PUBLIC HEALTH LAWS IN INDIA

Moderator : Prof Dr.O.P Panigrahi

Presented by

Dr.Surendra Babu (Pg 2nd yr)

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Introduction

• Definition :Public health laws is the study of the legal powers and

duties of the state to assure the conditions for people to be healthy (to

identify ,prevent & ameliorate risks to health in the population )and

the limitations on the power of the state to constraint the autonomy,

privacy, liberty ,proprietary or other legally protected interests on the

individual for protection or promotion of community health.

2

Characteristics of public health law :

• Govt : Public health is primary responsibility of the government

• Population: Create the conditions in which communities can be health.

• Relationship: Between state and population

• Services : Deals with the provision so population based services grounded on the basis on the scientific methodologies.

• Coercion: Authorities possess a power to force individuals and businesses for the protection of the community

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To Improve and Maintain high standards in Medical Education and services:

Indian medical council act, 1956 and regulations 2002

Indian Nursing council act, 1947

Dentist Act,1948

Pharmacy Act,1948

Homeopathy central council act, 1973

4

Public Registration to Assess Mortality and Enumeration of population:

Registration of Births and Deaths Act, 1969

Census Act, 1948

To Prevent Public Health Problems:Epidemic Diseases Act, 1897

Food safety and standards act, 2006

5

To Achieve Maternal Health and to Empower the Women:

MTP Act,1971

Maternity Benefit Act, 1961

Dowry Prohibition Act, 1961

Immoral Traffic Act, 1956

PCPNDT act, 1994

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To safeguard Children and young:

Juvenile Justice Act, 2000

Child Labour Act, 1986

To Rehabilitate and Provide equal opportunities to disabled and disadvantageous groups:

Persons with disabilities Act,1995

Mental Health Act, 1987

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To Prevent Drug Addiction and Substance Abuse and Safe Manufacturing of Drugs:Narcotic Drugs and Psychotropic Substances Act,1985

Drugs and cosmetics Act, 1940

Drugs Act,1948

COTPA act 2003

To Protect Workers and Provide Social Security:Factories Act,1948

Mines act, 1952

ESI Act , 1948

Workmen’s Compensation Act, 1923

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CHAPTERS DESCRIBED IN INDIAN MEDICAL COUNCIL ACT, 1956

• Code of medical ethics

• Duties of a physician

* to their patients

* in consultation

* to the public and to paramedical profession

• Responsibilities to each other

• Unethical acts & Misconducts

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CODE OF MEDICAL ETHICS

1. Qualified in modern system of medicine only.

2. Update knowledge and skills, CME

3. Maintain medical records, medical certificate register

4. Display details

5. Observance of sanitary laws and regulations

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DUTIES OF A PHYSICIAN* TO THEIR PATIENTS

• In case of emergency treat or refer to appropriate physician

• Information revealed in confidence to be kept secret

• Never exaggerate or minimize the gravity of a situation

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DUTIES OF A PHYSICIAN IN CONSULTATION

• Consultation only when justifiable & in the interest of patient

• Laboratory tests to be carried out judiciously

• Punctuality

• Never criticize referring physician

• Communicate opinion in writing to referring physician

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DUTIES OF A PHYSICIAN* TO THE PUBLIC AND TO PARAMEDICAL PROFESSION

• Enlighten public regarding quarantine regulations and measures for

prevention of epidemic

• Notify concerned authorities in accordance with laws, regulation and

rules

• Recognize and promote practice of different paramedical services

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UNETHICAL ACTS & MISCONDUCTS

• Advertisement

• Association

• Alcoholism

• Abortion

• Human rights violation

• False certification

• Breach of confidence

• Not taking appropriate consent of patient

• Falsification of degrees

• Violation of guidelines while conducting research

• Found absent from position at place of work

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Indian Medical council Act, 1956, Amendments in 2010

• No person shall establish a medical college or start any medical course

• The medical qualification granted by approved university shall be recognised

• The council appoints registrar to maintain Indian medical register

• Enrolled medical doctor can held office as physician or surgeon ,practice

medicine in any state.

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Indian nursing council act ,1947

• The act is aimed to regulate uniform standard of training for nurses,

midwifes ,and health visitors

• Any person may enrol in register who has recognised qualification

• Any institution engaged in training ,and distribution of nursing diploma or

degree have to submit information time to time

• Inspecting body shall submit report regarding standards and adequacy of

resources to council

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The Registration of Births and Deaths Act, 1969

• Uniform law across the country on the registration of births and deaths

• Reporting and registration of all births and deaths compulsory

• Registrar General, India to ‘coordinate and unify’ the implementation of the Act

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The channel of collection and sending information

Village level-local registrar

(drawn from panchayat ,police station ,health or revenue department )

Taluka /urban level –local registrar

( municipal /corporation health officer )

District level- District registrar

(for each district )

State level –Director of health services

(chief registrar for the state )

National level –Registrar General of india

Minestry of home ,newdelhi18

Responsibility to report births/deathsPlace of occurrence of birth/death Responsibility to report

House Head of the household

Hospital nursing home, etc Head of the institution

Public places Police

The information regarding occurrence is to be supplied within 21 days in both

events of birth and death.

In case of delays more than 30 days but within a year an affidavit is required

from notary public with late fee i.e. One rupee per day.

For registration of events beyond one year, order from class 1 officer/magistrate

is necessary.19

THE EPIDEMIC DISEASES ACT, 1897

• The Act provides power to exercise for the control and to prevent any epidemic

or spread of epidemic in the States or Country.

• The states may authorise any of its officers or agency to take such measures if

the state feel that the public at large is threaten with an outbreak of any

dangerous epidemic.

• Person who is inspecting, is empowered to determine about the process and

authority to take responsibility of all expenses incurred in compensation,

travelling, temporary accommodation, segregation of infected person, etc.

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• The state govt. can authorise the District Magistrate who can take any number of

vehicles needed to carry man and equipment to and fro or transporting infected

persons during an epidemic.

• State or central govt may take measures & prescribe regulations for inspection of

any ship or vessel leaving or arriving at any port in the territories

• Violation of any provision of this act is punishable under Sec 188 of IPC.

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Food Safety & Standards Act, 2006

• Food safety and standard act is to consolidate the laws relating to food and to establish the food safety and standards in India

• Establishment of food safety authority

The members include GOI officials

Representatives from the

Food Industry (2),

Consumer Organizations (2),

Eminent Food Technologists / Scientists (3),

State Governments (5),

Farmers’ Organization (2) and

Retailers’ Organization (1).22

Prevention of food adulteration -Act Sections

• Sec 2(1) a-m defines What Food Adulteration is?

• Sec 2 Misbranded food

• Sec 7 Prohibition of manufacture, sale etc of certain articles of food

• Sec 14 Manufacturers, distributors and dealers to give warranty.

• Sec 14A Vendor to disclose the name of the person from whom the article was

purchased

• Sec 15 Notification of Food poisoning

• Sec 16 Penalties –Subject to provisions of sub-sections 1-A

• Sec 19 Defenses which may or may not be allowed in prosecutions under the Act. 23

Designated Officer:

District-in-charge for Food Safety

To issue/cancel license of Food Business Operator

To receive report and samples food from Food Safety Officer.

To make recommendation to Food Safety Commissioner for

sanction to launch prosecutions.

Food Safety Officer:

For local areas

To seize the samples

Inspection of food processing premises

Power of search, seizes, investigation, prosecutions.

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• Substandard food: Upto Rs. 2.00 lakhs

• Misbranded: Upto Rs. 3.00 lakhs

• Misleading advertisement : Upto Rs. 10.00 lakhs

• Food with extraneous matter: Upto Rs. 1.00 lakhs

• Fail to meet the requirements as directed by FSO: Upto Rs. 2.00 lakhs

• Unhygienic / unsanitary preparations: Upto Rs. 1.00 lakhs

• Adulterant not injurious to health: Upto Rs. 2.00 lakhs

• Adulterant injurious to health: Upto Rs. 10.00 lakhs

• Unsafe food – but does not cause immediate injury : 6 months imprisonment with

fine of Rs.1.0 lakh

Penalties:

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• Unsafe food causing non-grievous injury :1 year imprisonment with fine of Rs.

3.00 lakh

• Compensation in case for injury : up to Rs.1.00 lakh

• Causing grievous injury : 6 years imprisonment with fine of Rs. 5.00 lakh

• Compensation in case for grievous injury : up to Rs.3.00 lakh

• Causing death : 7 years or life imprisonment and fine of Rs. 10.00 lakh

• Compensation in case of death : up to Rs. 5.00 lakh minimum

Penalties:

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MTP ACT 1971

• This law provides liberalized conditions for women to seek abortion and for

doctors to do it

Indications:

• Therapeutic :Continuation of pregnancy endanger the life of women or grave

injury to her physical or mental health

• Social :Contraceptive failure in married couple

• Humanitarian reasons: pregnancy caused by rape

• Eugenic reasons :

• When pregnant women is mentally not sound

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MTP rules: Who can perform?

• MTP can be done by registered medical practitioner

• have undergone 6months houseman ship or 3years postgraduate

training in obstetrics & gynaecology

• Who have conducted 25 cases of MTP in approved institution

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MTP rules

• MTP can be conducted in hospital/nursing home/centres approved by govt

• Termination of pregnancy by unregistered person or unregistered place shall be an

offence

• Termination of pregnancy by RMP under certain conditions where it is done in

good faith & to save life of pregnant women is not considered as an offence.

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PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT) ACT

Made in 1994

Regulates and prevents misuse of the diagnostic techniques.

Amended again in 2003.

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Aim

Prohibition of sex selection,

Regulation of pre-natal diagnostic techniques for the purposes of detecting-

Genetic abnormalities or

Metabolic disorders or

Chromosomal abnormalities or

Certain congenital malformations or

Sex-linked disorders

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When its becomes an offence ?

Service provider violating the Act.

Service seeker (woman compelled to undergo the test is not punishable).

Advertiser of these techniques.

Complaints procedure

Written complaint to Appropriate Authority.

Authority to act within 15 days.

Delayed action to be addressed through judiciary.

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An offence under the PCPNDT Act is cognizable, non- bailable and non-compoundable.

First offence Subsequent offence

Service

provider

Imprisonment (3yrs.) penalty

(Rs.10000); registration cancelled

(5 yrs.)

Imprisonment (5yrs.) penalty

(Rs.50000) registration

cancelled (permanently.)

Service

seeker

Imprisonment (3 yrs.) penalty (Rs.

50000)

Imprisonment (5 yrs.) penalty

(Rs. 100000);

Advertiser Imprisonment (3 yrs.) penalty (Rs.

10000)

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THE MATERNITY BENEFIT ACT1961

• To protect and empower women as workers

• To prevent unfair unemployment practices and exploitation ofwomen in labor market and to safeguard the health and wellbeing ofthe mother and child

• every factory or establishment in which 10 or more personsemployed on any day of the preceding twelve months.

• Eligibility for Maternity Benefit: Has to work for 80 days in thepreceding 12 months immediately preceding the date of her expecteddelivery.

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• Maternity benefit is paid at the rate of the average daily wage for the

period of her actual absence.

• Eligible for 12 weeks maternity benefit of which not more than six weeks

shall precede the date of her expected delivery.

• Nursing breaks –Two times in the course of daily work

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• 2 weeks leave with wages for tubectomy and two weeks immediately

following the day of an tubectomy.

• One months leave with wages at the rate of maternity benefit for one month

for miscarriage, MTP or tubectomy operation.

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IMMORAL TRAFFIC(PREVENTION) ACT

• This act is to prevent and prohibit prostitution

• Definition : sexual exploitation or abuse of a person for commercial purposes

• Any person who keeps or manages or acts or assisting in the keeping or management of brothel shall be punishable

First offence Subsequent offence

Imprisonment 1 to 3 years >2 to 5 years

Fine Up to Rs 2000 > Rs 2000

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CHILD LABOUR ACT (1986)

• To prohibit the engagement of children in certain employments and to regulate conditions of work of children in other employments

• Objectives: No child shall be employed or permitted to work in any of the following occupations: Set forth in part of ‘A’ of the schedule or in any workshop where in any of the process set forth in part ‘B’ of the schedule to this Act -

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Child Labor Act 1986(Prohibition & Protection)

PART-A1. Transport of passengers, goods; or mails by railway

2. Cinder picking, clearing of an ash pit or building operation in the railway premise.

3. Work in a catering establishment at a railway station, involving the movement of vendor or any other employee of the establishment from one platform to another or into or out of a moving train.

4. Work relating to the construction of railway station or with any other work where such work is done in close proximity to or between the railway lines.

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PART BIn any workshop wherein any of the following processes is carried on.

• (1) Bidi-making.

• (2) Carpet-weaving.

• (3) Cement manufacture, including bagging of cement.

• (4) Cloth printing, dyeing and weaving.

• (5) manufacture of matches, explosives and fire works.

• (6) Mica-cutting and splitting.

• (7) Shellac manufacture.

• (8) Soap manufacture.

• (9) Wool-cleaning.

• (10) Building and construction industry.

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HOURS AND PERIOD OF WORK FOR CHILDREN:

• The period of work on each day shall be so fixed that no child shall work for

more than three hours before he has had an interval for rest for at least one

hour.

• No child shall be permitted or required to work between 7 P.m. and 8 a.m.

• No child shall be required or permitted to do work overtime.

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Weekly holidays Every child employed in an establishment shall be allowed in each week,

a holiday of one whole day, which day shall be specified by the occupier in a notice

Violations under section 3 of this act shall be punishable with imprisonment & fine.

First offence Subsequent offence

Imprisonment 3 months to 1 year 6 months to 2 years

fine Rs 10000 to 20000 > Rs 200000

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Juvenile Justice Act 2000• juvenile is defined as a person who has not completed his/her 18th year of age

• The Act places children/juveniles in two categories

1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘JuvenileBoards’

2. Child in need of ‘care and protection’ to be looked after by State Governments/‘Child Welfare Committees’

Act to be implemented by the respective State Government

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Juvenile in conflict of law • Provision establishment of Juvenile Justice Boards

• Juvenile cases can only be heard in the JJB and not by another court.

• reception and rehabilitation of juvenile conflicts , the state must set up

Observation Homes and Special Homes in every district or group of districts

• When a police officer comes in contact with a juvenile he must place the

child with the Special Juvenile Police Unit

• Juveniles who run away from the Observation or Special homes can be

brought back without a warrant and without punishment

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• Cruelty (such as assault or neglect) towards juveniles in the home or by any person in charge of him/her is a punishable offence

• People who exploit children for a crime will be penalised

Child in need of ‘care and protection’• CNCP cases are heard by the “Child Welfare Committee”

• The purpose of the CWC is to provide for the care, treatment, protection, rehabilitation and development of the child

• CNCP are provided with Children's Homes and Shelter Homes

• Shelter homes are for children whose family can not be located or whose case has been completed

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• CWC may declare a child fit for adoption and refer him/her to an

adoption agency (set up by the government) for placement.

• The JJB and CWC have the authority to release a child to his/her

parents or give the child leave

• State shall create a Child Protection Unit, whose officers are

responsible to ensure the proper implementation of act.

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NARCOTIC DRUG AND

PSYCHOTOPIC SUBSTANCES Act 1985

• Deals with narcotic drugs ,psychotropic substances and property derived from ,or

used in ,illicit traffic in narcotic drugs & psychotropic substances ,and to

implement the provisions of the international conventions on narcotic drugs and

psychotropic substances.

• consolidate & amend the law relating to narcotic drugs

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NDPS Act 1985- definitions

• Addict : A person addicted to any narcotic drug or psychotropic agent.

• Narcotic Drug : Coca leaf, cannabis, opium, poppy straw, & includes all manufactured drugs.

• Manufactured Drugs: All coca derivatives, medicinal cannabis, opium derivatives, poppy straw concentrate, & any other notified narcotic substance or preparation.

• Psychotropic Substance : Any substance, natural or synthetic, or any material, or any salt or preparation of such substance/ material included in the list of psychotropic substances specified in the schedule.

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Authorities & Officers

• Provision for appointment of a Narcotics Commissioner, & a NDPS Consultative Committee by the Central Govt.

• Chapter II A Provision for constitution of a National Fund for Control of Drug Abuse.

• The Central Govt. has constituted an authority k/a the Narcotics Control Bureau with headquarters at New Delhi & 5 zonal offices to exercise the powers & functions of the Central Govt. under this act.

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Prohibition, Control & Regulation

• According to Section 8 No Person Shall :

1) Cultivate any coca, opium poppy or cannabis plant, or

2) Produce, possess, or consume any narcotic drug or psychotropic substance,

except for medicinal or scientific purposes & in the manner & to the extent

provided by the Act.

• There are clauses regarding the power of Central & State Govt. to permit,

control & regulate the narcotic drugs & psychotropic substances, including

matter of licenses.

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Offences & Penalties

1) Punishment for contravention in relation to poppy straw, coca plant & leaves prepared opium, poppy, & cannabis plant (except ganja), manufactured drugs, psychotropic substances :

a) For 1st offence : Imprisonment for not less than 10yrs, & Fine not less than 1 Lakh rupees

b) For 2nd & Subsequent Conviction : Imprisonment for not less than 15yrs, & Fine not less than 1.5 Lakh rupees.

2)Punishment for contravention in relation to ‘ganja’ or cultivation of cannabis plant:

a) For 1st offence : Imprisonment which may extend to 5yrs, & Fine which may extend to 50,000 rupees

b) For 2nd & Subsequent Conviction : Imprisonment which may extend to 10yrs, & Fine which may extend to 1 Lakh rupees

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3) Punishment for illegal possession in small quantity for personal consumption of any ND/ PS (Sec 27):

a) For cocaine, morphine, heroin imprisonment extending upto 1yr, or Fine, or Both

b) Other imprisonment extending upto 6 months, or Fine, or Both

4) Death Penalty

…Contd

ND/ PS QUANTITY

Cocaine 500 mg

Morphine/ Heroin/ Codeine 1 kg

Opium 10 kg

Hashish 20 kg

Cocaine– 125mg Heroin -250mg

Opium – 5g Charas - 5g Ganja – 500g

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• J.Kishore’s national health programmes of india 10th edition

• www.fssai.gov.in

• www.mciindia.org/Rules

• pndt.gov.in

• www.juvenilejusticeact.in

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