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Background: The Integrated Disease Surveillance Project (IDSP), 2004 addresses disaster preparedness, disease surveillance, disease data to respond to epidemics. The 12th Five Year Plan envisages disease surveillance for district-level laboratories and epidemic-centric diagnostic centers in consultation with the National Informatics Centers (NIC) and Indian Space Research Organization (ISRO). Objectives: These health policies need a critical appraisal in the COVID-19 pandemic and disaster preparedness in India’s system. The Ministry of Health and Family Welfare (MoH&FW) and Indian Council of Medical Research (ICMR) pandemic cum disaster mitigation strategy analysed from risk mitigation to public health emergency in disaster management. The three-tier network labs and diagnostic centers, disease surveillance and disaster preparedness examined critically in the context of Disaster Management Act (DMA), 2005. Methodology: The methodology of the study derives from European disaster management response to the COVID-19 pandemic. The World Health Organization (WHO) India Chapter and National Institute of Disaster Management (NIDM) disaster management strategies utilized as model for the epidemic and pandemic control. The SIR epidemiological model for the COVID-19 mortality applied in the emergency paradigm of health care system in COVID-19 pandemic. Results: COVID-19 pandemic and disaster preparedness in India revolves around the Indian Penal Code (IPC), 1860 and Epidemic Diseases Act (EDA), 1897 Disaster Management Act (DMA), 2005, and Epidemic Diseases (Amendment) Ordinance, 2020. The sordid and wise experiences for the Disaster Management and COVID-19 pandemic culminate into 5 Ps Disaster Management adopted by India.5 It spells out the proof of concept with social experiment, proactive approach, people management, partnership, preparation, and collaboration. Conclusion: The National Disaster Management Authority (NDMA) assumes a pivotal role in controlling the infection and spread of the COVID-19 pandemic under the WHO Guideline of the disaster management cycle having a multi-component approach. The COVID-19 pandemic and disaster preparedness in India’s health system moved from risk mitigation to public health emergency in disaster management. Bangladesh Journal of Medical Science Vol.20(5) 2021 p.41-48

Vitriolage (acid attack) involves an intentional act of violence in which any corrosive is thrown onto the face and body of a person with the intention of disfiguring them. The most common type of corrosive used in these attacks is sulfuric acid (oil of vitriol) hence the name "vitriolage". Sulfuric acid is a strong acid/corrosive and has a toxic nature that is capable of causing bodily injuries leading to damage to mucous membranes, tissues and skin with blindness, burning, and scars often leading to significant disfigurement with temporary or permanent disability. The main reasons for acid attacks are marriage refusal, rejection of love proposals, dowry issues and male aggression. Acid attacks have horrendous physical, social, psychological and economic effects on victims. This review will delineate the various legal provisions relating to acid attacks with special reference to the recent Indian Criminal Law Amendment Act of 2013 which addressed the issue of these attacks specifically by making it a separate offence in the Indian Penal Code under sections 326 A and B. The Bangladesh Acid Offences Prevention Act 2002 and Acid Crime Control Act, 2002, and legislation and policies combating acid attacks in Cambodia, Nepal and Pakistan will also be mentioned. Additionally, the paper will discuss the role of the judiciary in South Asia by focusing on other landmark judgments and decisions and throw light on the campaign in India namely "Stop Sale Acid" aimed at stopping the unrestricted sale of acid. Finally, further suggestions are proposed to assist in combating this heinous crime.

All the three Indian gastroenterology societies (Society of Gastrointestinal Endoscopy of India, Indian Society of Gastroenterology, and Indian National Association for the Study of the Liver) jointly recommend to consider only emergency and urgent endoscopy procedures for the next 1 month or till the current threat due to coronavirus disease 2019 (COVID-19) is over.Two laws that are penal in nature are now applicable in the current pandemic, namely the Epidemics Diseases Act 1897 and the Indian Penal Code 1860. No act of an endoscopist should be seen to be in contravention of any of the aforementioned laws, and the sections thereunder as provisions of the Indian Penal Code can be attracted in the current scenario for spreading an infectious disease either knowingly (Section 270) or unknowingly or negligently (Section 269).Section 4 of the Epidemics Disease Act 1897 gives legal protection to every person who has acted under this Act or the directions issued under this Act subject to only one condition, that is, the act must have been done in good faith.Though the hospitals are obliged to ensure personal safety of its staff legally, morally and ethically, because of the huge gap in demand and supply of personal protective equipment (PPE), it is advisable to arrange PPE on one’s own to first protect oneself and then, by extension, to prevent the spread to others. The dictum is “take care of yourself.” Self-preservation is a supreme law.In the current COVID-19 pandemic conditions, certain additional information, to be agreed upon by the patient, needs to be incorporated in the consent. It should be incorporated in the consent that:• While all the necessary precautions are being taken, there is a finite though small risk that the patient may contract the infection from the hospital.• He/she indemnifies the hospital and the endoscopist against any such liability arising out of any action taken while doing the procedure.• Furthermore, to protect the patient him/herself, he/she agrees to get the preprocedural test for COVID-19 as well as bear the additional cost of the PPE used by the endoscopist and support staff.Several of those who have undergone an endoscopy would require a follow-up consultation. As it is difficult to have physical interaction, teleconsultation may be done as per the telemedicine practice guidelines issued by the Medical Council of India (MCI).

The judicial and summary punishment of whipping—absent from the Indian Penal Code (IPC) of 1860—was passed into law through Act No. VI of 1864. This legislation, tacked on as an appendage to the IPC, invested the judge with wider discretionary powers to administer violence across Indian society. In this case what emerged was an evolving attempt to enlarge the colonial state's capacity for quotidian violence, targeting certain bodies to reaffirm, manage, and police the social hierarchies upon which colonial sovereignty depended. In the context of a slow imperial movement away from the cast-iron distinctions that had been made between groups in the early nineteenth century—distinctions that had, among other things, supported a legally enforced system of slavery—new methods to mark the value of different bodies were created. The events of the 1850s, in particular the rebellion of 1857–1858, saw the re-emergence of the colonial idea that certain bodies could withstand violence, and that violence itself could be used to create economically productive colonial societies, in debates around penal law and punishment. This article will trace this history through formal legal restrictions and informal legal-cultural practices in relation to corporal punishment in colonial India. Over the course of the period under study, this legislation introduced into law what one official termed ‘the category of the “whippable”’.1Charting the changing shape of this legal category along lines of race, gender, caste, class, and age, the article will argue that a logic of exceptionality, channelled here through the application of judicial violence, attempted to structure and manage Indian society in complicated ways.

The national legal preparedness for COVID-19 pandemic has feeble supportive health legislations The limits of sanction and extent of liberation never took the critical understanding and discourse building of health equity during the sledgehammer lockdown period The legal strategy policy is power centric and underplays the government's duties and the citizens' rights The government clamped national lockdown to combat COVID-19 pandemic under Indian Penal Code, 1860;Epidemic Diseases Act, 1897 and the Epidemic Diseases (Amendment) Ordinance, 2020 The statutory innovation of 'catastrophe and calamity' beyond the 'coping capacity of the community' of Disaster Management Act, 2005 did not extend to relief and rehabilitative mechanism of Disaster Management Act, 2005 The slew of the enactments such as National Health Bill, 2009 and Public Health (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill, 2017 stalled even in a situation when India became the third country in terms the COVID-19 infections The Indian government did not resort to Article 47 and Entry 29 of the Constitution of India, 1950 to embark on quarantine and health laws There is an urgent need of the new generation of epidemic and pandemic driven laws to combat the cascading effect of the COVID-19 beyond the colonial parameters © 2020, Advanced Scientific Research All rights reserved

Background: The Section 84 of the Indian Penal Code (IPC) describes how Indian courts have to deal with 'the act of an unsound person'. This study was undertaken with the objectives of estimating the success rate of insanity pleas in Indian High Courts and determining the factors associated with the outcome of such insanity pleas. Materials and Methods: The data was collected from the websites of 23 High Courts of India using the keywords 'insanity' and 'mental illness', and the judgments delivered between 1.1.2007 and 31.08.17 were retrieved. Information regarding the nature of the crime, diagnosis provided by the psychiatrist as an expert witness, documents used to prove mental illness, and the judgment pronounced by the High Court were retrieved. Results: A total of 102 cases were retrieved from 13 High Courts for which data was available. Out of the 102 cases examined, the High Court convicted the accused in 76 cases (74.50%), thereby rejecting the insanity defense. The High Court acquitted the accused under section 84 IPC in 18 cases (17.65%), thereby accepting the insanity plea raised by the accused. Chi-square tests of independence revealed that the verdict of the lower court, documentary evidence of mental illness prior to the crime, and the psychiatrist's opinion were associated with the success of insanity pleas. Conclusion: Insanity pleas had a success rate of about 17% in Indian High Courts in the past decade. The factors associated with success of insanity pleas provide valuable guidance to several stakeholders who are dealing with mentally ill offenders.

Self-inflicted abdominal injuries are uncommon. Fatal self-inflicted abdominal injury is a rare occurrence, especially as a custodial death. A prisoner under-trial for attempted suicide was in judicial custody and was found unconscious in a pool of blood in the bathroom with cut open abdomen and exposed coils of intestine. The bathroom was found locked from inside and had to be forcibly opened. In spite of immediate hospitalisation and appropriate emergency surgical treatment, he succumbed on the same day. As the person had previously made several futile attempts to commit suicide and was in fact under trial for the crime of attempted suicide (section 309 of Indian Penal Code), the prison authorities had already taken good precautions to prevent access to any type of weapon, instrument, or material that could rekindle the thought of another attempt. In spite of all this, he successfully committed suicide with an apparently innocuous object, a disposable razor. This case is reported for the rarity of occurrence of this type of suicide, and it highlights the importance of utmost precautions to be taken in dealing with prisoners having suicidal tendencies.Samookaleczenia w okolicy brzucha nie są często spotykanym typem urazów. Samodzielnie zadane, śmiertelne rany jamy brzusznej należą do rzadkości, zwłaszcza w zakładach karnych. Mężczyzna osadzony w areszcie śledczym w toku postępowania prowadzonego z powodu podjęcia próby samobójczej został znaleziony w łazience, w kałuży krwi, z rozciętym brzuchem i odsłoniętymi pętlami jelit. Drzwi łazienki były zamknięte od wewnątrz i aby dostać się do pomieszczenia, niezbędne było sforsowanie ich siłą. Pomimo niezwłocznej hospitalizacji i leczenia operacyjnego w trybie nagłym pacjent tego samego dnia zmarł. Ponieważ mężczyzna miał za sobą kilka nieudanych prób samobójczych i toczyło się wobec niego postępowanie w związku z usiłowaniem samobójstwa (przestępstwo z art. 309 indyjskiego kodeksu karnego), władze aresztu śledczego podjęły odpowiednie środki ostrożności, aby uniemożliwić mu dostęp do jakiejkolwiek broni, narzędzia lub materiału, które mogłyby skłonić go do podjęcia kolejnej próby. Mimo to mężczyzna popełnił samobójstwo przy użyciu pozornie nieszkodliwego przedmiotu – jednorazowej maszynki do golenia. Przypadek jest wart zaprezentowania ze względu na rzadkość tego typu samobójstw. Pokazuje on również, jak ważne jest zachowanie środków ostrożności wobec więźniów ze skłonnościami samobójczymi.

Humanity is going through a tough and challenging phase due to an outbreak of COVID 19 The Pandemic has taken the lives of millions of people all over the world An element of threat is prevailing within individuals and Governments of all the Nation, big or small As on 7th September 2020, the World Health Organization (WHO) estimates 27,312,773 corona Cases, out of which 893,463 people have succumbed to the disease and 19,383,476 patients have recovered from the disease 7,035,834 cases are still active The number of Corona cases in India is equally alarming COVID 19 is an infectious disease caused by a newly discovered coronavirus World Health Organization (WHO) declared COVID -19 as a Public Health Emergency of International Concern on 30th January 2020 The disease is deadly and highly contagious , The WHO guides that “The disease spreads primarily from person to person through small droplets from the nose or mouth, which are expelled when a person with COVID-19 coughs, sneezes or speaks” In this background the Government of India declared Lockdown to reduce a person to person contact and curb the impact of the pandemic This entire episode of an ongoing pandemic caused by COVID 19 has given rise to many issues one of them is a mass exodus of migrant workers from cities to villages and small towns Government’s Lockdown suggests people stay indoors so that pandemic can be curbed but the mass exodus of migrant workers is an absolute violation of the order The author is analyzing the International and domestic commitment by the Government vis-a`- vis criminal liability of migrant worker under Indian Penal Code, 1860 This article is dealing with the international and national commitment of Government towards Migrant worker’s Rights and criminality of actions of migrant workers in breaking the Governmental orders to restrict the spread of deadly disease like Covid19 The purpose of the article is to find out whether exodus or reverse migration is because of the failure of the government machinery in securing migrant workers’ rights or failure of migrant workers in observance of Governmental orders To achieve this purpose, the author has analyzed three factors - firstly, India’s commitment towards fundamental International principles on migrant worker’s rights;secondly, interpretation of principles protecting rights of worker guaranteed under the Constitution of India and statute on migrant worker’s rights in India and thirdly violation of lockdown rules by the migrant workers with reference to Sections 269, 270, 271 of Indian Penal Code 1860 The research methodology used is descriptive, doctrinal and based on secondary resources like United Nation`s instruments entrusting responsibility on Governments of State Parties, Constitution of India,1950, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Newspaper reports, WHO reports and the Indian Penal Code,1860

BACKGROUND: Removal of tooth is just a routine dental surgical practice, where negligence is a must avoidable contingence. Still, few complications may arise during or after the procedure. One of the rare complications is the breakage of surgical instrument or presence of any foreign body (FB) in extraction socket. This may be due to improper handling of a surgical instrument or using substandard tools, which may lead to breakage of the instrument or any negligence by the patient himself. This negligence can be on various levels, like professionals, manufacturers or patients. All these events may cause serious outcomes pertaining to the medicolegal issues. PURPOSE: The aim of this study was to classify the negligence in oral surgery for legitimacy with possible management for the retrieval of the FB and discuss various Indian Penal Codes for Medical Negligence according to the Constitution of India and its implications. METHOD: Diagnosis and surgical retrieval of FB associated with extraction socket were performed in three cases. Incision, flap reflection, identification of FB and successful retrieval followed by suturing under local anesthesia were achieved. Routine medications were prescribed. The FB were sent for stereomicroscopic examination. RESULT: All the patients were followed up after a week, and no complications were observed. Suture removal was carried out, and oral hygiene instructions were given. The FB were found to be piece of lead, broken tip of a dental elevator and broken diamond round bur. CONCLUSION: The negligence can occur at any stage, and it has its medicolegal aspects. This negligence can be apprehended in front of the Indian Penal Code for Medical Negligence. Hence, a classification is required to understand and subdivide the negligence to find the legitimacy over the medicolegal implications.

A large number of children in India are raised in institutions across states. The sheer poverty in the country forces a large number of children to be placed under such care. There can be a variety of reasons on why children wind up in institutionalised care. Children who hail from divorced families, street children and others are most liable to such care. There is hardly any provision for any governmental care of children and private individuals or groups, in the form of NGOs, run most of the institutionalised care homes. Even though there are many who run such homes for the noble purpose, many do not conform to the purpose of providing care and affection but involve in illegal activities. A large number of such institutions in India are set up in a haphazard manner, and most of such orphanages are set up illegally. This paper will lay emphasis on the care provided by the orphanages in India. It will look at the physical and psychological impact that such institutionalised care has on children. It will also look at some of the main issues surrounding the institutionalised care of children in such orphanages. The paper will focus on trafficking in orphanages and will elucidate the very prominent and much highlighted case of trafficking racket in the state of Kerala that exposes the darker side of such orphanages. The paper will address all the stated issues from a human rights perspective, whereas referring to the Constitution of India and the protection granted under it as well as other Indian laws, including the Indian Penal Code and others, in this respect. The cases of abuse reported in such institutionalised care disrespect the basic human rights granted to every child and disregards international laws and various covenants like the Convention on the Rights of Children. The paper will refer to these international legal provisions and the view of the United Nations with reference to institutionalised children. Finally, there is absolutely no use in merely stressing on various problems without furnishing any solutions. Thus, in the conclusion, the paper will suggest certain steps and measures that is the need of the hour in order to improve the conditions of such children so that they can lead to a much better and wholesome life.

The Supreme Court of India recently decriminalised homosexuality by passing a landmark judgment in the case of Navtej Johar and Others v. Union of India. In its judgment, the Court held that Section 377 of the Indian Penal Code, 1860 is unconstitutional in as much as it criminalises consensual sexual acts between two adults. The Court held that Section 377 discriminates against persons of the LGBTIQ community based on their sexual orientation and violates their fundamental rights guaranteed by the Constitution of India. The Court arrived at this conclusion after considering established principles of constitutional law, foreign precedents and expert opinions. However, a crucial part of the Court�s reasoning was based on a close reading of the Mental Healthcare Act, 2017. The Court relied on the anti-discriminatory provisions of the Mental Healthcare Act, 2017 to observe that homosexuality is not a mental illness or mental disorder, and that LGBTIQ persons cannot be discriminated against on the basis of their sexual orientation. The Court�s reading of the Mental Healthcare Act, 2017 and Section 377 is significant as its rationale can be extended further to challenge other laws which discriminate against persons with mental illness. The Court also highlights the responsibilities of mental health professionals and counsellors while providing mental healthcare to LGBTIQ persons. Finally, the Court�s reading of the Mental Healthcare Act, 2017 is also a recognition of its commitment as an anti-discrimination legislation which upholds constitutional values and protects the rights of persons with mental illness.

Michel Foucault has explored the ways in which, beginning in the eighteenth century, punishment started to become ‘the most hidden part of the penal process’ and justice ceased to take ‘public responsibility for the violence that is bound up with its practice’ (Foucault, 1979, 9). For Foucault this signalled the emergence of biopower – or the power over life, in contrast to the sovereign power over death – in the operation of penal practices, and with it a shift away from corporal punishment to incarceral disciplining. Although Foucault locates the emergence of such a penological model in Europe, scholars of colonialism have argued that it was part of a larger disciplinary and regulatory regime that emerged through interconnections between Europe and its colonies (Bhattacharya, 2009, 10). In the case of colonial India, as in other colonial contexts, biopolitical technologies facilitated the gradual demise of public execution in the early nineteenth century and the replacement of forms of punishment such as torture and mutilation with labour. But the rationale for such transformations in penal practices, while in part driven by the urge to manage the Indian population, was also fostered by concerns about the need to ameliorate Indian ‘habits’ and ‘prejudices’ and allay anxieties regarding colonial governance (Bhattacharya, 2009, 11). Yet, in spite of such concerns, torture did not disappear as a mode of punishment in colonial India. While torture was a punishment that could be inflicted for certain offences under Muslim law, such provisions had largely been eradicated from Indian legal practice by the early nineteenth century, barring the infliction of whipping. Although the Indian Penal Code, which came into effect in 1862, abolished whipping as a form of punishment, it was re-introduced two years later through the Whipping Act. According to Sir Charles Trevelyan, Finance Member of the Indian government, the act, which provided for sentences of up to 150 stripes for committing a variety of offences, served to ‘establish and legalise torture throughout India’ (Macpherson, 1864, 24). Such ‘judicial torture’ was, moreover, liberally applied as a means of managing ‘disorder’ (from offences such as stealing a tiffin box or a pair of shoes or, in one notorious case, a flower from a public park), often on starved and emaciated bodies.

Traffic Violations (except grave offences like hit-and–run cases) are considered as petty violations of laws in Indian context. The punishments prescribed for traffic rule violations stem out majorly from Motor Vehicles Act,1988 (amended in 1994) and partly from the provisions of Indian Penal Code. But such sentences may remain limited to pecuniary fines or jail terms for a minimum period. In most cases, the offender may not have to undergo the later especially when the provision provides option between pecuniary fines and jail term by including “or” in the penal portion. This article claims that such nature of punishment may not serve actual purpose of traffic violation penology because the offender may get away only with pecuniary fines and may repeat the offence since he/she may know that he/she may always get away with ‘just fines’. This article offers solution for this from Therapeutic Jurisprudential perspectives using the "Safe driving center model" proposed by Winnick & Perez(2009).

Background: The forensic discipline of law is a multidisciplinary team comprising of specialists in forensic medicine, forensic odontology, security and law. Aim: The study was to find the awareness level of scope and utility of forensic odontology among lawyers in Chennai, South India. Materials and Methods: A cross-sectional study using a self administered structured questionnaire was conducted in 200 lawyers between August and September of 2013. The data was analyzed depending on age, gender, type and years of practice. Results: Lawyers above 40 years of experience were more aware of palatal rugae analysis (P = 0.02), and those with more than 20 years were aware of lip print (P = 0.001) and bite mark analysis (P = 0.001). Males were more aware of forensic odontology with respect to criminal identification (P = 0.001). The knowledge of bite mark analysis was higher among male lawyers (P = 0.001), civil and criminal practicing lawyers (P = 0.004). All participants were aware that loss or fracture of tooth constitutes a grievous injury under Indian Penal Code (IPC) 320 clause 7(5). Conclusion: This study highlighted the knowledge of forensic odontology among legal professionals and also identified the areas in which they need further appraisal.

BACKGROUND: The Indian penal code defines homicide as the killing of human being by another human being. OBJECTIVE: Study pattern of homicidal deaths in Varanasi region of India METHOD: The present study comprised of homicidal deaths in medicolegal autopsies held in the mortuary of the department of Forensic Medicine, Institute of Medical Sciences, Banaras Hindu University, Varanasi, U.P., India, during the period from 1st July 1999 to 30th Nov. 2000. RESULTS: It was observed that 23.01 % of total autopsies were homicidal death and 4.73 % were homicide by firearm and explosives. Maximum victims of homicides was due to firearm injury constituting 18.10 percent of total homicides. This was followed by sharp weapon (17.69%), blund weapon (16.87%) and asphyxiation (16.46%). Burning was the causes in 16.04 per cent and drowning in 4.54 per cent. Mixed weapon /method was responsible for 4.11 per cent of homicide, poisoning (3.73%) and explosive (2.46%). It is to be ovserved that firearm and explosive together comprised 20.56 per cent of total homicide. Age and sex distribution of victims of homicise by fire arm and explosive was also studied and observed that most of the victims (94%) were male and only few v ictims (6%) were female. Over majority (62%) were young adult in the age group of 21-40 years.18 % victims were of middle age (41-50 years). Adolesecents comprised 10 %. Only 2 % of victims were old aged, 61 Years and above. There were two female victims in the age group 31-40 years and one victim in the age group of 0-10, 11-20,41-50 and 61 and above. Most of the victims (93%) of homicide by firearm and explosive were hindu followe by Muslims (5%) and Sikhs 1% Religion of one victim could not be ascertained. Over majority 51.61% of hindu victims belonged to upper caste followed by lower casts 40.86% and schedule casts 7.52%.Of the total of five muslim victims , four were sunni and one belonged to shiya sect. There were no victims belonging to Christian or Buddhist. Religion/caste of one victim could not be known. CONCLUSION: There has been a phenomenal rise in the use of firearms and explosives for committing various crimes leading to death of victims. This spurt in its use may be attributed to the deteriorating socio-economic, and law and order situation as also easy availability of both licit and ilicit as well as improvised or country made firearms and explosives all over India.

Physician-assisted suicide (PAS) is a controversial subject which has recently captured the interest of media, public, politicians, and medical profession. Although active euthanasia and PAS are illegal in most parts of the world, with the exception of Switzerland and the Netherlands, there is pressure from some politicians and patient support groups to legalize this practice in and around Europe that could possibly affect many parts of the world. The legal status of PAS and euthanasia in India lies in the Indian Penal Code, which deals with the issues of euthanasia, both active and passive, and also PAS. According to Penal Code 1860, active euthanasia is an offence under Section 302 (punishment for murder) or at least under Section 304 (punishment for culpable homicide not amounting to murder). The difference between euthanasia and physician assisted death lies in who administers the lethal dose; in euthanasia, this is done by a doctor or by a third person, whereas in physician-assisted death, this is done by the patient himself. Various religions and their aspects on suicide, PAS, and euthanasia are discussed. People argue that hospitals do not pay attention to patients' wishes, especially when they are suffering from terminally ill, crippling, and non-responding medical conditions. This is bound to change with the new laws, which might be implemented if PAS is legalized. This issue is becoming relevant to psychiatrists as they need to deal with mental capacity issues all the time.

According to Hinduism, the main religion of India, the end-of-life (EOL) deals with good and bad death. The WHO definition of palliative care stresses on improving not only the quality of life of patients facing incurable diseases but also their families by providing relief from the pain and suffering that includes the psychosocial and spiritual needs as well. The Indian Society of Palliative Care has been doing a commendable work and appreciable efforts are being done by the Kerala model of delivering the EOL care. The spiritual, ethical issues and ethical challenges raised when the patients are in terminal phase are also reviewed keeping in mind the socio-cultural norms. The Indian Penal Code (IPC) has lacunae, which hamper the physicians from taking proper decision in the EOL care. Some of the sections like IPC 309 are defunct and need to be changed. The Indian Society for Critical Care Medicine has developed a position statement on the patient management of the terminally ill patient in the Intensive Care Unit (ICU) which states that the society should move from the paternalistic model to the share based decision model of the West when deciding the fate of such patients. The literature review on the Indian research on palliative care shows very little emphatic results and the medical under graduates show illiteracy. To strengthen it Medical Council of India has included the palliative care in its curriculum by starting a PG course. Literature review revealed that more research from Indian perspective should be done in this area. This article studies the core issues of developing palliative care in Indian setting keeping in mind the ethical, spiritual and legal issues.

Current scenario of crime rate in India is increasing day by day. Increasing of crime rate in India depicts an extremely poor condition of our country law and order. According to national crime bureau (NCRB), ministry of home affairs, Government of India, during 2010, a total of 67,50,748 cognizable crimes comprising 22,24,831 Indian Panel Code crimes (IPC) crimes and 45,25,917 special and local laws( SLL) crimes were reported that there was an increase of 1.1% over 2009 (66,75,217). According to Indian Penal Code crime rate has increased by 3.9% over 2009. Crime rate from 1953-2011 shows that crimes such as dacoity and burglary/house breaking has been decreased by 59 years but crimes such as murdered, rape, kidnapping and abduction, robbery and riots have been increasing day by day. Murder has increased by 250.0% (from 9,802 in 1953 to 34,305 in 2011), rape 873.3% (from 2,487 in 1971 to 24,206 in 2011), kidnapping and abduction by 749% (from 5,261 in 1953 to 44,664 in 2011) and riots by 233.7% (from 20,529 in 1953 to 68,500 in 2011).

As surgeons, we are morally committed to respecting the right of self-determination of patients, thus an informed consent is necessary before any operative intervention. Many neurosurgical patients are incapable of giving consent because of impaired consciousness. Moreover, neurosurgical procedures involve high risks and often are time sensitive; therefore obtaining consent is a challenging job. Patients and their family members need immense courage, understanding, and trust before giving consent for a surgical procedure to a doctor. Lawsuits against doctors are on the rise and it is important to understand “what is consent?” in legal parlance.

Marriage in India is a voluntary union for life of one man and one woman to the exclusion of all others. It is a social association where the husband has the responsibility to take care of and maintain his wife and not to neglect his duties. But in relation to this great institution, the problem of the "dowry" still persists. Women are ill-treated, harassed, killed or divorced for the simple reason that they do not get a dowry or do not get a sufficiently large one. To safeguard the interest of women against the cruelty they face within the four walls of their matrimonial home, the Indian Penal Code 1860 was amended in 1983 and section 498A was added. This deals with "Matrimonial Cruelty" to a woman. Matrimonial Cruelty in India is a cognizable, non-bailable and non-compoundable offence. Notwithstanding that the practice of demanding dowries was made illegal in India over 50 years ago, the (London) Times on 18 January 2012 reported that a study in 2007 concluded that "there is a dowry-related death in India every four hours". Official statistics in India show there were 8,391 dowry-related deaths in 2010, and there may well have been more. Why has leglislation that criminalises these appalling practices failed to stop them?

Drug addiction and its relation with mental illness and criminal behaviour has become a universal truth. The countries, who are facing this controversy at a grand level have already taken multiple steps to ensure that this controversy does not spread otherwise it will become uncontrollable issue for both the Government and society at large. Defence of insanity is an immunity given to the criminal who had acted out of mental disorder and had not otherwise committed the offence he has charged with. Similarly the prolonged drug abuse has the same effect on the mental wellbeing of the addict that he become deprived of mental and physical control or assessment of his/her actions. Since drug addiction has become a deep wound in the heart of India and daily there is news of drug overdose deaths and criminal behaviour due to drug dependence, it has become important to completely shift the approach of the government and judiciary while prosecuting/convicting such offenders as they are not in their right mind or body to differentiate between right and wrong. This research paper explore the relation between drug addiction and mental illness in terms of allowing the defence of insanity to drug related offenders. This research paper will also throw light upon the present anti-drug legislation in India and the approach of International fraternities to tackle the menace of drug abuse in an effective manner.

The prevalence of suicides has been increasing in recent years. The number of persons who attempt to die by suicide is 25 times that of the number of those who die by suicide every year. Indian Government passed the Mental Healthcare Act (MHCA), 2017 in the middle of 2018. Section 115 of the act decriminalized the attempt to die by suicide, thereby reducing further stress on the victim. This has legal implications with regard to abetment laws of Sections 109, 116, 306, and 309 of Indian Penal Code. Regarding mental healthcare delivery, this act enables the person who attempted to die by suicide, to access free healthcare, treatment, and rehabilitation. The cost implications for the government are enormous. Medical professionals, mental health professionals, and general and mental health establishments involved in the care of persons who attempted to die by suicide need to update their knowledge to enhance their assessment and management skills to align with the provisions of the act. Massive public awareness programs need to be conducted to enable persons who attempted to die by suicide, to access mental healthcare as per the provisions of the MHCA 2017.

The English poet William Ernest Henley wrote: “I am the master of my fate, I am the captain of my soul.” However, Hamlet's dilemma of “to be or not to be” faces many a soul in times of distress, agony and suffering, when the question asked is “to die or not to die”. If the decision were to die and the same is implemented to its fructification resulting in death that is the end of the matter, the dead is relieved of the agony, pain and suffering and no evil consequences known to our law follow. But if the person concerned were unfortunate to survive, the attempt to commit suicide becomes punishable with imprisonment and fine under Section 309 of the Indian Penal Code (IPC). Petitions have assailed the validity of Section 309 IPC praying time and again to declare the section void. On the other hand, euthanasia and physician assisted suicide have become prominent public issues in many countries over the past few years. Several countries or regions of countries have debated legislation on euthanasia and/or physician assisted suicide. Although there is growing public acceptance of physician-assisted deaths all over the world, many professional organizations remain opposed to it. Most of the debates on the issue are usually framed as issues of morality while many basic empirical questions remain unanswered. This paper attempts to examine the causes and consequences of attempted and completed suicide.

This chapter outlines the procedures involved in death investigation in India. The police inquest and the magistrate inquest are presently the two types of inquests prevailing in India. The coroner system in India is a thing of the past having being abolished in the late 1990s. The role of a doctor in death investigation and the complexities of death investigation are described in addition to the types of inquest. India needs a better type of inquest system where forensic medical experts play a role in not only conducting the autopsy but also in examination of the death scene routinely.

Dowry-related issues constitute a major public health problem in India and dowry deaths continue to plague civilization despite the enactment of the Dowry Prohibition Act to curb the social evil of the dowry system wherein a gift, monetary or otherwise, is offered to the bridegroom by the bride’s parents on demand by the groom’s family. Dowry harassment of young, married women resulting from gender inequality in the Indian patriarchal society remains a challenge to be curbed. This chapter focuses on violence against young, married women as a result of the prevailing dowry system in India in a social and medicolegal context.

Physician assisted suicide (PAS) and Euthanasia as it is now known, is essentially the doctrine that when, owing to disease, senility or the like, a person’s life has permanently ceased to be either agreeable or useful , the sufferer should be painlessly killed either by himself or by another. The intentional termination of patient’s life in such a situation by an act or omission of medical care is called euthanasia or mercy killing. This is the most active area of research in contemporary bio ethics. The present article is aimed to have a global overview regarding legalization of euthanasia and the current Indian scenari o, legally and ethically regarding this issue

Homicidal burning of married women in India is a major concern for the Government, law-enforcing authorities, the judiciary, the police and medico-legal experts all over the country who are associated with dowry disputes. Dowry death, a heinous crime, is gradually engulfing and polluting the entire society. Sections 304(B) and 498(A) of the Indian Penal Code (IPC) have been introduced and Sections 174 Criminal Procedure Code (Cr PC) and 176 Cr PC have been modified but, instead of deterring dowry deaths, the occurrences are increasing day by day and the number of cases coming for post-mortem examination is rising. Both parties, that is, the parents and in-laws of the deceased, are becoming adept at manufacturing circumstantial evidence to serve their own interests. Therefore, to establish the truth and for the smooth administration of justice, reliable unbiased medical evidence has to be corroborated. This study presents retrospective research carried out in the tertiary care teaching hospital of MKCG Medical College, Berhampur, Eastern India, for a five-year period between January 1998 to December 2002. From a total of 58 burned wives, 32 (55.1%) were homicidal burns. These cases were analyzed in view of epidemiological and medico-legal aspects. The majority of the affected women (90.63%) were in the 18 to 26 years of age group. Death occurred within the first few years of marriage and most of them had no children. All the victims belonged to the Hindu religion and 62.5% of incidents occurred during the daytime. In 71.87% cases the incident occurred in rural areas. Eighty-three per cent of cases occurred in a joint family within the house. In most cases, kerosene was the accelerant and flame was the causative agent. In more than 68.75% of cases the total body surface area involved was more than 80%. Most victims died at the time of the incident, or within the subsequent 24 hours, due to hypovolumeic shock. The education status in 70.21% cases was either illiterate or under matriculation. More stringent laws and female independence both mentally and economically will reduce the homicidal burns in young brides.

This paper gives an overview of the status and practice of forensic psychiatry in India. It traces the origins of mental health legislation and describes the fundamental aspects of criminal law as it relates to psychiatry, particularly with reference to provisions for diverting mentally disordered offenders (MDOs) to rudimentary and often non-existent mental health services. The archaic nature of mental health law, coupled with the criminal justice system's ignorance of underlying fundamental principles, affects thousands of MDOs. The breaches of human rights and absence of access to legal redress combine to highlight the lamentable condition of the MDO, an invisible group, despite recent efforts by the judiciary and the National Human Rights Commission of India. The research concludes by identifying core areas that require radical rethinking for the care and management of this dually disadvantaged group to reach acceptable standards.

We have reporting herein two cases of victims of sexual abuse, both 8 years old girls, both presented with symptoms of irritability, withdrawn behavior, fearfulness, anxiety, and abusive language toward family members. These symptoms appeared following sexual abuse. We are highlighting early identifications of child sex abuse and discussed the legal aspects of child abuse and "protection of children from sexual offences act" 2012. Finally, we have discussed how to prevent such incidences including incorporating school awareness programs in targeted girls′ group.

Intent or mens rea and the Act or actus reus are essential components of a crime and absence of one can lead to complete acquittal of the defendant. I report two cases where there are broad similarities in the nature of the mental disorder, but the intent was lacking in one of the cases. The interplay between symptoms of mental illness, presence of intent, and other relevant factors can lead to differing outcomes when the cases go to the court. An opinion from a psychiatrist is valuable in such cases and indeed written and/or oral evidence from a psychiatrist is required under the mental health act in the UK before certain decision can be taken in the court.

Background: - Age estimation among the living subjects is an important parameter in past, present and future Due to more and more immigrants’ entering the borders illegally these have become even more important and necessity to avoid any legal problems. The existing laws as per IPC [Indian Penal code], prevent employment of children below 14yrs in any type of work and is considered as an offence as per Factories Act, 1948. If there is a wrongful assessment of age estimation of an individual it creates a confusion in the justice system and also adds to the burden on the resources. The legal authorities often find themselves in a dilemma when an estimation of age is done and hence a thorough knowledge of this among the experts will definitely help the existing legal system in a long way. Method:- A prospective study involving 160 radiographs including both male and female of varied age group were taken and evaluated for several parameters statistically. Results:- Regression analysis showed 80% correlation between the predicted age and actual age. First cartilage ossification (FCO), Cartilage mineralization and bone demineralization were the strongest factors. Gender prediction was better for males compared to females in the study population. Conclusions:- An accessible, time saving and cost effective method has been tried in the present study. Though there are some limitations, the study reveals that data obtained from radiograph is useful as an indicator for estimation of age of a person.

Attempted suicide is a serious problem requiring mental health interventions, but it continues to be treated as a criminal offence under the section 309 of Indian Penal Code. The article reviews the international legal perspective across various regions of the world, discusses the unintended consequences of section 309 IPC and highlights the need for decriminalization of attempted suicide in India. The Mental Health Care Bill, 2013, still under consideration in the Rajya Sabha (upper house), has proposed that attempted suicide should not be criminally prosecuted. Decriminalization of suicidal attempt will serve to cut down the undue stigma and avoid punishment in the aftermath of incident, and lead to a more accurate collection of suicide-related statistics. From a policy perspective, it will further emphasize the urgent need to develop a framework to deliver mental health services to all those who attempt suicide.

Sexual assault causes tremendous physical and psychological trauma in women and children. Indian law recognizes sexual violence very seriously through various sections of the Indian Penal Code, yet the conviction rate is meager. It resulted in several amendments of Penal and Criminal Procedure Codes, Evidence Act along with Protection of Children from Sexual Offenses Act. These amendments intend to broaden the focus of medical examination from mere collection of evidence to a holistic approach for complete care and rehabilitation of victims.[1] However, these amendments have landed the medical practitioners as well as the victim in conflicts of ethical and legal issue such as mandatory reporting to police even when the victim is nonconsenting; mandatory examination, treatment and rehabilitation by any medical practitioner (government and private), and that too free of cost. The present article aims to highlight such conflicting legal and ethical issues for the medical practitioners who examine and treat such victims. All the relevant and pertinent statutory laws, guidelines, and regulations were studied together from the viewpoint of rights and duties of a medical practitioner. We intend the law makers to review the acts, codes, and guidelines for clarity, leaving no space for perplexity for medical practitioners and at the same time protecting the rights of victims of sexual assault.

The law relating to the right of private defense extending up to causing death of the assailant has been clearly stated in Sec.100 of Indian Penal Code. Justification of killing of the assailant finds enumeration in the following six clauses of Sec.100.

The word “negligence” is always damaging to the reputation of doctors, related to some damage to the patient and a challenge before the judges. In recent years, sudden spurt in the cases of “Criminal negligence” and decision of the Supreme Court raises a fresh debate. This paper deals with current scenario of “Criminal Negligence”, applicability of Section 304 & 304-A IPC in cases of death of patient during treatment, remedial measures available to a doctor facing the charge of ‘Criminal Negligence’ and a brief discussion of important cases related to the issue, including recent case. Negligence is a term of art, but has distinct meanings in different jurisdictions. In ‘Tort’, damage is an essential ingredient but that element is not necessary in the law of master and servant. In criminal law, there are series of offences based on negligence in which loss or injury is not material; it is enough if the act is likely to cause injury or endanger life. Operation of patient without consent is an example of negligence (Statutory Damage) even without actual apparent damage. Dictionary meaning of term ‘Negligence’ is ‘Lack of Proper Care’. As defined by Baron Alderson negligence means: “Omission to do something which a reasonable man guided by those consideration which regulate conduct of human affairs would do, or doing something which a reasonable man would not do”. Same definition is quoted in many decisions of the court. ‘Criminal Negligence’ is an offence against the State while ‘Civil Negligence’ is an offence against the individual act, which leads to injury i.e. physical injury, hurt- Section 319, grievous hurt- Section 320 Indian Penal Code (IPC). Loss of property (financial loss) due to some negligent act is always a civil negligence. The decision of the Supreme Court delivered on last years raises a fresh debate on the issue of ‘Criminal Negligence by the Doctors’. In this case the Supreme Court relied on various decisions of the House of Lords.

Byline: T. Sathyanarayana Rao, G. Rao, M. S. V. K.. Raju, Gautam. Saha, Mukesh. Jagiwala, K. Jacob The recent past has been turbulent for Lesbian Gay Bisexual and Transgender (LGBT) people and Gay Rights in India. The Delhi High Court's landmark judgment in July 2009, which read down Section 377 of the Indian Penal Code, was a major victory. It held that Section 377 to be violative of Articles 21, 14, and 15 of the constitution, as it criminalized consensual sexual acts of adults in private.[sup][1] The judgment struck down a 19[sup]th century law, which the police used to threaten and blackmail LGBT people. Violation of the law is punishable by a fine and imprisonment. Subsequently, India's Supreme Court issued a ruling against human rights by reinstating the law that bans gay sex in 2013.[sup][2] The response from mental health and legal establishment to this manifest bigotry was weak.[sup][3] The hesitancy of the establishment to clearly support LGBT rights exposes their subscription to prevailing societal prejudices. Fortunately, the Supreme Court referred a batch of curative petitions against Section 377, to a five-judge Constitution Bench for an in-depth hearing.[sup][4] The Science Modern medicine and psychiatry, since the 1970s, have abandoned pathologizing same-sex orientation and behavior.[sup][5] The World Health Organization accepts same-sex orientation as a normal variant of human sexuality.[sup][6] The United Nations Human Rights Council values LGBT rights.[sup][7] Psychiatry's new understanding is based on studies that document a high prevalence of same-sex feelings and behavior in men and women, its prevalence across cultures and among almost all nonhuman primate species.[sup][8],[9] Investigations using psychological tests could not differentiate heterosexual from homosexual orientation. Research also demonstrated that people with homosexual orientation did not have any objective psychological dysfunction or impairments in judgment, stability, and vocational capabilities. The consistency of same-sex attractions, the failure of attempts to change, the lack of success with treatments and the harm caused by these efforts support the stability of homosexual orientation.[sup][3],[8],[9] Science continues to debate the relative contributions of nature and nurture, biological and psychosocial factors, to sexuality.[sup][3],[8],[9] However, classical theories of psychological development employ untestable conjectures and argue without proof that the origins of adult sexual orientation lie in childhood experience and development. Similarly, genetic and biological theories are reductionistic and do not explain complex aspects of human behavior, including natural inclination and choice. The universality of same-sex orientation and behavior and variations in its meaning and practice across cultures undermine single and simplistic explanations. Human sexuality is complex; the distinction between desire, behavior, and identity acknowledges the multidimensional nature of sexuality.[sup][3],[8],[9] The fact that these dimensions may not always be congruent in individuals suggests the complexity of the issues. Bisexuality and the discordance between biological sex and gender role and identity add to the complexity. The Cultural Context Anti-LGBT attitudes once considered the norm, have changed over time in many social and institutional settings in the west. However, heterosexism is also common; it idealizes heterosexuality and considers it the standard while denigrating and stigmatizing all nonheterosexual forms of behavior, identity, relationships, and communities. Religious and social orthodoxy and patriarchy complicate the issues in many conservative and tradition-bound societies. This is particularly true in India, making it difficult for LGBT people to be accepted as equals in society.[sup][3],[8],[9] The hesitancy of the Indian medical and legal establishments to fully support LGBT rights exposes their subscription to prevailing societal prejudices. …

Suicidal behaviour constitutes a serious public as well as mental health problem all over the world. Many developed countries have done away with the legal provision of punishing attempted suicides. However, in India this continues to be a punishable offence under the Indian Penal Code (1833). This review discusses the various issues related to criminalizing suicide and their implications.

The child sexual abuse is an under-reported offence in India, which has reached epidemic proportion. A recent study on prevalence of sexual abuse among adolescents in Kerala, reported that 36 per cent of boys and 35 per cent of girls had experienced sexual abuse at some point of time1. A similar study conducted by the Government of India in 17,220 children and adolescents to estimate the burden of sexual abuse revealed shocking results and showed that every second child in the country was sexually abused; among them, 52.94 per cent were boys and 47.06 per cent were girls. Highest sexual abuse was reported in Assam (57.27%) followed by Delhi (41%), Andhra Pradesh (33.87%) and Bihar (33.27%)2. Sexual abuse and sex trafficking remain highly prevalent and are among the serious problems in India. In the last two decades, an increase in the prevalence of sexually transmitted diseases has been shown in children3. Children who are victims of sexual abuse often know the perpetrator in some way4. Hence, the problem of child sexual abuse needs to be addressed through less ambiguous and more stringent punishment. The Protection of Children from Sexual Offences (POCSO) Act, 20125,6,7 was formulated to effectively address the heinous crimes of sexual abuse and sexual exploitation of children. Legal provisions were made through implementation of the Criminal Law (amendment) Act, 20138 which amended the Indian Penal Code, the Code of Criminal Procedure, 1973, The Indian Evidence Act, 1972, and the Protection of Children from Sexual Offences Act, 2012. This Criminal Law (Amendment) Act 2013, also dictates punishment on stalking, voyeurism, disrobing, trafficking and acid attack.

To the Editor: The role of consent in legal matters, specially with respect to consent in medical practice, has been described in sections 87 to 90 of the Indian Penal Code (IPC) [1]. Section 87 : Act not intended and not known to be likely to cause death or grievous hurt, done by consent .—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, to take the risk of that harm. Section 88 : Act not intended to cause death, done by consent in good faith for person’s benefit .—Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied to suffer that harm, or to take the risk of that harm. Section 89 : Act done in good faith for benefit of child or insane person, by or by consent of guardian .—Nothing which is done in good faith for the benefit of a person under twelve years of age, or ......., is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person. Section 90 : Consent known to be given under fear or misconception.—A consent is not such a consent as is intended by any section of this Code Consent of child ..-unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age . The age of consent as per Section 87 of IPC is eighteen years, but it is applicable in only those cases where the act is not known to cause death. Any operative procedure has the potential to cause grievous hurt and death to the individual. Therefore, by corollary, any act, that can cause death, will not fall under the purview of this section. This shows that medical profession is out of the gambit of section 87 of IPC. In section 88 of IPC the words “not known to be likely to cause death or grievous hurt” are missing , as compared to section 87 of IPC. This shows that in section 87 IPC, the condition is “not known to cause grievous hurt or death”, while in section 88, “there is no intention to cause death or grievous hurt, but it can happen”. Another major difference is that in section 88, there is mention of the term “done by consent in good faith for person’s benefit”, which is missing in section 87. Any medical procedure, that is done on a human being, is intended to be done for the benefit of that person. This shows that section 87 IPC, where age of consent is 18 y, is not applicable on medical professionals. In both sections 89 and 90, the child has been described as a personwho is less than 12 y of age, and that consent is not valid only if the child is less than 12 y of age , and not 18 y of age. Since these sections succeed section 88, the age of consent as given in these two sections is valid and not in section 87, which precedes section 88, this is the general rule of law. Therefore we can say that the age of consent for any procedure, in India, is 12 y and not 18 y.

Purpose: This paper attempted to profile the contemporary grade level academic performance as well as the frequency, spread and intensity of problem behaviour in relation to a few associated variables, of children adjudged as juvenile delinquents in India. Method: A cross-sectional exploratory survey design was employed, with randomised convenience sampling of 66 inmates, between 9 and 18 years of age, from two representative Observation Homes. To ascertain their current grade levels, a criterion referenced ‘Grade Level Assessment Protocol’ was prepared exclusively for this study. Another standardised ‘Behaviour Assessment Scale for Indian Children with Mental Retardation, Part B’ was used to profile their problem behaviour. Results: The contemporary academic performance results satisfy the conventional two-grade discrepancy criteria, usually postulated for identifying children with learning disabilities. Among the associated variables examined in this study, inmates who were booked under sections of the Indian Penal Code showed significantly greater academic grade discrepancy compared to the other children. Similarly, poorer academic performance, greater grade discrepancy, as well as higher frequency, spread and intensity of reported problem behaviour were found among children from intact family backgrounds, where parents were illiterates or educated below primary school level, and more among boys than girls, and among those in the 10-12 year age group. Conclusions: While these are tentative findings, they call attention to the need for extensive research on the possible links between academic performance, under achievement and learning disabilities, and juvenile delinquency in this country. doi 10.5463/DCID.v24i1.162

Interviews with seven survivors of four suicide pact pairs are examined. In the majority of cases the instigator is more likely to be the male member of the pair. Absence of past suicidal behaviour, and some socio-cultural aspects surround the Indian pact member, in comparison with the West. The existing legal provisions relating to criminal liability for complicity in suicide of another person are summarized. The role and attitude of the Indian Penal Code in dealing with suicide pact survivors is discussed.

Dental professionals belong to a group of health-care providers that are governed by a uniform code of ethics. An important component of ethics is the informed consent, which corresponds to the basic principle of patient autonomy and respect. Informed consent signifies that every patient should provide autonomous, voluntary and informed consent for the treatment rendered to him/her. The process of informed consent is also helpful in improving the dentist-patient relationship thereby providing quality treatment. Informed consent in biomedical research is required to obtain the participants voluntary approval for being part of the study after understanding the various aspects of research and their role in it. This article outlines the various aspects of informed consent such as the types, the process of obtaining consent in clinical practice and biomedical research. Information regarding the regulations outlined by the governing bodies in India such as Dental Council of India, Indian Council of Medical Research and Indian penal code for informed consent is also provided in this article.

Great Britain should apologise for the laws that criminalise homosexual sex that it introduced to its former colonies, the judge who struck down such a law in India has said. Aid organisations say that these laws hamper efforts to reach people most at risk to prevent and treat HIV—and that they violate human rights. An apology might encourage repeal. In July 2009 Justice Ajit Prakash Shah overturned section 377 of the Indian penal code, which had criminalised consensual gay sex in India since introduction by the British 150 years ago. “Great …

Section 309 of the Indian Penal Code was deleted in India in December 2014. This de -criminalizes suicide attempts in India. A brave and decisive move but what are the different facets of mental illness in India? I have been a Consultant Psychiatrist for over 6 years in the UK. Being of Indian origin (With strong links professionally and personally in India) and working with serious mental illness, high risk and suicidality on a daily basis for about 15 years, reading this news evoked many thoughts??? There is hope and optimism for those afflicted by mental illness in India. This appears to be a progressive step towards understanding the mental health of those driven to extreme measures like suicide attempts in my home country, with one of the highest suicide rates in the world and large pockets of stigma and ignorance around mental illness ; a society that has traditionally largely depended on community cohesion, goodwill and the voluntary sector for the management of its mentally ill. This move is also accompanied by a signboard of caution. In a geographically massive, culturally diverse and overpopulated country, this will hopefully go hand-in-hand with: 1. Taking active measures to increase the existing highly trained but relatively miniscule mental health workforce 2. Large-scale community awareness programmes about mental health, especially around high-risk groups like children, young people, perinatal women, special needs/disabilities and the elderly 3. Many more funded and ethical treatment /support centres for the mentally ill 4. Systems in place around the mentally ill (Including social care, healthcare, the criminal justice system, the education system and employers) that promote safety and rehabilitation as a society for the mentally ill Any positive move towards promoting awareness and reducing stigma around high risk mental health issues could only benefit from careful consideration of repercussions, planning of infrastructure/resources and support from an international platform. Language: en

The National Human Rights Commission (NHRC) has agreed to support the demand for new legislation to prevent discrimination against HIV-infected people employed by private-sector companies at a meeting in New Delhi India on November 24-25. The Indian constitution already prohibits discrimination on the grounds of religion caste or creed against people working in the public sector. This ruling was reinforced by a judgement of the Mumbai High Court in 1997 that stated that employees in state-owned companies can not be denied employment because they are HIV positive if they are qualified to work and pose no risk to colleagues. But there is no such guarantee against discrimination in the private sector. The NHRC conference on human rights and HIV/AIDS discussed such discriminatory behavior by employers and recommend anti-discriminatory legislation to cover the private sector as well. Participants also recommend that the state should guarantee a safe working environment for all workers and should provide medical insurance for HIV-positive employees. NHRC will forward their recommendations to the government. In an address to the conference the Health Minister C. P. Thakur assured participants that the recommendations would be a useful guide for government action. “In addition to an umbrella law on anti-discrimination we need to amend a number of other laws like the Indian Penal Code Suppression of Immoral Traffic Act that impede HIV/AIDS intervention programs” said Anand Grover of Lawyers Collective a Mumbai-based nongovernmental organization. The NHRC has also set up a core advisory group on public health and human rights. “We will act both as a ... channel of ideas to the NHRC and as a referral panel on specific health-related cases” says K. Srinath Reddy a cardiologist and chairperson of the 10-member group of health experts. (full text)

Attempted suicide will no linger be a crime in India following a landmark ruling by the Indian Supreme Court. The court repealed section 309 of the Indian penal code, under which people attempting suicide could face prosecution and prison terms of …

Parikh's Text Book of Medical Jurisprudence and Toxicology, is primarily intended for use by Indian practitioners of law and medicine. The book is a potpourri of many fields, some covered in depth and some superficially. The book is divided into three parts (medical jurisprudence, toxicology, and appendix) and nine sections.The five sections (680 pages) of part 1 deal with the entire field of forensic pathology, including forensic immunohematology, examination of hair, and clinical forensic medicine (impotence, sterility, virginity, pregnancy, sexual offenses, etc). Also included in part 1, section 5, are such topics as forensic psychiatry, law in relation to the physician, forensic science laboratories and crime detection, the Indian penal code, criminal procedure code, and the Indian Evidence Act.In part 1 are many excellent features and some very poor ones. The former are the tables, summaries, definitions, and diagrams. The poor features are the photographs, which by other