The problem of child sexual abuse in india laws, legal lacuna and the Bill - PCSOB-2011.

Child abuse is the physical or psychological maltreatment of a child, can be differentiated into four major categories, physical abuse, emotional abuse, neglect and worst of all; the sexual abuse. Child Sexual Abuse (CSA) is a kind of physical or mental violation of a child with sexual intent, usually by a person who is in a position of trust or power vis-à-vis the child. India is the second largest child population in the world, 42% of India’s total population is below eighteen years. In a shocking revelation, a Government commissioned survey has found that more than 53% of Indian children are subjected to sexual abuse / assault. Majority of these cases were perpetrated by someone known to the child or in a position of trust and responsibility, Not surprisingly, most children did not report the abuse to anyone. There is not a single law aimed at safeguarding children and protecting them against sexual abuse & assault, which is a serious lacuna against this background and is needed urgently. This paper will focus on child sexual abuse, the laws, legal loopholes, and The Protection of Children against Sexual Offences Bill, 2011.

A fatal case of copper sulfate poisoning.

Copper sulfate or ‘blue vitriol’ is commonly used as a herbicide and fungicide. It is cheap and easily available, and can also be easily prepared in the laboratory. We report a fatal case of suicidal poisoning by copper sulfate by a pregnant adult female. Although medical treatment was instituted, the fatality ensued. Histopathological examination revealed hepatosplenomegaly and evidence of septic abortion. Chemical analysis of viscera confirmed copper sulfate poisoning. This case is being reported on account of its rarity, the victim being a pregnant woman.

Fatal chemical peritonitis due to sulphuric acid ingestion.

Sulphuric acid is a strong corrosive and is widely used in laboratories, industries, and even in households. In addition to incidents of accidental poisoning, its easy availability has seen it being employed not uncommonly as a suicidal and homicidal agent. A case is presented wherein sulphuric acid was consumed to commit suicide, which ended in fatality, even though immediate and adequate medical treatment was provided.

A study of fingerprints in relation to gender and blood group.

Fingerprint evidence is undoubtedly the most reliable and acceptable evidence till date in the court of law. Due to the immense potential of fingerprints as an effective method of identification an attempt has been made in the present work to analyze their correlation with gender and blood group of an individual. This prospective study was carried out over a period of 2 months among 200 medical students (100 male & 100 female) belonging to the age group 18- 25 of Kasturba Medical College, Mangalore, India. Results show that each finger print is unique; loops are the most commonly occurring fingerprint pattern while arches are the least common. Males have a higher incidence of whorls and females have a higher incidence of loops. Loops are predominant in blood group A, B, AB and O in both Rh positive and Rh negative individuals except in O negative where whorls are more common. We can conclude that there is an association between distribution of fingerprint patterns, blood group and gender and thus prediction of gender and blood group of a person is possible based on his fingerprint pattern.

Human organ trade: Is enough being done.

In recent times, instances of illegal organ transplants are on a rise. Despite of strict regulations doctors, donors, middlemen and hospitals are indulging frequently in organ trade. Any organ transplant, if not done in accordance with transplantation of human organ act, 1994 is considered illegal in Indian law. The act permits any registered medical practitioner to transplant human organs for therapeutic purpose without any motive of financial gains, neither to the doctor not to the donor. Such procedures can be done by permission of appropriate authorization committee in any hospital, authorized by law for the purpose. Any adult healthy person can volunteer to donate tissues from his body to any needy patient; such donations can be made during ones life time if they don’t pose danger to ones life, after taking his consent or after his death (cadaveric donation) by permission of next of kin. If no consent (living will) is present, then also the legal possessors of body can allow removal, if they don’t have any reason to believe deceased’s refusal for the same. In hospital deaths, if bodies are unclaimed for 48 hrs after death then hospital can dispose the body and use the organs as directed by the deceased. Before certification of death proper diagnosis of brain stem death is to be made as per Harvard’s criteria. Live donations are exclusively made, to save the life of a patient, preferably by a near relative as defined in the act. Unrelated donations are made in inevitable circumstances, on approval by appropriate authorization authority [1]. Any transplantation which is not in accordance with transplantation of human organ act is illegal and doctor, donor as well as recipient can be punished. Punishment can be imprisonment upto 5 years and fine upto Rs. 10000/- or both. Whosoever, engages in commercial dealings in human organs is punished with imprisonment of 2-7 years and a fine of Rs. 10000 to Rs. 20000. When a doctor is convicted under the act, action is also taken by medical council. It can lead to temporary erasure of name from medical register for the 1st offence and penal erasure for subsequent one [1]. Unfortunately, even strict legislation has not deterred the offenders. Recent investigations made a shocking revelation of a village, Magadi in Bangalore rural area where people have been selling kidneys to pay their debts. This racket was traced extending to several nearby villages. Huge amount of money was being made by middle men depriving the donor of the sum assured [2]. Ignorance of law among donors, considerable monetary gains and feeling among offenders that they can easily get away from the law may be responsible for this growing menace. General awareness about the act among the masses is proposed along with a review of penal portion of the act and strict implementation of the provisions provided in the act to control illegal trade of human organs.

Profile of near drowning victims in a coastal region of Karnataka.

BACKGROUND: Drowning and near drowning are serious public health problems and an important cause of morbidity and mortality worldwide. Present study is done to understand the pattern of near drowning cases in this coastal region of Karnataka. METHODS: This hospital based retrospective research was conducted at Kasturba Hospital, Manipal in Southern India from January 1993 to December 2003. A detailed victimologic profile was made. RESULTS: Study included a total of 58 cases of near drowning. Males were predominantly affected (84.5%). Majority of the victims were aged below 10 years (39.7%). Manner was accidental in maximum (82.3%) reported cases. Incidence of fresh water drowning was more than sea water drowning. Fatal outcome was reported in 12.1% cases with maximum fatalities occurring within one to three days of hospitalization. Most of the victims witnessed respiratory complications (55.2%). CONCLUSION: Males in the first decade are at increased risk of accidental drowning. Swimming under adult supervision, immediate resuscitative measures and early medical aid is proposed.

Civil responsibilities of mentally ill.

Obligations of mentally ill persons towards society are a debated issue. We need to understand their civil and criminal rights and also the rights of society against and towards such persons. In the present paper an attempt has been made to outline the civil responsibilities of mentally ill and the related laws.

Gagging: Accidental, suicidal or religious sacrifice.

Gagging involves the obstruction across the mouth or within it. Homicidal gagging especially for infants and disabled is a known entity. Accidental cases are documented for mentally ill and young children. Suicides are rarely reported. Here, we report a case where an apparently healthy, intoxicated, elderly male died of gagging in suspicious circumstances raising doubts about an accidental or suicidal nature of death.

‘Bolam test’.

The issue of medical negligence is always debated in any medical or legal forum. There are multiple criteria to term a medical professional as negligent and one amongst them is Bolam test. In present paper the applicability of this test is discussed.

Mental health act, 1987: An analysis.

Health is defined as "the state of complete physical, mental and social well being and not merely an absence of disease or infirmity." 1 Out of three, the mental status is tricky to evaluate and is the one which actually determines other two health parameters. In our country plenty of legal orders interact with mental disorders in order to protect the interests of mentally ill, society and the state. These legislations are enacted to protect the society from dangerous manifestations of mental illness. There are guidelines regarding restrain, admission and discharge, procedures of civil and criminal action with regard to mentally ill. But do these laws discuss about proper care and treatment? Are there provisions for post discharge care and rehabilitation? In present study, an attempt has been made to discuss Mental Health Act, 1987 and suggestions to make them more fundamental.