PGDMLE started in the academic year 1999-2000
The main objective of the Course is to bring an interlink between ‘law’ and ‘medicine’. The Course helps an interdisciplinary study between law and health and identifies specific nature of relationship that exists between a medical practitioner and his patient. The course contextualizes the constitutional dimension to ‘right to health and discusses the various international legal documents which attempts to ensure ‘right to health’ to all. Obligations of the medical professionals, the duty of care and the responsibilities of hospital administration towards the sick are highlighted. Various remedies available to patients for breach of doctor’s duty, like civil, consumer protection, criminal and professional regulatory bodies are discussed. The complex issues of ‘consent’ and ‘confidentiality’ are discussed at length to bring about better and effective compliance amongst the medical fraternity. The Course highlights the emerging issues in the field of medicine like HIV/AIDS, clinical trials, surrogate motherhood and euthanasia. The course equips a scholar in understanding of law, health and its legal system.
The subjects prescribed for the course shall be as follows:
PAPER I: INTRODUCTION TO LAW AND LEGAL SYSTEM
Objective of the Paper:
This paper attempts to introduce the scholar to the basic understanding of law and its legal system. This provides a scholar an opportunity to equip with the understanding of law, various theories about law, its sources and the functionality of legal system in India. This paper gives a bird eye view about various organs of Government, i.e. Legislature, Executive and the Judiciary. Different classification of law, like civil and criminal, substantive and procedural, public and private, makes the reader get an insight to the legal system and its operation. Constitutional study of the legal system and its governance is the main focus with the available Constitutional remedies as fundamental right. An introduction to basic law like Law of torts, Contract Law, Property Law and criminal law-provides the scholar with a background to the study of law in India, while the Unit on International law provides an understanding of international legal regime as applicable to India.
1. UNDERSTANDING LAW AND LEGAL SYSTEM IN GENERAL
Introduction to Law: Different ‘theories’ about law - Pure Theory of Law - Natural Law Theory - Traditional Natural Law Theory -Second Kind of Natural Law -Introduction to legal system
2. LEGAL SYSTEM
Understanding Legal System, Various organs of legal system -Law making organ -Institutions entrusted with execution of law; Institutions connected with adjudication & rule governing adjudication - Law Enforcement in India -Central Armed Police Forces -Central Investigation and Intelligence Institutions - Central Forensic Institutions
3. HOW TO FIND APPROPRIATE LAW ?
Sources of Law; Legislation, Delegated Legislation, Ordinances, Judicial Decisions and Precedent, Constitutional Law, Custom as Source of Law, Contracts as Law, Equity – Standards of Justice and Good Conscience, Classification of Law – Civil and Criminal Law – Substantive and Procedural Laws – Public and Private Laws.
4. THE INDIAN LEGAL SYSTEM
What is a ‘Constitution’? ; Evolution in the Models of Constitution, Constitution and Constitutional Law, Constitution as the supreme law of the Land, Evolution of the Constitution ; The Nature of the Indian Constitution ; Salient Features of the Indian Constitution ; Longest written constitution – Federal Structure – Parliamentary form of Government – Unique blend of rigidity and flexibility – Democratic Republic – Fundamental Rights – Directive Principles of State Policy – Fundamental Duties – Secular State – An Independent Judiciary – Adult Sufferage; Basic structure of the Constitution, Citizenship; Fundamental Rights; Right to Equity- Right to Freedom – Rights against Exploitation – Right to Freedom of Religion – Cultural and Educational Rights – Right to Constitutional Remedies – Mandamus – Quo Warranto – Certiorari – Prohibition – Habeas Corpus ; Directive Principles of state Policy; Directive Principles v Fundamental Rights; Structure of Government ; Powers of the president ; Executive Powers, Military Powers, Diplomatic Powers, Financial Powers, Legislative Powers, Ordinance Making Power, Pardoning Power, Emergency Powers, Courts of Law, Jurisdiction and Re-organization of Courts; Tribunals under the Constitution.
5. FEW REPRESENTATIVE LAWS
Law of Torts; Essentials of a tort, Act or Omission, Legal Damage; Mental Element in Tortious Liability; principles of Liability, Fault Based Liability, Vicarious Liability, Negligence, Strict liability, Absolute liability; General Defences to Tortious Claims Hand Book on Distance Education Programmes
6. LAW OF CONTRACT
Principles of Contract; Few essential terminologies; Agreements and Contracts: Difference and Relationship; Essential Elements for the Construction of the Contract; Offer – Acceptance – Consideration; Law Relating to Performance of a Contract.
7. CRIMINAL LAW
Crime and Criminal Law; Criminology, Criminal Policy, Criminal Law; Principles of Criminal Liability, Mala in se and Mala Prohibita, Actus Reus, Intention, Motive, Knowledge, Foresight of the consequences.
8. LAW OF PROPERTY
Nature of Property; Possession of land, Classification of property; Interests – Easements; Modes of holding ownership; Intellectual Property Rights; Patents, Copyrights, Industrial Designs, Trademark
What is International Law? ; Nature of International Law ; What are the sources of International Law; Custom, Treaties, General Principles of Law Recognised by the Civilized Nations, Judicial Decisions, Juristic Works, Equity, Resolution of the General Assembly; Few important International Organization; Public Interest Litigation; Judicial Activism; Alternate Dispute Resolution Mechanism; Adjudication; Civil Adjudication, Criminal Adjudication, Constitutional Adjudication.
PAPER II - LAW & HEALTH – AN INTERPHASE
MODULE ONE – INTRODUCTION TO HEALTH LAW
a. What is ‘health law’?
b. What is the role of ‘state’ (or law) in ensuring ‘health’ in any political society?
c. Recognition of ‘health’ as an important individual right in the contemporary context.
MODULE TWO – HEALTH, LAW AND ETHICS
a.What is Ethics?
b. How it is related to morality?
c. Establishing the interlink-age between Health Law and Ethics;
MODULE THREE – HEALTH LAW IN THE INDIAN CONTEXT
a. Constitution and Health
b. Recognition of right of an individual to health;
c. Various decisional laws (of constitutional courts) pertaining to health
MODULE FOUR – VARIOUS STATUTORY PROVISIONS PERTAINING TO HEALTH
a. Public Health Acts [various acts of the states; and also specific reference would be made to the recent central initiative of bringing model public health law for the country];
b.The Medical Establishments Act (state initiatives to regulate the medical establishments to conform to certain parameters);
c.Law relating to Blood Banks;
d. Environmental Laws and emphasis upon health;
e. Law relating to local self governments and provisions to ensure better public health parameters therein;
f. Town; Country Planning Act and the provisions pertaining to health therein;
g. Common law principles and ensuring health parameters.
MODULE FIVE – ‘HEALTH’ IN INTERNATIONAL PERSPECTIVE
a. Various international documents and initiatives marking the importance of health (recognizing it as an important right of an individual);
b. Human rights documents and emphasis upon health;
c. Other international documents (like patients right charter etc.)
MODULE SIX – HEALTH DELIVERY SYSTEM IN INDIA
a. The Ministry of Health & Family Welfare; the Department of Health & Family Welfare and other state agencies working in the area of health care delivery;
b. Various central and state level policies and programmes relating to health care delivery in India (like Rural Health Mission, etc.,)
c. Insurance and health sector.
PAPER III - MEDICAL PROFESSIONAL & PATIENT – THE LEGAL RELATIONSHIP
i. Understanding the concept of profession
ii. Introduction to medical profession
1.Indian Medical Council;
2.Other professional regulatory Authorities established for various streams (like Indian system, homeopathy etc.,)
i. Under contract law;
1. When patient approaches the doctor with request for treatment by medical practitioner;
2. Implications to doctor patient relationship under contract law;
ii. Under tort law
1. During the state of medical emergency; and
2. Where the doctor is treating patient for free of charge
3. Implications of such relationship.
iii. The remedies available for the patient (for breach of doctor’s duty of treatment)
1. Civil remedies
a. Under breach of contract
b. Under tort law
c. Under consumer protection act
2. Criminal remedies
3. Tertiary remedies
d. Complaint to professional regulatory body.
iv. The consequence of established doctor patient relationship
1. The concept of duty of care;
2. Various situations (of judicial interpretation of duty of care concept)
i. The need for consent to treatment by the medical practitioner
ii. The concept of body autonomy of an individual;
iii. Concept of informed consent
1. What is meant by informed consent?
2. What is the level of information required for obtaining informed consent
iv. The recent judicial trend in the area of consent (i.e. prior informed consent)
v. Complex cases and medical consent
1. Minor resisting treatment;
2. Insane person etc.,
i. Confidentiality as a right;
ii. Medical practitioner’s duty to maintain confidentiality;
iii. The Indian decisional law on confidentiality
PAPER IV - LAW & MEDICINE – SOME EMERGING ISSUES
Module-5: Clinical Research & Drug Trials
NOTE: - The list of topics are provided in the hand book sent to you along with the study materials. The topics provided in the hand book are purely suggestive. The students could either improvise on the given topics or formulate a new topic of their own. In such case, the students are required to inform the department for validity of the topic before undertaking any substantive research work.* If the student is selecting any one of the topic provided in the hand book, then the student need not write to the department.
You need to submit one copy of the dissertation in spiral bound form.
Dissertation should be enclosed along with filled in examination application form within the dates notified in the examination schedule.
In any case if the student is not able to submit the dissertation for the said examination, it can be submitted any time during the course of study (which is 1+2)*, for any of the subsequent examination. As and when the candidate clears all the five papers, the degree of diploma will be awarded.
* Post Graduate Diploma is a 1 year course. Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond one academic year because of his/her non-fulfilment of the prescribed requirements for the award of the degree, he/she will be permitted to continue for the subsequent two academic years by paying a continuation fee as prescribed for each year. At the end of the third academic year if the candidate fails to fulfil all the requirements for the award of the degree, the admission stands automatically cancelled.
NOTE: Students will have to seek approval of a New Topic other than those mentioned in the Handbook within three months prior to the date of the Examination.