PUBLIC HEALTH LAWS

BY
MRS ATHIRA B PRASAD
LECTURER
SJCON
Definition

 Law constitutes body of principles recognised

or enforced by public and regular tribunals has
the administration of justice.
- Pound.
 Law is a system of rights and obligations
which the state enforce.
- Green
AIM

 To improve the health status of the people.

Importance of PHL
 Protect the health of the people.
 Eradicate the health risk.
 Improve the health status.
 Enjoy the health rights.
 Enjoy the health benefits.
 Maintain uniform practice.
Contd….

 Claim health compensation.

 Enforce safe health practice.
 Enforce action against illegal activities.
 Develop health policies.
 Increase awareness among public regarding
safety practices.
 Improve community participation towards
legal activities.
factors influencing phl

 Sound health system

 Proper economic policies.
 Community participation
 Effective implementation of health law
 Constitutional support
 Periodical review of law
 Strong political will to implement PHL
 Adequate resource
TYPES OF LAW

1. Civil Law :- it deals with matters concerning

property, contracts, wrong family matters etc.
It helps to protect the rights of the persons.

2. Criminal Law :- matters related to crimes

against individual, society and nation.
Sources of Law

1. Constitutional Law
2. Common Law
3. Administrative /Regulatory Law
4. Status/Statutory Law
1. Constitutional Law

 It is the judgemental law of the country.

 Itdetermines the structure of the state, its

power and duties.

 Also determines the form of government and

its relationship with various organ of the
government.
2. Common Law

 Itis a body of legal principles that has evolved

from court division.

 Itis created by judicial division made in

courts where cases are decided.
3. Administrative Law

 Itconsists of the rules and regulations

established by administrative agencies that
have been made by executive branches of
government.
4. Statutory Law

 These are passed by legislative body or

parliament or the state in accordance with the
constitutional law.

 Itregulates relationship between citizens and

the state between individual and group and
between individual and others.
Aspects of PHL

 Contains general information regarding

general health code, rules, law, constitution,
fundamental rights and duties.

 Availability and regulation of manpower in

the area of health.
 Rules related to disease control and medical
care.
 Legal measures towards health practices.
 Care of aged , mental health.
 Law related to smoking ,tobacco, alcoholism
and drug addiction.
 Issues related to death.
 Nutrition and food safety.
 Consumer protection.
 Drug preparation.
 Measures for protection from poison and other
harmful substances , action etc.
 Occupational health and safety.
 Protection from accidents and radiation.
 Environmental protection.
 Training of health personnel.
 Code of professional ethics.
Steps in formulation of PHL
Health problems

Finding various action

Norms and standards

International National
PHL PHL
Evaluation

Health protection & promotion

Common PHLs

1.Pre natal Diagnostic Technique Act

(PNDTA) 1994.
Objective
 To prevent the inhuman trend of female
foeticide effective from 1st January 1996
except medical cause.
 Prohibition of sex selection.
 Fine and imprisonment.
2. MTP Act 1971
 Encourage safe abortion.
 Risk for mother and child.
 Medical ground.
 Humanitarian.
 Unwanted pregnancy.
 Psychiatric patient.
3. Prevention of food adulteration Act 1954.
 In order to ensure pure and healthy food
substance to consumer.
 Prevent food adulteration.
 Check quality of food.
 Check expiry date.
 Food contamination.
4. Drugs and Cosmetic Act 1945
 2008 passed in Parliament.
 August 2009 came into force.
 Standardization of medicine and cosmetics.
 Control the quality of imported medicine.
 Regulation of new drugs.
 Provide license for the preparation of vaccine.
5. Food Safety and Standards Act 2006
 Safeguard the food safety and health of the
consumer.

 Food stuff, package foods, labelling,

advertisement.

 Manufacture, processing, distribution, sale,

import of food
6. Mental Health Act 1987
 Protection is provided to mentally sick or
weak persons.

 Thisprotects the rights of sympathetic

treatment and right to live with dignity of the
mental patient.
7. Consumer Protection Act
 (1986&2002)revised 2003.
 Important and effective law protecting the
consumers.
 8. Women and child health welfare law
a) Children
 Child marriage prohibition Act -1976
 Child Labour prohibition Act -1943
 Juvenile deliquency act -1986
 Orphanage protective house act -1960
 Child milk food substitute Act -1992
b) Law related to women
 Hindu marriage act -1955
 Equal wages act -1976
 Dowry prohibition act -1961
 National women commission act 1992
9. Occupational safety and health laws
 Occupational safety law –
o Mines Act 1952
o Coal Mine act 1957
o Factory Act 1948 amended in 1987
o Workers Compensation Act 1923
o ESI Act 1948
10) Persons with disabilities act 1995 enforce
in 1996
 Deals with both prevention & promotional
aspect of the rehabilitation such as education,
employment and vocational training ,
rehabilitation service etc.
11. Environmental conservation law 1985
 Environment protection act 1986
 Air pollution control act 1981
 Water pollution control act 1974
 Protection of wild life act 1974
 Forest protection act 1980
 Biomedical waste regulation act 1988
12. Right to information act 2005
 Request information from public authority
within 30 days.

 Request
any information – take copies of
documents.
Role of nurse

o Direct care taker

o Supervisor
o Manager
o Advocate
o Trainer
o Health educator
o Reporter – informer
o Coordinator