CHAPTER – 2

1) What is meant by self-regulation through code of conduct?

In the field of medicine, self-regulation through a code of conduct refers to a doctor
regulating his behavior as a medical practitioner by complying with a code of conduct laid
down by a recognized Medical Association or a peer group of doctors.
Several judicial decisions have laid down that when the court is in doubt as to whether a
doctor gave the correct line of treatment to a patient or whether he took a reasonable care of
him, the court can refer to the recommendations made by recognized bodies of doctors.
Exposure to such a code of professional ethics can take place both when person is a student
of medicine and even there After medical students of obtain degree they are generally called
upon to take the Hippocratic oath.
By taking this oath they undertake that they will observe the ethical principles in their
practice of medicine. Unfortunately, very often, this exercise is regarded as a mere formality
or a bow to tradition rather than an acceptance of legally or morally binding Covenant.

2) Role and functions of Indian Medical Council?

The Medical Council of India has been established under section 3 of the Indian Medical
Council Act 1956.

The constitution and composition of the MCl and the term of office of its members have
been laid down in section 3 and 7 of the act the said act deals with the recognition of medical
qualification granted by Universities and medical institution in the country.

The main Function of MCI is also contains provisions relating to right of medical
practitioners processing the prescribed qualification to be enrolled on the register of state
Medical Council established under the Act Section 19A of the act prescribes the minimum
standards of medical education in India and section 20A deals with professional misconduct
and a code of ethics of medical practitioner.

The role of MCI is to recognize and regulate medical education in the country to provide for
the enrollment of qualified medical practitioners, to prescribe standards of professional
misconduct and to deal with cases of misconduct.

3) Medical Ethics?
The Indian Medical Council Regulations 2002, issued by the Medical Council of India, and
familiarly referred to as the Code of Ethics Regulations 2002, contains provisions relating to
the unethical practice of physician, professional misconduct on their part and the punishment
for the same.

P a g e 1 | 15
Unethical practices are dealt by the chapter 6 of the Code Act of misconduct are listed in
Chapter 7. Punishments and disciplinary action for violation of the code are prescribed in
Chapter 8 of the said code.
Medical ethics is based on a set of values that professionals can refer to in the case of any
confusion or conflict. These values include the respect for autonomy, non-maleficence,
beneficence, and justice.

4) Unethical practice OR Medical Malpractices?

Chapter 6 of the code contains a list of acts and practices which are regarded as unethical
practices for medical malpractices on the part of a physician and this are summarized
below:-
1) The code bans all form of advertising by doctors and provides that it is unethical on the
part of physician or a group of physician or institution or organization to solicit patient
directly or indirectly.
2) It is unethical on the part of physician to open Or run shop for sale of medicine or a
medical or surgical appliances.
3) It is unethical on the part of a physician to give solicit or receive any gifts for gratuity
Commission or bonus in consideration of referring or recommending a patient for medical
surgical for other treatments.
4) All drugs prescribed by him should always carry a proprietary formula and a clear name.
He cannot describe or dispense secret remedial agents when he himself doesn't know the
composition manufacture or use of such product.

5) Grounds on which MCI can take disciplinary action against doctors?

The instances where acts of commission or omission on the part of a physician amount to
professional misconduct are listed in the chapter 7 of the code as under or when the MCI can
take disciplinary actions:-
 if a physician violates the code of ethics regulation 2002.
 if a physician does not maintain the medical record of his Individual patients for 3 years
or refuses to provide the same within 72 hours if the requested by a patient for his
authorized representative if he does not display the registration number given to him by
the MCI or a state medical council in his clinic or in the prescriptions certificate issued by
him.
 If he abuses his professional proposition by committing adultery or improper conduct
with the patient or if we maintenance and improper Association with his patients.

P a g e 2 | 15
 If he is he is convicted by a court of law for a criminal act or for an offence involving
moral turpitude.

CHAPTER 3
6) RIGHT TO HEALTH?
The right to health is the economic, social, and cultural right to a universal minimum
standard of health to which all individuals are entitled.
The concept of a right to health has been enumerated in international agreements which
include the Universal Declaration of Human Rights, International Covenant on Economic,
Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities.
In Indian Constitution does not expressly recognize the fundamental right to health.
However, the concept of the right to healthy life and GOOD health find a mention in several
Articles of the Constitution which may be summed up as under- According to Article 21-
“Protection of Life and Personal Liberty: No person shall be deprived of his life or
personal liberty except according to procedure established by law.

Right to health is not been expressly provided under set under article 21, Supreme court and
the High courts have by various judgement in Writ petition recognised right to health as a
fundamental right under article 21 of the constitution of India.

Right to life under article 21 includes following rights-

 Right to health,

 Right to medical care,

 Right to clean and pollution free environment.

State of Punjab vs Mahinder Singh Chawla [AIR 1997 SC 1225] In this case the supreme
court held that the employee was entitled for the reimbursement of the room rent actually
paid and also held that the right to life includes right to health.

Parmanand Katara vs union of India [AIR 1989 SC 2034]

THE SUPREME COURT HELD THAT PRESERVING THE HUMAN LIFE IS VERY
IMPORTANT. IT IS THE DUTY OF EVERY DOCTOR WHO IS EXPERT IN
PROTECTING LIFE TO GIVE HIS SERVICE IN AN EMERGENCY TO PRESERVE
THE LIFE.
According to Article 24, No child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous employment.

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Article 32 is a fundamental right which empowers the Supreme court to issue direction,
order, and writs. Article 226 is the constitutional right which empowers High court to issue a
direction, order, and writs for enforcement of fundamental rights and other legal rights.
Article 39(e) calls the state to make sure that health and strength of workers, men and
women, and the tender age of children are not abused.
Article 41 imposes duty on state to provide public assistance in cases of unemployment, old
age, sickness and disablement etc. Article 42 makes provision to protect the health of infant
and mother by maternity benefit.
Article 47 make it duty of the state to improve public health, securing of justice, human
condition of works, extension of sickness, old age, disablement and maternity benefits and
also contemplated. Further, State’s duty includes prohibition of consumption of intoxicating
drinking and drugs are injurious to health.
Article 48A ensures that State shall Endeavour to protect and impose the pollution free
environment for good health. The Constitution of India Article 51A (g) is a fundamental
duty to protect and improve the natural environment including forests, lakes, rivers and wild
life, and to have compassion for living creatures.

MC Mehta vs Union of India (1997 2 SCC 353), In the famous Taj Trapezium case, the
Supreme Court ordered industries in the Taj trapezium zone to stop functioning and relocate
to other sides, as they were polluting the atmosphere by using coal and coke as industrial
fuel.
In the landmark judgment of the Supreme court in consumer education and research Centre
vs Union of India (1995 3 SCC 42)
The Supreme Court has held that the right to health and medical care is fundamental
right under article 21 of the constitution.

7) EUTHANASIA / Mercy killing?

It is said that when a person ends his own life it is called suicide, but when others end his life
at his request, it becomes euthanasia. The first countries to legalize euthanasia were the
Netherlands in 2001 and Belgium in 2002.
The word ‘Euthanasia’ is derived from Greek, ‘Eu’ meaning ‘good’ and ‘thanatos’
meaning ‘death’, put together it means ‘good death’ or ‘dying well’.
Euthanasia, also called mercy killing, act or practice of painlessly putting to death persons
suffering from painful and incurable disease or incapacitating physical disorder or allowing
them to die by withholding treatment or withdrawing artificial life-support measures.
There are three types of active euthanasia, in relation to giving consent for euthanasia,
namely voluntary euthanasia – at patient request, no voluntary – without patient consent,
involuntary euthanasia – patient is not in a position to give consent.

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Maruti Shripathi Dubal V/s. state of Maharashtra (1987 Cri. L.J. 743)
The Bombay High Court took a bold and progressive view when it held in 1987 that section
309 of the IPC is unconstitutional as it violates article 14 and 21 of the Indian constitution.
IT interpreted article 21 as including the right to die.
Some years later even the Supreme Court to the same view in P. Rathiram vs Union of
India (1994) observing that the right to life includes the right to terminate one's own life.
The Supreme Court upheld the Bombay High Court’s decision  but the same Court in a five-
judge Constitution Bench of the Court overruled the P. Rathinam’s case and, held
that ”Right to Life” under Article 21 of the constitution does not include ”Right to Die” or
”Right to be Killed.” The Right to Die is inherently inconsistent as is death with life.

CHAPTER – 4
8) Confidentiality / Medical Confidentiality / Doctor patients confidentiality ?
In India, there are two specific provisions which forbid doctors from disclosing any
information relating to a patient. As per The Indian Medical Council (Professional Conduct,
Etiquette and Ethics) Regulations, 2002, section 2.2 Patience, Delicacy and Secrecy,
“confidences concerning individual or domestic life entrusted by patients to a physician and
defects in the disposition or character of patients observed during medical attendance should
never be revealed”.
As per The Indian Evidence Act, 1872, ‘the proof of good faith in transactions where one
party is in relation of active confidence’, that is the care provider (in such case), binds the
doctors from disclosing the details of a case.
Laws now protect doctor-patient confidentiality. Before a doctor can disclose any
information about their patients to a third party, the patient must give express written
permission. 
Medical records, test results, and communications with other staff regarding the patient all
fall under doctor-patient confidentiality.

9) MEDICAL RECORD?
The term 'Medical Records' refer to the systematic documentation of a patient's medical
history, treatment and care maintained by a doctor or a hospital or other similar Institution.
Such a record is kept in electronic form and a digital version of such a record is referred to as
EMR (electronic medical record). Other term sometimes used to describe the medical
records of a patient and health record and medical chart.

P a g e 5 | 15
Such a record serves a dual purpose. firstly, it documents the entire history of the patient
including his physical examination, X RAY, CT scan and blood test at etc. secondly, this
information is vital when the same fashion Falls sick once again and goes to the doctor.
Medical records are acceptable as per Section 3 of the Indian Evidence Act, 1872 amended
in 1961 in a court of law. These are considered useful evidence by the courts as it is accepted
that documentation of facts during the course of treatment of a patient is genuine and
unbiased.

10) Privileged communication?

Section 122 to 129 of the Indian Evidence Act 1872 contains detailed provision relating to
privileged communication. Generally, a privileged communication is a confidential
conversation between two people where the person receiving information from someone else
cannot pass it on or testify to it in a court setting. Discussions between a doctor and patient
are private, or privileged.
These provisions deal with what is called absolute privilege, and apply only to the specific
instances covered by the said sections.
Communication between a doctor and his patient does not enjoy any absolute privilege but
can be said to be relatively privileged. Though generally confidential the communication of
information received by the doctor from his patient and can be communicated if this is done
in a Bonafide manner and if in the reasonable judgement of the doctor.
Exceptions
A medical professional is only allowed to disclose information about a patient,
1. In the court, on the order of the presiding judge;
2. In circumstances of risk to the patient or the community at large;
3. In cases of notifiable diseases.

CHAPTER - 5

11) Right to self-determination?

In medical ethics, self-determination autonomy refers to the freedom of every individual to

make free decisions without any pressure or caution as regards the methods of Investigation
lines of treatment and the surgical procedures.

The doctrine of self-determination postulates that a competent adult is entitle to reject a

specific treatment or select an alternate form of treatment. Even if such a decision may result
in death or mistake in the eyes of medical profession.
P a g e 6 | 15
As observed by Lord Donaldson an adult "who suffers from no mental incapacity has an
absolute right to choose whether to continue medical treatment. This right of choice is
not limited to decision which other might regard as sensible. This principle is seen in its
most possible forcible when a patient exercises his autonomy by refusing life-sustaining
meaning treatment".

ANANTH KUMAR NAIK V/S. STATE OF ANDHRA PRADESH (1977)

CHAPTER - 6

12) DOCTER – PATIENTS CONTRACTUAL RELATIONSIP?

CHAPTER – 7

13) Hippocratic Oath?

The Hippocratic Oath is a sworn agreement made by physicians when they become
doctors. It isn't a law, but rather is a guiding principle for doctors.

The Hippocratic Oath is an oath historically taken by doctors and other healthcare
professionals swearing to practice medicine ethically. To better serve the present day
needs and current ethics of physicians, a more inclusive pledge was written and
adopted in October 2017.

It was written by the Greek physician Hippocrates, it is believed that Hippocrates who
is regarded as the "Father of Medicine" formulated this oath around the 5th century
B.C.It is one of the oldest binding documents in history and has great symbolic
importance for medical doctors.
Mr X. v. Hospital Z, AIR 1999 SC 495 - The Supreme Court of India has also observed
that the Hippocratic Oath is "not enforceable in a court of law, as it has no Statutory force."

Modernised version of Hippocrates oath are the "Declaration of Geneva and

International Code of Medical Ethics."

14) Registered medical practitioner? RIGHTS AND DUTIES?

P a g e 7 | 15
"Registered medical practitioner" means a medical practitioner who possesses any
recognised medical qualification as defined in section 2 (h) of the Indian Medical
Council Act 1956, and whose name has been entered in a State Medical Register.

Registered medical practitioner means any person - who holds a qualification granted by an
authority is specified in, or notified under section 3 of the Indian Medical degrees act 1916,
or specified in the schedule to the Indian Medical council Act, 1956; or

Who is entitled to be registered as a medical practitioner under any law for the time being in
force in any state to which this Act extend relating to the registration of medical
practitioners."
Rights of a Medical practitioner –

 Right to choose his patients,

 Right to use his title and qualification,
 Right to receive and recover fees and expenses,
 Right to remove organs and tissues from a dead body,
 Right to perform medical termination of pregnancy,
 Right to be appointed in hospitals and institutions,
 Right to issue medical certificate.
Duties and responsibility of a physician are described in the Indian Medical Council
(Professional Conduct, Etiquette, and Ethics) Regulations 2002.
It has been classified into the following categories:-
 Duties and responsibilities of a physician in general
 Duties of physicians to their patient
 Duties of physicians in consultation
 Responsibilities of physicians to each other
 Duties of physicians to the public and the paramedical profession.

CHAPTER – 8
15) CIVIL & CRIMINAL Liability of Doctor ?
The term ‘medical negligence’ refers to the wrongful actions or omissions of professionals in
the field of medicine, in the pursuit of their profession, in the course of dealing with patients.
The person who commits the wrong and causes injury to the other party is liable under three
heads-Civil liability, Criminal liability, Disciplinary action.

P a g e 8 | 15
Civil liability means monetary compensation in the form of damages. An action on the
erring medical professional can be brought about by the dependents of the deceased patient
or by the patient himself, in case he is alive, to seek monetary compensation. Permanent Lok
Adalats can also be approached for seeking relief, as they have been conferred the powers of
a Civil Court in certain specified matters.
Criminal liability can be imposed pursuant to the provisions of the Indian Penal Code,
1860. Although there is no specific provision under IPC that deals with medical negligence,
but an action can brought against the offender under Section 304A of Indian Penal Code,
which deals with ‘causing death by negligence’. Similarly, some other provisions of IPC that
can be invoked are Section 337 (causing hurt by an act endangering life or personal safety of
others) or Section 338 (causing grievous hurt by an act endangering life or personal safety of
others).
Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts
Act, Consumer Protection Act, etc.
16) Mens rea in Medical Negligence?
There may be an Occasion when the patient had died after the treatment and criminal
complaint had filed under Section 304 of the IPC for allegedly causing death by rash and
negligent act by Mens rea.
Medical negligence also referred to as medical malpractice may be defined as an act or
omission (failure to act) by a medical professional that strays from the required medical
standard of care.
Section 304A of Indian Penal Code, which deals with ‘causing death by negligence’.
Similarly, some other provisions of IPC that can be invoked are Section 337 or Section 338.
Negligence is an offence under law of Torts, Indian Contract Act, Consumer Protection Act,
Indian Penal code.
In Jacob Mathew .V. State of Punjab [2005 6 SCC 1], the Supreme Court held that in
some cases doctors are bound to take make difficult choices. Sometimes situations make
them go for things involving greater risk because of higher chances of success in taking that
decision. And there are some cases in which there is lesser risk involved and higher chances
of failure. So, the decision will depend upon the facts and circumstances of the case.

17) Contributory negligence?

Contributory negligence means that when the immediate cause of the damage is the
negligence of the plaintiff himself, the plaintiff cannot sue the defendant for damages and the
defendant can use it as a defense.

P a g e 9 | 15
This is because the plaintiff in such a case is considered to be the author of his own wrong. It
is based on the maxim volenti non fit iniuria which states that if someone willingly places
themselves in a position which might result in harm, they are not entitled to claim for
damages caused by such harm.
Contributory negligence is a good defense available to a doctor in all claims of a civil nature.
Hans Raj versus Dr. K. S. Chugh, 2000 CTJ 577
It was held that the doctor was not liable to pay damages to the patients as what happened
was due to the negligence of the patient himself.

18) Res ipsa loquitur?

The doctrine of res ipsa loquitur means “the thing speaks for itself.”  In terms of medical
malpractice, the res ipsa doctrine refers to cases where the doctor’s treatment was so far
below the appropriate standard of care that negligence is assumed.
Res Ipsa Loquitur is a maxim, the application of which shifts the burden of proof on the
defendant. Generally, in a case it is the plaintiff who has to provide evidence to prove the
defendant's negligence. There is however, a change when this maxim is used. The burden of
proof shifts to the defendant.
Although a plaintiff can prove res ipsa in any case where the above criteria are met, some
common scenarios are: 
 Leaving a foreign object inside the patient after surgery or other invasive procedure
 Operating on the wrong patient
 Operating on the wrong part of the patient
In the case of Madhur Vs. Dr. Rajendra (1996 (3) CPR 174), where a surgeon had left a
forceps in the patient’s abdomen, the doctor was held liable to pay damages, applying the
maxim, Res ispa Loquitur.

CHAPTER – 9

19) Disaster management?

A Disaster or a calamity is in the nature of an emergency occurrence that causes
damage, injury, disruption, loss of human life on so large a scale that it warrants extra
assistance from person outside the affected area.

One can readily recall several major disaster that have taken place in India, like the
cyclone in Andhra Pradesh in 1977 and severe earthquake that rocked latur in
Maharashtra and bhuj in Gujarat and one cannot forget the Bhopal disaster gas tragedy
in 1984.

Disaster can be natural disasters like earthquakes cyclone etc. or they may be man-
made disaster like acts of terrorism, wars or gas leaks or they may also be
technological disaster like a cyber-attack or industrial sabotage.

P a g e 10 | 15
 One must also not forget that some natural disaster are not always natural several
experts are of view that many floods and earthquakes can be attributed to attributed to
man's interference with an atrocity against nature.

20) Disaster management Plan? Features of DMP? Steps taken during

disaster?

The effect of disaster can be lessened as a practical and intelligent disaster management
plan is evolved. Such a plan would involve several sectors like social workers, police, fire
brigade, ambulances, helicopter, home guards, NGOs, Medical and paramedical
personnel etc.

Disaster management also called as emergency management is the creation of a plan to

reduce vulnerability to hazardous and to cope with disasters.

Disaster management cannot eliminate the threat of disasters, rather, it focuses on

creating plan to decrease and minimise the after effects of a disaster.

Features of disaster management :- 1) It should be simple so that it may be understood

and implemented by everyone wants disaster strikes there is no time to explain procedure
and life saving strategies to a person involved.

2) it should be flexible so that the same plan can be adapted to all types of disaster be it
an accidental fire or an earthquake.

3) It should be clear and concise so that it can be acted upon despite the Chaos and
confusion that is found to prevail when disaster actually strikes.

4) It should be plan that is capable of being implemented at any time of the day or night
and on the day of the week the plan should be equally effective if the disaster strikes at 12
midnight on a Sunday or on other holiday

5) The plan should be an extension of normal working so that the person concerned are
not confuse at crucial times and are able to access according to the plan in a prompt
manner.

Steps are taken by disaster management 1) initial alert all persons in danger must be
altered in a manner that is simple and concise and yet audible and loud enough to reach
every NOOK and corner of the place.

2) Quick information to Agencies providing assistance and immediate intimation should

reach to the nearest hospital and the fire brigade station medical and paramedical staff as
well as NGOs should be informed at once, so that they can reach to the spot to render the
necessary assistance. All hospitals in the vicinity should be altered so that they can make
arrangements for vacant beds, supplies of blood, saline, etc.

P a g e 11 | 15
 3) Code alert several disaster management plans involve a code alert. Code red is
generally the term used for activation of disaster management plan.

4) rehearsal and mock drills these program form an important part of an ideal disaster
management. person who have gone through such practice drill can effectively act when
the actual disasters strikes, thus reducing the mortality rate of the victims.

5) Command nucleus the keys functionary of disaster management plan should

collectively form a command nucleus headed by the chief executive officer of that
organisation the command nucleus is thus a small body of responsible person who would
be in overall charge when any disaster strikes for instance, in factory it would include the
factory manager the command nucleus is faced with two important aspect namely-

a) taking care of victims and b) handling administrative problems.

21) The Disaster Management Act, 2005?

The disaster management Act 2005 contains statutory provision relating to disaster
management in India. It provides for the constitution of national disaster response force
with the objective of providing a specialised response to natural and manmade disasters.
The act envisages the creation of national disaster management authority, headed by the
Prime Minister of India, and the state disaster management authority, is headed by
respective Chief Minister of state, to implement a holistic and integrated approach to
disaster management.

In the act Section 4 provides for an inter- governmental committee on disaster

management with cabinet minister as the chairperson of the committee. Provision is also
made in section 5 of the act for national disaster advisory forum.

A national disaster management Centre is also envisaged by Section 8 of the act the
objective of this act is to promote an integrated and coordinated system of disaster
management.

Prevention and mitigation of disaster is dealt with section 20 and 33 of the act, while to
Section 21 of the Act with monitoring and evaluating disaster management plans.

21) International Agencies and their role in disaster management?

There are several disaster management organisations all over the world the most prominent
of them being the followings:-

The international emergency management society, a non-profit NGO based in Belgium.

P a g e 12 | 15
The United Nations environment programme has prepared a program called APELL
(awareness preparedness for emergencies at the local level ) to made disaster like one which
took place in Bhopal in 1984.

The international Association of emergency management, with branches in seven countries

of the world.

CHAPTER 10

22) Medico – legal aspects of road accident?

An accident is an unplanned event that sometimes has inconvenient, undesirable or even
disastrous consequences, other times being inconsequential. 
There are no provisions in the Indian Penal Code, Criminal Procedure Code, Motor Vehicles
Act, which prevents doctors from promptly attending to seriously injured persons and
accident cases before the arrival of the police and their taking into cognizance of such cases,
preparation of F.I.R. and other formalities by Police.

The Supreme Court order in 1989, the Motor Vehicles Act was amended in 1994, to make it
mandatory on both the driver/owner of the vehicle to take the accident victim to the nearest
doctor, and the doctor to treat the victim without waiting for any formalities. This makes the
duty of the driver mandatory by law and failure to comply is punishable under Section 187
of the Motor Vehicles Act 1988.

The treatment of the patient should not wait for the arrival of the police or completion of
legal formalities. All hospitals and doctors are required to provide immediate medical aid to
all the cases, whether medico-legal or not.

CHAPTER - 11

23) Medico – legal aspects of sexual Assaults?

U/s 228A of Indian Penal Code of the legislative provisions cover Medico-legal of sexual
assault crimes, No person can disclose the name of the rape victim U/s 114-A of Indian
Evidence Act, presumption can be made as to the absence of consent in certain
prosecutions for rape.

Section 351 of the Indian Penal Code defines Assault as, “Whoever makes any gesture, or
any preparation intending or knowing it to be likely that such gesture or preparation will
cause Sexual assault is a common, widespread and insidious problem that has serious physical, psychological,
emotional and social consequences.

Any person present to apprehend that he who makes that gesture or preparation is about to
use criminal force to that person, is said to commit an assault.”

P a g e 13 | 15
Whenever a man penetrates or does sexual intercourse with a woman without her consent or will
it amounts to rape. (Section 375)

Section 354 of IPC criminalises any act by a person that assaults or uses criminal force against a
woman with an intention or knowledge that it will outrage her modesty. Section 354A of IPC
defines Sexual Harassment.

Section 53(5) of the CrPC talks about examination of a female victim, which should be done by
or under the supervision of a female doctor. Section 53A of the CrPC provides for a detailed
medical examination of a person accused of an offence of rape or an attempt to commit rape.

Section 164(A) CrPC explains the legal requirements for medical examination of a victim of
rape. U/s 327(2) of Code of Criminal Procedure, there should be in camera trial for all rape
victims.

In landmark judgment of Delhi Commission of Women v. Delhi Police, mandated certain

changes in the police system, health services, child welfare committees, legal services and
support services in order to give justice to victims of rape. The court pronounced that a SAFE
Kit (Sexual Assault Forensic Evidence collection kit) be used by all medical personnel for
gathering and preserving physical evidence following sexual assault.

Medico legal evidence has been considered an important component in the prosecution of
crimes, especially those related to sexual violence. The courts heavily rely upon it.

CHAPTER – 14

24) Female Foeticide ?

Female foeticide is the procedure of abortion to terminate female foetus from the womb
of the mother before taking birth after the sex recognition tests like an ultrasound scan.

The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was
passed in 1994, which came into force in January 1996. The Act prohibited
determination of sex of the foetus and stipulated punishment for the violation of
provisions thereof.

Sections 312-316 of the Indian Penal Code (IPC) deal with miscarriage and death of
an unborn child and depending on the severity and intention with which the crime is
committed, the penalties range from seven years of imprisonment and fine to life
imprisonment.
Both the Centre and State governments have initiated a range of girl child welfare
schemes with an object of changing the social attitude towards the girls and for their
upliftment. Following are a few such schemes:-

 Beti Bachao Beti Padhao

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 Balika Samriddhi Yojana
 CBSE Udaan Scheme
 Ladli Scheme of Haryana
 Karnataka Bhagyashree Scheme

In the landmark case of Centre For Enquiry Into Health And Allied Themes (CEHAT)
v. Union Of India & Others, petitioners concerned about the implementation of the
Act, moved the Union of India to Court for effective implementation and execution of
the provisions of the Pre-Natal Diagnostic Techniques Act, 1994, which had failed at
achieving its goals of preventing female feticide.

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