NATIONAL LAW UNIVERSITY ODISHA

COURSE OUTLINE

PUBLIC HEALTH LAW

ELECTIVE SEMINAR COURSE

Under Graduation – Semester VI, B.A.LL.B./ B.B.A.LL.B.
January 2024 to May 2024
Course Credit: 4

Course Instructor:

Rishika Khare
Assistant Professor of Law, NLUO
(rishika.khare@nluo.ac.in)

Acknowledging the contributions made by Ms. Nanditta Batra and Dr. Warren Burke in
the drafting of this course outline
COURSE DESCRIPTION
Health is a fundamental human right. The Indian Constitution and various international
treatises ordain the State to provide, protect and, promote public health. While over the last
century, the advancement of science and technology has led to an increased individualization
and medicalization of health, yet the unparalleled social dividends of community health
triumph over medicine in laboratory. Public Health movement began in 19th century; it
emphasized on the prevention of diseases, both communicable and non-communicable. While
the initial thrust of public health movement was sanitation and hygiene, it now includes a broad
range of activities including surveillance, mandatory reporting of diseases, regulation of
standards of foods, medicines and other products amongst others. This colossal task, therefore,
requires creation of dedicated authorities, coordination amongst various government
departments, control and regulation of specific industries and, even criminalisation of certain
harmful activities. Hence, the State plays a vital role in Public Health. While there are many
public health programs and policies in India, many of the flagship public health programs of
the government are not supported by the legal infrastructure. The lack of legal support rai ses
pertinent questions about their constitutionality. However, this does not mean that there are no
public health laws in India. There is a gamut of Central and State laws relating to specific
aspects of public health. However, not much effort has been made to thematically study the
laws dedicated to public health. Therefore, through this intensive seminar course an endeavour
has been made to fill that gap.

Course Outline Designed by: Ms Nanditta Batra, Dr Warren Burke, Ms Rishika Khare

COURSE OBJECTIVES:
The course aims at:
a. Investigate the legal, ethical and community-based approaches that shape the public health
law domain of India
b. Acquaint the students with various concepts of public health, introduce existing law,
policies and expose them to prevalent problems in the field of public health in India.
c. Supporting students in identifying the challenges and possible ways of addressing the
challenges relating to public health.

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LEARNING OUTCOMES

Upon the completion of the course the students are expected:

a) To identify a proper jurisprudential justification for the State action aimed to promote
public health,
b) To appreciate the vital role of law in promoting and protecting public health,
c) To be familiarised with domestic and international frameworks relating to public health,
d) To be aware of the problems relating to the inequitable access to health.

COURSE PEDAGOGY

The aim is to make the pedagogy as student centred as possible. All the course materials
including e-books and cases will be circulated to students beforehand. Each student will be
expected to prepare thoroughly and to participate actively in class discussion. Methods used in
the classroom will include, Lecture and instruction, Discussion, Socratic Method and Student
Presentations.

MODE OF ASSESSMENT
End Semester Examination 70 Marks
Class Presentation 15 Marks
Internal Assignment 15 Marks
Total 100 Marks

COURSE STRUCTURE
Module Title Hours

Module I Introduction to Public Health Law 10 hrs

Module II Allied Public Health Laws in India 10 hrs

Module III Applying Public Health Law in Context – Part I 16 hrs

Module IV Applying Public Health Law in Context – Part II 16 hrs

Module V Access to Public Health Facilities in India 12 hrs

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 DETAILED COURSE OUTLINE

Module I - Introduction to Public Health Law

Health is a basic human right and integral to the protection and enjoyment of life. Realizing
the importance of health in the development of society, there have been numerous interventions
to protect and promote public health since the dawn of civilization. In the contemporary arena,
the modern States employ law as an important tool to bring about various public health
interventions. The purpose of this module is to explore the meaning of health and evolution of
public health as separate science and introduce key justifications for State intervention.

Lecture Topics Case/ Exercise Readings

No.
1 Introduction to Public Gostin, Lawrence O., A Theory and
Health Law - Theory Definition of Public Health Law.
and Definition of
Available at SSRN:
Public Health Law
2 Introduction to Public https://ssrn.com/abstract=242580 or
Health Law - http://dx.doi.org/10.2139/ssrn.242580
Difference between
Public Health and
Medicine
3 Introduction to Public Sudhir Anand “The concern for equity
Health Law- in Health” in Sudhir Anand, Fabienne
Individual Goal v
Peter, Amartya Sen (eds) Public
Community Goal
health, ethics, and equity 15-20
(OUP,2004).
4 Introduction to Public
Health Law-
Economic Perspective
5 Public Health Dan E. Beauchamp, “Public Health as
Movement: Ethical, Social Justice” 13 (1) Inquiry (March
Legal and Historical
1976), pp. 3-14
Foundations
6 Role of the State in the
Public Health Sphere
7 Justification for Charan lal Sahu
Public Health & Ors. V.
Regulation - Union of India,
Jacobson v Massachusetts, It’s Not
Paternalism; 1989

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 Balancing autonomy Your Great-Great-Grandfather’s
and pluralism by Public Health Law, Am J Public
Harm theory Health, Wendy K. Mariner, George J.
Annas, Leonard H. Glantz, 2005
8 Justification for
April.
Public Health
Regulation - Best
Interest Theory;
Theory of Welfare
State; Health Justice
9 Rights-Based Municipal How flexible should constitutions be?
Approach: Council, Ratlam A contrasting study between the U.S.
International and vs Shri and India, Quartz India, Samir
Vardhichand Chopra, March 25, 2019.
Constitutional
Perspective Paschim Banga
Khet Mazdoor
Samity and
others v State of
West Bengal,
1996 SC
10 Law as a Source of CESC v
Power and Limitation; Subhash
Formulating Legal Chandra Bose
(1991 SC)
Interventions

Module II –Allied Public Health Laws in India

This module aims to explore the need for law in employing various public health strategies.
The discussion then follows the legislative division of powers relating to public health within
the Indian Constitution. There is an overlapping of the authority reflected in the organisational
structure of Public Health institutions and mechanisms. How does that impact the rights of the
people? The State exercises much power to protect and promote public health. History has
taught us that many moralistic and surveillance measures have been masked as public health
measures. The State's power to monitor, report and control the outbreak of diseases and at
times to protect the health and safety of persons comes in conflict with the civil liberties of an
individual. There is a gamut of laws at the Central, State and Local Level in India addressing
general or specific issues of Public Health Concern. The purpose of this module is to introduce
to the students the whole gamut of central and state laws that pertain to public health.

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Lecture Topics Case/ Exercise Readings
No. (Leading Cases to (Articles and
be incorporated) books to be
mentioned
separately)
11 Overview of the Public Health Harikishan
12 System in India: Indigenous Sharma, New
13 System of Medicine, Health care Health law draft:
challenges in India and four-tier systems,
Impediments to Public Health clearly defined
powers
14 Power to Legislate on Public Soobramoney v. Task Force on
Health under the Constitution Minister of Health Public Health Act,
(case CT32/97) Approach Paper on
(1997) (South
Public Health Act
Africa)

15 Relation of the Right to Health Yakye Axa

16 with other fundamental rights- Indigenous
17 equality of opportunity, freedom Community v.
Paraguay (2005)
of speech and expression, freedom
(Paraguay)
of trade and commerce, bodily Chaolli v. Quebec
integrity, privacy, right against ([2005] 1 S.C.R.)
forced beggar through case laws (Canada)
with respect to specific issues of
discrimination to AIDS patients,
regulation of trade, rare diseases,
exclusion of genetic diseases from
health insurance, forced
sterilizations, compulsory
vaccinations, female genital
mutilations, sexual autonomy and
discrimination of economically
disadvantaged in access to
hospitals.

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 18 Union Laws:
19 Indian Penal Code, 1860: S. 269-
278
Criminal Procedure Code, 1973: S.
133 and 144
Civil Law + Torts: Regulating
Public Health through Nuisance
and Negligence
Product liability for defective
goods under Consumer Protection
Act, 2019
20 Overview of State Legislations Only 6 states have
public health laws,
8 have no plans to
formulate one –
Centre tells SC

Module III – Applying Public Health Law in Context – Public Health Emergencies and
its Incidents

Lecture Topics Case/ Exercise Readings

No. (Leading Cases to (Articles and
be incorporated) books to be
mentioned
separately)
21,22.23 Public health emergencies Shakuntala P. India: Legal
Devlekar v. Surat Responses to
Municipal Health
Corporation, (2003) Emergencies
4 G.L.R. 154.
24,25, Social Distancing including In Re: Contagion of What Should a
26 Contact tracing, isolation and Covid-19 Virus in Public Health
quarantine Prisons, (2020) 5 Emergency Law
S.C.C. 313. for India Look
like?
27.28 Testing and Screening
29 Surveillance and Information
30 Collection
31 Forced Treatment, antibiotics and In Re: Contagion of
32 vaccines Covid-19 Virus in
Prisons, (2020) 5
S.C.C. 313.

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 33 Transportation and public health
34 emergencies
35 Communicable diseases; Law Uday foundation for
36 Relating to Prevention and Control congenital defects
of Diseases and rare blood
groups v UOI (2015
Del HC)

Module IV – Applying Public Health Law in Context – Individual Health

This module focuses on the specific issues of Public Health in India that have attracted the
State’s intervention in a more frequent and pervasive manner, an attempt that is often
confronted with the questions of individual choice, privacy, liberty and autonomy. Given the
spatial and temporal nature of the concerns like tobacco use, reproduction, communicable
diseases or health emergencies, state intervention is bound to increase but certainly needs to
take note of the caution presented by an individual’s civil liberties. This module looks at the
state measures in select sphere areas affecting the health rights of individuals, families or
communities.

Lecture Topics Case/ Exercise Readings

No. (Leading Cases to (Articles and
be incorporated) books to be
mentioned
separately)
37 Reproductive and Menstrual Devika Biswas v
38 Health and Family Planning: Union of India,
39 Sexual Autonomy, Bodily (2016) 10 SCC 726;
40 Freedom, Surrogacy, Privacy and Suchita Srivastava v
41 Choice Chandigarh
42 Administration,
(2009) 14 SCR 989
43 Tobacco, Alcohol and Substance Naya Bans Sarv The challenge of
44 Abuse in India Vyapar Assoc. v Tobacco
Union of India & Regulation in India
Ors. (W.P.
No.7292/2011);
Narinder S. Chadha
v. Municipal
Corporation of
Greater Mumbai,

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 A.I.R. 2015 S.C.
756.
45 Organ Transplantation Balbir Singh v. Seema Rathi,
Authorisation Organ
Committee, A.I.R. Transplantation
2004 Delhi 413 Law in India: It’s
Legal and Ethical
Issues, 47(1)
CMLJ 52, 53
(2011).
46 & 47 Mental Health Care in India
Suresh Bada Math,
Vinay Basavaraju,
Shashidhara
Nagabhushana
Harihara, Guru S.
Gowda, Narayana
Manjunatha,
Channaveerachari
Naveen Kumar,
Mahesh Gowda,
“Mental Healthcare
Act 2017 –
Aspiration to
action”, Indian J
Psychiatry 2019
48 Food Safety and Standards; Dinesh Chandra Anubha Dhulia,
49 Chronic Diseases: emphasis on Jamadars Gandhi v. Laws on Food
50 food, diet, obesity, diabetes State of Gujarat, Adulteration: A
epidemic and related conditions 1989 Critical Study with
Special Reference
to the Food Safety
and Standards Act,
2006, 1(1) ILI L.
Rev. 163, 169
(2010).
51. Climate Change, Environmental
52. Hazards and Health Challenges;
Pollution Control

Module V – Access to Public Health Facilities in India

This module will reflect on the state of healthcare infrastructure in India and its adequacy to
meet the needs of the Indian population particularly the poor people, women, children and

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elderly. Problems relating to costs and affordability of healthcare facilities, free treatment of
EWS category patients, and universal insurance cover will be critically debated.

Lecture Topics Case/ Exercise Readings

No. (Leading Cases to (Articles and
be incorporated) books to be
mentioned
separately)
53 Physical Access and Health
54 Infrastructure: Liability of the
State; Exploring alternate to
allopathy
55 Drug Development, manufacture, A Human Rights
56 and distribution, nationally and Approach to
internationally Intellectual
Property and
Access to
Medicines (2013)
Global Health
Justice Partnership
Yale Law School
and Yale School of
Public Health
Policy Paper
1/2013
57 Economic Access - Price caps Union of India v Ravi Duggal,
58 under the Clinical Establishments Mool Chand Advancing the
(Registration and Regulation) Act, Khairati Ram Trust, Human Right to
2010 AIR 2018 SC 5426 Health “Health
(India). and development
in India: moving
towards the right
to health” 113
(OUP,2013)

59 Health Insurance in India- Current Social Jurist v NCT

Position and Issues-Private Health of Delhi, 140 (2007)
Insurance and Public Health DLT 698 (High
Insurance
Court of Delhi).

60 Role of IRDA- ESI Act, M/S United India

61 Ayushman Bharat and Universal Insurance Company
Health Coverage Limited v Jai

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 Prakash Tayal, 2018
SCC OnLine Del
7415 (India).

62 EWS reservations in private

hospitals
63 Questions of Health Care Facilities Arundhati Roy,
64 for Stateless Persons, Naxalites Walking with
and refugees
Comrades

RECOMMENDED BOOKS

• Prof. Manoj Kumar (ed.), Health Laws and Policies in India (Thomson Reuters, 2021).
• Lawrence O. Gostin & Lindsay F. Wiley (eds.), Public Health Law & Ethics (3rd edn.,
University of California Press 2018).
• Sougata Talukdar, Right to Health in India: Law, Policy and Practice (Sage Publication
2022).
• Lawrence O. Gostin & Benjamin Mason Meier, Foundations of Global Health & Human
Rights (OUP 2020)
• John Coggon, Keith Surett, and A.M. Viens, Public Health Law: Ethics, Governance and
Regulation (Routledge 2017).

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