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Health legislations

Health legislations in India

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Health legislations

  1. 1. LEGISLATI ON Dr. Manju , JR, Community Medicine HEALTH
  2. 2. Contents  Introduction  Characteristics of Public health law  Categories of health legislation  Details of few important health legislations  Problems With public health laws  Suggested approaches  New approaches  References
  3. 3. Introduction  The core of public health depends on law and science. The law has to prohibit individual who create the situation for others suffering.  The public health actions are not intended to punish, but to improve and to monitor the health status in the community. Law :-  The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legal powers or of customs and policies recognized and enforced by judicial decision.
  4. 4. Introduction Legislation:-  Process or act of making law by the legislative body or governing body in a country. Bill:-  Draft statute which becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the forms of Bills. Act :-  A law adopted (enacted) by a national or state legislative or other governing body. Rules :-  Are explicit statements that tell an employee what he or she ought or ought not to do.
  5. 5. Public health law  The study of the legal powers and duties of the state to assure the conditions for people to be healthy, and the limitations on the power of the state to constraint  the autonomy, privacy, liberty, or  other legally protected interests of the individual for protection or promotion of community health
  6. 6. Characteristics of Public health law Government  Creates policies and enacts laws and regulations designed to safeguard community health. Population  Public health authorities are concerned with access and quality in medical care, but their principal concern is to create the conditions in which communities can be healthy. Relationships  Public health laws contemplate the relationship between the State and individuals who place themselves or the community at risk
  7. 7. Characteristics of Public health law Services  Public health laws deal with the provision of population based services grounded on the scientific methodologies of public health. Coercion  Public health authorities possess the power to coerce individuals and businesses for the protection of community rather than relying on a near universal ethic of voluntarism.
  8. 8. Categories of health legislations  Public registration to assess mortality and enumeration of population i. The Census Act 1948 ii. The Registration of Births and Deaths Act 1969  Legislation related to control of epidemics The Epidemic Diseases Act 1897 Indian Air Craft (Public Health) Rules 1975
  9. 9.  To improve and maintain high standards in the medical education and services The Indian Medical Council Act 1956 and Regulation 2002 The Indian Nursing Council Act 1947 The Dentists Act, 1948 The Pharmacy Act, 1948 The Consumer Protection Act (COPRA) 1986 Categories of health legislations
  10. 10. Categories of health legislations  To prevent drug addiction and substance abuse and safe manufacturing of drugs, distribution and storage The Narcotic Drugs and Psychotropic Substances Act 1985 The Cigarettes and Other Tobacco Products Act (COTPA) 2003 The Drugs and Cosmetics Act 1940 The Drugs & Magic Remedies Act 1948
  11. 11. Categories of health legislations  For women empowerment and health The Medical Termination of Pregnancy (MTP) Act 1971 The Maternity Benefit Act 1961 Domestic Violence Act 2005 Indecent Representation of Women (Prohibition) Act 1986 The Dowry Prohibition Act 1961 The Immoral Traffic (Prevention) Act 1956 The Pre Conception & Prenatal Diagnostic Technique Act 1994 (amended in 2003)
  12. 12. Categories of health legislations  For child protection and Health The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992 The Child Labor (Prohibition and Regulation) Act 1986 The Child Marriage Restraint Act 1929 The Juvenile Justice (Care and Protection of children) Act 2000
  13. 13. Categories of health legislations  For welfare of Older Persons Maintenance and Welfare of Parents and Senior Citizens Act 2007  For welfare rehabilitation of disadvantaged The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995 The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation And Multiple Disabilities Act 1999 And Rules 2000 The Mental Health Act 1987
  14. 14. Categories of health legislations  Occupational Health and legislation The Factories Act 1948 The Mines Act 1952 The Employees State Insurance (ESI) Act 1948 The Workmen’s Compensation Act 1923 The Minimum Wages Act 1948 The Dangerous machine (Regulation) Act 1983 The Bonded Labor System (Abolition) Act 1976 The unorganized Sectors Worker’s Social Security Act The plantation Labor act 1951
  15. 15. Categories of health legislations  Environmental Health legislations The Environment (Protection) Act 1986 The Biomedical Waste (Management and Handling) Rules 1998 The Municipal Solid Waste (Management and Handling) Rules 2000 The Hazardous Waste (Management and Handling) Rules 1989 The Motor Vehicle Act 1988 The national environment Tribunal Act 1995
  16. 16. Categories of health legislations  Legislation related to other public health problems The Transplantation of Human Organ Act 1994 Food safety and standard Act 2006 The Protection of Human Rights Act 1993 The Disaster Management Act 2005
  17. 17. Categories of health legislations 1. To protect the rights of health and improve the health of nation in comprehensive manner 1. National Health Bill 2009
  18. 18. The Epidemic Disease Act,1897  An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases.  The Act provides power to exercise for the control and to prevent any epidemic or spread of epidemic.  The states may authorise any of its officers or agency to take such measures.  Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence  If such disobedience causes or tends to cause obstruction, annoyance or injury- simple imprisonment upto 1 month or with fine upto 200 Rs, or with both; danger to human life, health or safety, a riot -imprisonment upto 6 months, or with fine upto 1000 Rs., or with both.
  19. 19. The Indian Medical Council Act 1956 and Regulation 2002  The Medical Council of India (MCI) is a statutory body with the responsibility of establishing and maintaining high standards of medical education and recognition of medical qualifications in India.  It registers doctors to practice in India, in order to protect and promote the health and safety of the public by ensuring proper standards in the practice of medicine.  MCI body was disbanded in May 2010.  The MCI is currently run by a Board of Governors with seven members.
  20. 20. The MTP Act , 1971 Aims  to prevent large number of unsafe abortions  Legalizes abortion services  Promotes access to safe abortion services to women  De-criminalizes the abortion seeker  Protection to medical practitioners who otherwise would be penalized under the Indian Penal Code (sections 315-316).
  21. 21. The MTP Act , 1971 When can pregnancies be terminated?  Up to 20 weeks gestation  With the consent of the women.  If the women is below 18 years or is mentally ill, then with consent of a guardian  With the opinion of a registered medical practitioner, formed in good faith, under certain circumstances  Opinion of two RMPs required for termination of pregnancy between 12 and 20 weeks
  22. 22. The MTP Act , 1971 Indications :- 1. Therapeutic: Continuation of pregnancy constitutes risk to the life or grave injury to the physical or mental health of woman 2. Eugenic: Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped 3. Humanitarian: Pregnancy caused by rape 4. Social: 1. Contraceptive failure in married couple 2. When economic and social environment is not suitable for continuation of pregnancy 5. When pregnant woman is mentally not sound.
  23. 23. The MTP Act , 1971 Place for conducting MTP :-  A hospital established or maintained by Government or  A place approved for the purpose of this Act by a District-level Committee Who can perform?  A registered medical practitioner (RMP)  Who has such experience or training in Gynaecology and Obstetrics as prescribed by Rules made under the Act
  24. 24. The MTP Act , 1971 Training requirement :-  For termination up to 12 weeks:  A practitioner who has assisted a registered medical practitioner in performing 25 cases of MTP of which at least 5 were performed independently in a hospital established or maintained or a training institute approved for this purpose by the Government
  25. 25. The MTP Act , 1971 For termination up to 20 weeks  A practitioner who Holds a post-graduate degree or diploma in Obstetrics and Gynecology Has completed six months house job in Obstetrics and Gynecology Has at least one-year experience in practice of Obstetrics and Gynecology at a hospital which has all facilities Registered in state medical register immediately before commencement of the Act, experience in practice of Obstetrics and Gynecology for a period not less than 3 yrs.
  26. 26. The MTP Act , 1971 Punishment:-  Penalty of two to seven years in prison if termination performed by a non- registered medical practitioner.  Same penalty applies to those who perform abortions outside of hospitals or other approved locations
  27. 27. The Narcotic Drugs And Psychotropic Substances Act, 1985  Under the NDPS Act, The cultivation, production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, inter-State movement, transshipment and import and export of narcotic drugs and psychotropic substances is prohibited, except for medical or scientific purposes and in accordance with the terms and conditions of any license, permit or authorization given by the Government
  28. 28. The Narcotic Drugs And Psychotropic Substances Act, 1985  It extends to the whole of India  It applies also- to all citizens of India outside India; to all persons on ships and aircrafts registered in India.  The Narcotics Control Bureau (NCB) is the chief law enforcement and intelligence agency of India responsible for fighting drug trafficking and the abuse of illegal substances
  29. 29. The Narcotic Drugs And Psychotropic Substances Act, 1985 Quantity Rigorous imprisonment Fine Small quantity upto 6 months, or upto Rs. 10,000 with both Lesser than commercial quantity but greater than small quantity upto 10 years and upto Rs.1 lakh Commercial quantity 10 – 20 years and Rs.1 – 2 lakh Punishment:- based on the quantity of the banned substance
  30. 30. The Consumer Protection Act (Copra), 1986 Objectives :-  Better protection of interests of consumers  Protection of rights of consumers  Consumer Protection Councils  Quasi – judicial machinery for speedy redressal of consumer disputes.  (A quasi-judicial body is an entity, generally of a public administrative agency, which has powers and procedures resembling those of a court of law or judge, and which is obligated to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and may affect the legal rights, duties or privileges of specific parties)
  31. 31. The Consumer Protection Act (Copra), 1986  Under this Act, a complaint means any allegation in writing in regard to any of the following: A loss or damage as a result of any unfair trade practice adopted by any trader; The goods/service suffer from defects. A trader has charged for the goods, a price in excess of the price which is fixed by the law or displayed on the goods.  Doctors were like any other providers of service, and therefore are under the same obligation to compensate the patient for any deficiency in the quality of their services.  But doctors in charitable clinics or government hospitals who are rendering free services are exempted.
  32. 32. The Consumer Protection Act (Copra), 1986  If the Cost of the Services and compensation asked for, is less than Rs. 2 lakh, then the complaint can be filed in the District Forum. Rs. 2 lakh- 20 lakhs - the State Commission and for higher amount - the National Commission at New Delhi.  There is no court fee and the consumer does not have to go through lawyers
  33. 33. The Environment (Protection) Act 1986  General law on environmental protection  cover uncovered gaps in the areas of major environmental hazards as the previous laws generally focused on specific types of pollution.  Applicable to whole India, including J & K Objectives:-  Protection and improvement of environment.  Safeguards the forest and wildlife of the country.  Empowers the Central Government to establish authorities and to tackle specific environmental problems.
  34. 34. The Environment (Protection) Act 1986 contravenes any of the provisions of the Act Punishment Any person 1st time With imprisonment upto 5 years, or fine upto 1 lakh rupees, or with both In case of failure or subsequent contravention Additional fine which may extend to 5000 Rs/day If the failure or contravention continues beyond 1year after conviction, Imprisonment for a term which may extend to 7 years. company or govt. departments Person directly in charge or Head of the department shall be deemed to be guilty
  35. 35. The Mental Health Act , 1987 Objectives :-  To establish central and state authorities for licensing and supervising the psychiatric hospitals.  To provide for the custody of mentally ill persons who are unable to look after themselves and are dangerous for themselves and or, others  To protect the society from dangerous manifestations of mentally ill.  To regulate procedure of admission and discharge, on voluntary basis or on request.  To safeguard the rights of these detained individuals.
  36. 36. The Mental Health Act , 1987  To provide for the maintenance charges of mentally ill persons undergoing treatment in such hospitals.  To provide legal aid to poor mentally ill criminals at state expenses.  Patients requesting discharge- are obliged to be done so by the MO I/C within 24 hours; after constituting a Board of two medical officers and seeking their opinion.  If further treatment needed – continue it for a period not exceeding 90 days at a time
  37. 37. The Infant Milk Substitutes, Feeding Bottles And Infant Foods (Regulation Of Production, Supply & Distribution) Act, 1992 (Amended in 2003) Aim :-  protection and promotion of breast feeding and  ensuring the proper use of Infant Foods. Provisions :-  No person shall advertise, take part in promotion of use or sale, supply of or donate or distribute infant milk substitutes or feeding bottles, or give an impression or create a belief in any manner that feeding of infant milk substitutes is equivalent to or better than mother's milk.
  38. 38. The IMS Act, 1992  Container of infant foods and milk substitutes must affix label clearly written in local language that "Mother's milk is best for your baby" "Should be used only on the advice of a health worker“ & "a warning sign if used replacing mother's milk".  No picture of baby or mother shall be depicted on the containers.  Beside this all about manufacturing date, batch number, expiry date, compositions, etc. should also be written.
  39. 39. The IMS Act, 1992  All educational material whether audio, or visual shall contain the content of benefits and superiority of breast feeding.  No person other than health workers or institutions will demonstrate the need and feeding of milk substitute.  Food inspector working under Prevention of Food Adulteration Act or any authorised person shall be responsible for inspection or seizing activities if he/she finds that there is violation of this Act.
  40. 40. The IMS Act, 1992 Imprisonment Fine Violation of act by any person Upto 3 years, or Upto 5000 Rs. or with both Label on container or quality of infant milk substitute, feeding bottle and infant food 6 month- 3 years and at least Rs.2000. Penalty:-
  41. 41. The Preconception And Prenatal Diagnostic Techniques (Prohibition Of Sex Selection) Act, 1994 Aim :- Prohibition of sex selection, before or after conception Regulation of the use of prenatal diagnostic techniques Provisions :- No genetic counselling centre, genetic clinic or medical geneticist, gynaecologist or registered medical practitioner shall conduct such test unless specified by the Central Supervisory Board at a place other than a place registered under the Act.
  42. 42. The Preconception And Prenatal Diagnostic Techniques (Prohibition Of Sex Selection) Act, 1994 In following conditions these test can be conducted in a pregnant woman :- Age above 35 years; Undergone two or more spontaneous abortions or fetal loss; Exposed to potentially teratogenic agents Family history of mental retardation or physical deformities such as spasticity or any other genetic diseases; and Any other disease specified by the Central Supervisory Board.
  43. 43. The Preconception And Prenatal Diagnostic Techniques (Prohibition Of Sex Selection) Act, 1994  No test will be conducted on the willingness of husband or without written informed consent of the woman.  Even any advertisement or publication on these facilities is an offense.  No person shall sell ultrasound or any other machine or equipment capable of detecting sex of the fetus to any person or centre that is not registered under the act.
  44. 44. The Preconception And Prenatal Diagnostic Techniques (Prohibition Of Sex Selection) Act, 1994 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)
  45. 45. The Transplantation Of Human Organs Act, 1994 Aim :-  For regulating the removal of organs from cadavers and living person & prohibiting commercial dealings in human organs. Provisions :-  Any person more than 18 years or parents in case of less than 18 years authorises the removal, before his death, of any human organ of his body.  Any written authority given before his death or willingly given authority to any of his near relatives, can be accepted.
  46. 46. The Transplantation Of Human Organs Act, 1994  Before removal of body organs, a registered medical practitioners should certify that life or brain-stem function have ceased.  A dead body lying in a hospital or prison and not claimed by any of the near relatives within 48 hours from the time of the death of concerned person, the person incharge or any other authorised person who strongly believe that body will not be claimed, can authorise for removal of body organs.  No hospital or place is authorised to remove the human organs unless appropriate authority like state or central government authorises and register it.
  47. 47. The Transplantation Of Human Organs Act, 1994 Considered as an offence :-  Any illegal supply or giving commitment or publishing / advertisement to supply of human organs  Giving human organs on payment by an individual or society, or organisation, or agent. Punishment :-  Imprisonment 5 -10 years and Fine 5 - 20 lakhs  Removal of name of doctors from MCI or state council register for 2 years for 1st conviction, and permanently on subsequent conviction
  48. 48. The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995 Aims and objectives:-  To spell out the responsibility of the state towards the - prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities;  To create a barrier free environment;  To counteract any situation of abuse and exploitation of persons; and  To make special provision of the integration of persons with disabilities into the social mainstream.
  49. 49. The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995 Salient features:  Free education in an appropriate environment till 18 years of age.  The grant of scholarship to students with disabilities.  Promoting the integration of students with disabilities in normal schools.  Promoting setting up of special schools in government and private sector  Transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools.
  50. 50. The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995  Setting up of appropriate forums for the redressal of grievances.  At least 3% of vacancies in every government establishment are to be reserved for persons with disabilities  Preferential allotment of land at concessional rates for:- Housing, Setting up business Setting up special recreational centres Establishment of special schools or research centres  Those who avail or attempt to avail benefit meant for disabled in a fraudulent manner are punishable with imprisonment upto 2 years or a fine up to 20,000.
  51. 51. The Juvenile Justice (Care and Protection of children) Act 2000  State primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected  The Convention on the Right of child lays down four sets of rights:- The Right to Survival The Right to Protection The Right to Development The Right to Participation
  52. 52. The Juvenile Justice (Care and Protection of children) Act 2000 This Act places children/juveniles in two categories : 1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile Boards’ 2. Child in need of ‘care and protection’ to be looked after by State Governments/ ‘Child Welfare Committees’  An Act to consolidate and amend the law relating to juveniles in conflict with law Protection and treatment Child-friendly approach. Rehabilitation Institutions established.
  53. 53. The Juvenile Justice (Care and Protection of children) Act 2000 JUVENILE JUSTICE BOARD :  Appointed by the State Government.  Panel of Metropolitan Magistrate or Judicial Magistrate of the first class. Two social workers of whom at least one shall be a women.  Magistrate to have special knowledge or training in child psychology or child  Inquiry to be completed within 4 months
  54. 54. The Juvenile Justice (Care and Protection of children) Act 2000 Order that may be passed regarding juvenile.-  Counsel parents/ guardian;  Advise the child: by group counseling and similar activities  Payment of fine, (>14 yrs age)  Release on probation of good conduct, and place under care of parent/ guardian or other fit person or fit institution.  Direct the juvenile to be sent to a Special Home
  55. 55. The Juvenile Justice (Care and Protection of children) Act 2000 Order that may not be passed against juvenile:  Juvenile Cannot be sentenced to death/life imprisonment/committed to prison.  Cannot be charged with/tried for offence with an adult.  Prohibition of publication of name, etc., of juvenile involved in any proceeding
  56. 56. Cigarettes and Other tobacco products Act, 2003  Cigarettes and Other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003  Applicable to all products containing tobacco in any form i.e. cigarettes, cigars, cheroots, bidis, gutka, pan masala (containing tobacco) khaini, mawa, mishri, snuff etc. as detailed in the schedule to the Act.  The Act prohibits smoking of tobacco in public places, except in special smoking zones in hotels, restaurants and airports and open spaces.
  57. 57. Cigarettes and Other tobacco products Act, 2003  Display of prominent non smoking signs e.g. “Smoking here is strictly prohibited” is mandatory at all public places.  Sale of tobacco products is prohibited to persons under the age of 18 years and within a radius of 100 yards of any educational institution.  A display board to be put up at the point of sale declaring that “sale of tobacco products to minors is prohibited”.  Prohibition of Advertisement, Promotion and Sponsorship of all Tobacco Products
  58. 58. Cigarettes and Other tobacco products Act, 2003  Tobacco products must be sold, supplied or distributed in a package which shall contain an appropriate pictorial warning, (of a skull or scorpion or certain prescribed pictorial warnings along with the text SMOKING KILLS and TOBACCO CAUSES MOUTH CANCER) its nicotine and tar contents.
  59. 59. Cigarettes and Other tobacco products Act, 2003  Warning signs and labels - in English or any other Indian language.  Required to cover 40% of the front of all cigarette packages, meaning 20% of the overall package space is appropriated to health warnings.  Any police officer, not below the rank of Sub-Inspector or (any other officer, holding the equivalent rank or authorized by the Central/State Governments) has the power to search, seize and compound offences.
  60. 60. Cigarettes and Other tobacco products Act, 2003 Offence Punishment Smoking in a public place To the individual offender Upto Rs. 200/- To owner, manager or authorized officer Fine equivalent to no of offences in public place Advertisements 1st offence 2 years/ Rs. 1000 2nd offence 5 years/ Rs 5000/- Sale to minors & around educational institute Upto Rs. 200/- Sale without specified health warnings on packages Manufacture: 1st offence: 2nd offence 2 years/ Rs. 5000 5 years/ Rs 10, 000/- Selling/ Retailing: 1st offence: nd 1 year/ Rs. 1000/-
  61. 61. Protection of Women from Domestic Violence Act 2005  The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included.  Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Act.
  62. 62. Protection of Women from Domestic Violence Act 2005  "Domestic violence" includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic.  Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.  The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household.
  63. 63. Protection of Women from Domestic Violence Act 2005  Appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc.  The Act provides for breach of protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to 1 year or with fine which may extend to 20,000 rupees or with both.  Similarly, non-compliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.
  64. 64. The Disaster Management Act 2005  The Act extends to the whole of India.  The Act provides for "the effective management of disasters and for matters connected therewith or incidental thereto”.  The Act calls for the establishment of National Disaster Management Authority (NDMA), with the Prime Minister of India as chairperson.  The NDMA is responsible for "laying down the policies, plans and guidelines for disaster management" and to ensure "timely and effective response to disaster".
  65. 65. The Disaster Management Act 2005 Offence Punishment obstruction 2 years. false claim 2 years, and fine Misappropriation of money or materials 2 years, and fine False warning 1 year or with fine. Failure of officer in duty 1 year or with fine
  66. 66. Food Safety And Standards Act, 2006  Act consolidates the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, and to ensure availability of safe and wholesome food for human consumption
  67. 67. Food Safety And Standards Act, 2006 Following acts were repealed after commencement of this act Prevention of Food Adulteration Act, 1954 Fruit Products Order, 1955 Meat Food Products Order, 1973 Vegetable Oil Products (Control) Order, 1947 Edible Oils Packaging (Regulation)Order, 1988 Solvent Extracted Oil, De-Oiled Meal and Edible Flour (Control) Order, 1967 Milk and Milk Products Order, 1992 The Act establishes an independent statutory Authority – the Food Safety and Standards Authority of India with head office at Delhi
  68. 68. Food Safety And Standards Act, 2006
  69. 69. Maintenance and Welfare of Parents and Senior Citizens Act 2007  The act defines senior citizen as any citizen of India aged 60+, whether living in India or not.  Every Senior Citizen who is unable to maintain himself from his own income, can claim maintenance from his children.  A childless Senior Citizen can claim maintenance from his relative who is in possession of, or would inherit his property.  State Governments are to constitute “Maintenance Tribunal” at Sub Divisional Level.  State Governments have designate the District Social Welfare Officer or an equivalent officer as Maintenance Officer, who can then represent a parent, on request, before a Maintenance or Appellate Tribunal.
  70. 70. Maintenance and Welfare of Parents and Senior Citizens Act 2007  Maintenance Tribunal can award up to Rs. 10,000 per month as maintenance allowance payable to the senior citizen by his child/relative.  They’ve to give judgment in 90 days.  If child/relative is neglecting the senior citizen after getting his property, then Tribunal Appeal can declare such property transfer null and void and return it to the senior citizen.  Abandonment of a Senior citizen is punishable with imprisonment up to 3 months and or Rs. 5000
  71. 71. National Health Bill 2009 The Bill had listed the obligations of the Central and State governments in healthcare delivery and also the individual rights. It would also have made healthcare delivery far more transparent, accountable and inclusive. Aim :-  protection and fulfilment of rights in relation to health and wellbeing,  health equity and justice, including those related to all the underlying factors of health as well as health care;  and for achieving the goal of health for all; and for matters connected therewith.
  72. 72. National Health Bill 2009 Important Features :- Right to Healthcare Good treatment Emergency Care Patient Complaints Name of doctor involved in treatment Summary & Second Opinion Cost of Treatment Rights of healthcare providers
  73. 73. Problems With public health laws  Lack of awareness  Social aspects  Implementation problem  Improper reporting  Long time is taken in prosecution  Practical problem :- Like in case of PC & PNDT Act, it is difficult to get proof for determination of sex because only mother and person performing the techniques knows if sex determination has been done and none of them admits.  Widespread corruption
  74. 74. Problems With public health laws  Problems of antiquity, inconsistency, redundancy, and ambiguity rendering these laws ineffective, or even counter productive, in advancing the population’s health.  Complex language of Acts
  75. 75. Suggested approaches  An approach to rectify these problems in public health law should reform laws so that they confirm with modern scientific and legal standards and more uniformly addressed different health threats.  In this regard, it is desirable to develop a public health law programme designed to improve the scientific understanding of the interaction between law and public health and to strengthen the legal foundation for public health practice.  Strengthening of awareness activities.
  76. 76. New approaches  National Legal Literacy Mission :-  Launched on March 2005  Initiated by National Legal Services Authority (NALSA) endeavor to empower the economically and socially disadvantaged citizens by making them legally literate Objectives:  To promote awareness and redress social and economic imbalances  To ensure land rights, providing legal aid to the needy  To promote social consciousness with respect to gender equality, social justice, environmental protection, human security and human development
  77. 77. References  Kishore J. National Health Programs of India. National Policies and legislations Related to Health. 10th edition. New Delhi.  Govt. of India. The infant milk substitutes, feeding bottles and infant food (Regulation of Production, Supply & Distribution) Act 1992 (No. 41 of 1992).  Govt. of India. The narcotic drugs and psychotropic substances act, 1985. (61 of 1985)  Govt. of India. Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.  The protection of women from domestic violence act, 2005 (43 of 2005)  Ministry Of Law And Justice. Food safety and standards act, 2006 (34 of 2006)  The pre-natal diagnostic techniques (Regulation and prevention of misuse) act, 1994 (57 OF 1994) Amendment act, 2002 (No.14 of 2003)  Ministry Of Law And Justice. The mental health act, 1987 .New Delhi,1987