ABSTRACT
The Constitution of India has provisions regarding the right to health. The obligation of the State to ensure the creation and the sustaining of conditions congenial to good health is cast by the Constitutional directives contained in articles 38, 39 (e) (f), 42, 47 and 48 A in Part IV of the Constitution of India In this article following aspects are studied in the light of provisions of constitution of India and various judicial pronouncements: Medico-legal cases and Right to Health Care and Medical Assistance; Medical Examination of rape victim and Right to health care; Working of Blood Banks and Right to Health Care; Cases of HIV/AIDS and Right to health care; Living and working conditions of workers and right to health care; Mentally ill person and right to Health care; Biomedical Waste and Right to Health Care; Pollution and Right to health Care.
Subject(s)
Advance Directives/legislation & jurisprudence , Constitution and Bylaws/legislation & jurisprudence , Delivery of Health Care/legislation & jurisprudence , Health Care Sector/legislation & jurisprudence , Health Services Accessibility/legislation & jurisprudence , Humans , India , Legislation as Topic , Patient Protection and Affordable Care Act , Patient RightsABSTRACT
Forensic medicine is the medical specialty that is practiced at the interface with the law. It involves the assessment and interpretation in an individual who has become involved either as a suspect or victim in some form of alleged criminal action. In practice however, the role of practitioners of forensic medicine has widened to include civil jurisdictions and matters of medical ethics. Clinical Forensic Medicine is the application of forensic medical techniques to living. To address the un-met forensic needs of victims who are survivors of violent crimes and trauma there is urgent need of examination of victims of violence by a specially trained person in medicolegal matters i.e. clinical forensic physicians. In this program, the clinical forensic physicians will evaluate adult and pediatric victims of blunt and penetrating trauma, sexual and physical abuse and collect evidentiary material when indicated. In this paper the importance of Clinical Forensic Medicine Program and recommendations made by the “Survey Committee Report on Medico-Legal Practices in India, 1964” regarding its implementation are presented.