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NRT/KS/19/7491
Eight Semester B.A.LL.B. Five Years Course (CBS) Examination
HEALTH LAW
Compulsory Paper—5
Time : Three Hours] [Maximum Marks : 80
N.B. :— (1) Attempt all sections. Section A consists of 10 marks, Section B consists of 30 marks
and Section C consists of 40 marks.
(2) Follow the instructions given in each section.
(3) Marks are indicated against each question.
SECTION—A
1. Choosing the correct alternatives (any TEN) :
(i) “Duty of the State to raise the level of nutrition and the standard of living and to improve public
health”, is provided under Art. ____.
(a) 42 (b) 47
(c) 48(A) (d) 39(C)
(ii) Commercialization of surrogacy is permitted in India.
(a) True (b) False
(iii) Any person who renders his services to or at any hospital and, who, for purposes of transplantation,
conducts associates with, or helps in any manner, in the removal of any human organ without
authority, shall be punished with imprisonment for a term which may extend to :
(a) Five years and with fine which may extend to Rs. 20,000
(b) Five years and with fine which may extend to Rs. 10,000
(c) Six years and with fine which may extend to Rs. 20,000
(d) Six years and with fine which may extend to Rs. 10,000
(iv) Opinion of minimum two medical practitioners is required :
(a) Where the length of pregnancy exceeds twelve weeks but does not exceed twenty weeks
(b) Where the length of pregnancy exceeds twelve weeks but does not exceed twenty one
weeks
(c) Both (a) and (b)
(d) None of the above
(v) Surrogacy is regulated in India under the following legal instruments :
(a) Indian Medical Association Rules, 2004
(b) Indian Council of Medical Research (ICMR) Guidelines, 2005
(c) Both (a) and (b)
(d) There is no regulation to regulate Surrogacy in India
(vi) The Mental Health Act, 1987 came into force in :
(a) April, 1988 (b) April, 1989
(c) April, 1991 (d) April, 1993

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(vii) The doctors will be booked under Section _______ for the negligent Act.
(a) Section 304, IPC (b) Section 304-A, IPC
(c) Section 304-B, IPC (d) All the above
(viii) Transmission of HIV is codified as ______ offence under the IPC.
(a) Voluntarily causing hurt
(b) Voluntarily causing grievous hurt
(c) Negligent/malignant act likely to spread infection of disease dangerous to life
(d) All the above
(ix) The meaning of “Near relative” under the Transplantation of Human Organs Act, 1994
includes :
(a) Spouse, son, daughter, father, mother, brother
(b) Spouse, son, daughter, father, mother, brother, sister
(c) Spouse, son, daughter, father, mother, brother, grandparents
(d) Spouse, son, daughter, father, mother, brother, grandparents and grandchildren
(x) UNICEF is working for :
(a) Women deliveries and health (b) Post natal care of women and child
(c) Nutritional needs of the child (d) All the above
(xi) Biomedical waste is governed by the following Act :
(a) Clinical Establishment Act (b) Drugs and Cosmetics Act
(c) Waste Management Tracking Act (d) None of the above
(xii) Every medical practitioner is professionally obligated to treat emergency cases with expertise and
cannot refuse to offer treatment to such cases, was held in :
(a) Suchita Srivastava Vs. Delhi Administration
(b) Mr. X Vs. Hospital ‘Z’
(c) Parmanad Katra Vs. Union of India
(d) All the above
(xiii) Lack of adequate medical facilities for emergency treatment constituted a denial of the fundamental
rights to life U/Art. 21, was held in :
(a) Paschim Banga Khet Mazdoor Samity and Others V. State of West Bengal
(b) Consumer Education and Research Centre V. Union of India
(c) Bandhua Mukti Morcha etc. Vs. Union of India and Others
(d) All the above
(xiv) The Hon’ble S.C. of India prohibited smoking in public places in the entire country in the
following case :
(a) Murli Deora V. Union of India
(b) Paschim Banga Khet Mazdoor Samity and Others V. State of West Bengal
(c) Francis Coralie Mullin V. Union Territory of Delhi
(d) None of the above
(xv) Advertisement Drugs and Magic Remedies Act is enacted in the year :
(a) 1940 (b) 1968
(c) 1954 (d) 1949 1×10=10

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SECTION—B
2. Answer the following (any THREE) :
(a) Write a short note on Indian Medical Council and Association.
(b) Discuss in brief the offences affecting public health under IPC.
(c) What is the concept of Medical Tourism ?
(d) Write down the ethical considerations surrounding Stem Cell Therapy. 5×3=15
3. Write short notes on the following (any THREE) :
(a) Interrelationship between Law and Medicine.
(b) World Health Organization
(c) Malnutrition in India
(d) Health and the Environment. 5×3=15
SECTION—C
(Long Answer Questions)
Note :— Answer any FIVE of the following.
4. “The recognition that the right to health is essential for human existence and is, therefore, an integral
part of the Right to Life.”– Discuss with the help of judicial pronouncements.
5. Transplantation of Human Organs Act, 1994 (and Amendment Act, 2011), was created to curb
increasing Caesarian commerce in the country but seems to have not fulfilled the object and also has
had a negative effect on legitimate organ donations. Give your opinion on this with the relevant
legislative provisions.
6. Surrogacy as one of the Assisted Reproductive Techniques is widely practiced in India. Give overview
of Surrogacy Law in India.
7. What is the criminal responsibility of doctors for Rash or Negligent Act ? Explain your answer with
the help of S.C. decision in Dr. Suresh Gupta V. Govt. of NCT of Delhi and Another (2004).
8. Write down a case comment on any one of the following cases :
(i) Suchita Shrivastava and Another Vs. Chandigarh Administration (2009) 9 SCC
(ii) Mr. ‘X’ Vs. Hospital ‘Z’ (1998) 8 SCC 296.
9. Write down salient features of ‘Drugs and Cosmetics Act, 1940’.
10. Write down social, legal and ethical implications of Genetic Engineering.
11. Give overview of the Pre-conception and Pre-natal Diagnostic Techniques Act, 1994, amendments to
this Act and also write down important judgements on this law. 8×5=40

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