be passed against juvenile:

Juvenile Cannot be sentenced to death/life

imprisonment/committed to prison.

Cannot be charged with/tried for offence with an adult.

Prohibition of publication of name, etc., of juvenile

involved in any proceeding

Cigarettes and Other tobacco

products Act, 2003

Cigarettes and Other tobacco products

(Prohibition of Advertisement and Regulation of Trade

and Commerce, Production, Supply and Distribution)

Act, 2003

Applicable to all products containing tobacco in any form

i.e. cigarettes, cigars, cheroots, bidis, gutka, pan masala

(containing tobacco) khaini, mawa, mishri, snuff etc. as

detailed in the schedule to the Act.

The Act prohibits smoking of tobacco in public places,

except in special smoking zones in hotels, restaurants

and airports and open spaces.


products Act, 2003

Display of prominent non smoking signs e.g. “Smoking

here is strictly prohibited” is mandatory at all public

places.

Sale of tobacco products is prohibited to persons under

the age of 18 years and within a radius of 100 yards of

any educational institution.

A display board to be put up at the point of sale

declaring that “sale of tobacco products to minors is

prohibited”.

Prohibition of Advertisement, Promotion and

Sponsorship of all Tobacco Products


products Act, 2003

Tobacco products must be sold, supplied or distributed

in a package which shall contain

an appropriate pictorial warning, (of a skull or scorpion

or certain prescribed pictorial warnings along with the

text SMOKING KILLS and TOBACCO CAUSES

MOUTH CANCER)

its nicotine and tar contents.

http://mohfw.nic.in/Scorpion eng.jpg

http://mohfw.nic.in/Scorpion eng.jpg


products Act, 2003

Warning signs and labels - in English or any other Indian

language.

Required to cover 40% of the front of all cigarette

packages, meaning 20% of the overall package space is

appropriated to health warnings.

Any police officer, not below the rank of Sub-Inspector or

(any other officer, holding the equivalent rank or

authorized by the Central/State Governments) has the

power to search, seize and compound offences.

Cigarettes and Other tobacco products

Act, 2003Offence Punishment

Smoking in a public

place

To the individual

offender

Upto Rs. 200/-

To owner, manager or

authorized officer

Fine equivalent to no of

offences in public place

Advertisements 1st offence 2 years/ Rs. 1000

2nd offence 5 years/ Rs 5000/-

Sale to minors & around educational institute Upto Rs. 200/-

Sale without

specified health

warnings on

packages

Manufacture:

1st offence:

2nd offence

2 years/ Rs. 5000

5 years/ Rs 10, 000/-

Selling/ Retailing:

1st offence:

2nd offence:

1 year/ Rs. 1000/-

2 years/ Rs 3, 000/-

Protection of Women from


The Act seeks to cover those women

who are or have been in a relationship with the abuser

where both parties have lived together in a shared

household and are related by consanguinity, marriage

or a relationship in the nature of marriage, or

adoption;

in addition relationship with family members living

together as a joint family are also included.

Even those women who are sisters, widows, mothers,

single women, or living with the abuser are entitled to

get legal protection under the proposed Act.



"Domestic violence" includes actual abuse or the threat

of abuse that is physical, sexual, verbal, emotional and

economic.

Harassment by way of unlawful dowry demands to the

woman or her relatives would also be covered under this

definition.

The Act provides for the woman’s right to reside in the

matrimonial or shared household, whether or not she

has any title or rights in the household.



Appointment of Protection Officers and NGOs to provide

assistance to the woman w.r.t medical examination,

legal aid, safe shelter, etc.

The Act provides for breach of protection order by the

respondent as a cognizable and non-bailable offence

punishable with imprisonment for a term which may

extend to 1 year or with fine which may extend to 20,000

rupees or with both.

Similarly, non-compliance or discharge of duties by the

Protection Officer is also sought to be made an offence

under the Act with similar punishment.

The Disaster Management Act

2005

The Act extends to the whole of India.

The Act provides for "the effective management of

disasters and for matters connected therewith or

incidental thereto”.

The Act calls for the establishment of National Disaster

Management Authority (NDMA), with the Prime Minister

of India as chairperson.

The NDMA is responsible for "laying down the policies,

plans and guidelines for disaster management" and to

ensure "timely and effective response to disaster".

The Disaster Management Act

2005

Offence Punishment

obstruction 2 years.

false claim 2 years, and fine

Misappropriation of money

or materials

2 years, and fine

False warning 1 year or with fine.

Failure of officer in duty 1 year or with fine

Food Safety And Standards Act,

2006

Act consolidates the laws relating to food and to

establish the Food Safety and Standards Authority of

India for laying down science based standards for

articles of food and to regulate their

manufacture,

storage,

distribution,

sale and import, and

to ensure availability of safe and wholesome food for

human consumption


2006

Following acts were repealed after commencement of this act

Prevention of Food Adulteration Act, 1954

Fruit Products Order, 1955

Meat Food Products Order, 1973

Vegetable Oil Products (Control) Order, 1947

Edible Oils Packaging (Regulation)Order, 1988

Solvent Extracted Oil, De-Oiled Meal and Edible Flour (Control) Order, 1967

Milk and Milk Products Order, 1992

The Act establishes an independent statutory Authority –the Food Safety and Standards Authority of India with head office at Delhi


2006

Maintenance and Welfare of

Parents and Senior Citizens Act

2007 The act defines senior citizen as any citizen of India

aged 60+, whether living in India or not.

Every Senior Citizen who is unable to maintain himself from his own income, can claim maintenance from his children.

A childless Senior Citizen can claim maintenance from his relative who is in possession of, or would inherit his property.

State Governments are to constitute “Maintenance Tribunal” at Sub Divisional Level.

State Governments have designate the District Social Welfare Officer or an equivalent officer as Maintenance Officer, who can then represent a parent, on request, before a Maintenance or Appellate Tribunal.

Maintenance and Welfare of

Parents and Senior Citizens Act

2007 Maintenance Tribunal can award up to Rs. 10,000 per

month as maintenance allowance payable to the senior

citizen by his child/relative.

They’ve to give judgment in 90 days.

If child/relative is neglecting the senior citizen after

getting his property, then Tribunal Appeal can declare

such property transfer null and void and return it to the

senior citizen.

Abandonment of a Senior citizen is punishable with

imprisonment up to 3 months and or Rs. 5000

National Health Bill 2009

The Bill had listed the obligations of the Central and State

governments in healthcare delivery and also the individual

rights.

It would also have made healthcare delivery far more

transparent, accountable and inclusive.

Aim :-

protection and fulfilment of rights in relation to health

and wellbeing,

health equity and justice, including those related to all

the underlying factors of health as well as health care;

and for achieving the goal of health for all; and for

matters connected therewith.

National Health Bill 2009

Important Features :-

Right to Healthcare

Good treatment

Emergency Care

Patient Complaints

Name of doctor involved in treatment

Summary & Second Opinion

Cost of Treatment

Rights of healthcare providers

Problems With public health

laws

Lack of awareness

Social aspects

Implementation problem

Improper reporting

Long time is taken in prosecution

Practical problem :- Like in case of PC & PNDT Act, it is

difficult to get proof for determination of sex because

only mother and person performing the techniques

knows if sex determination has been done and none of

them admits.

Widespread corruption

Problems With public health

laws

Problems of antiquity, inconsistency, redundancy, and

ambiguity rendering these laws ineffective, or even

counter productive, in advancing the population’s health.

Complex language of Acts

Suggested approaches

An approach to rectify these problems in public health

law should reform laws so that they confirm with modern

scientific and legal standards and more uniformly

addressed different health threats.

In this regard, it is desirable to develop a public health

law programme designed to improve the scientific

understanding of the interaction between law and public

health and to strengthen the legal foundation for public

health practice.

Strengthening of awareness activities.

New approaches

National Legal Literacy Mission :-

Launched on March 2005

Initiated by National Legal Services Authority (NALSA)

endeavor to empower the economically and socially

disadvantaged citizens by making them legally literate

Objectives:

To promote awareness and redress social and economic

imbalances

To ensure land rights, providing legal aid to the needy

To promote social consciousness with respect to gender

equality, social justice, environmental protection, human

security and human development

References

Kishore J. National Health Programs of India. National Policies and

legislations Related to Health. 10th edition. New Delhi.

Govt. of India. The infant milk substitutes, feeding bottles and infant food

(Regulation of Production, Supply & Distribution) Act 1992 (No. 41 of 1992).

Govt. of India. The narcotic drugs and psychotropic substances act, 1985.

(61 of 1985)

Govt. of India. Cigarettes and Other Tobacco Products (Prohibition of

Advertisement and Regulation of Trade and Commerce, Production, Supply

and Distribution) Act, 2003.

The protection of women from domestic violence act, 2005 (43 of 2005)

Ministry Of Law And Justice. Food safety and standards act, 2006 (34 of

2006)

The pre-natal diagnostic techniques (Regulation and prevention of misuse)

act, 1994 (57 OF 1994) Amendment act, 2002 (No.14 of 2003)

Ministry Of Law And Justice. The mental health act, 1987 .New Delhi,1987

health legislations

Health & Medicine

health status

public health actions

public health lawthe

legislative body

protection of community

state legislative

houses of parliament

legislative proposals