HEALTH AND LAW
Health and law are both professional disciplines whose primary aim is to help the society. Both are closely related. It is impossible to think of a healthy modern society without a well defined legal system. Likewise, it is not possible to think of a healthy society without a modern health care system. In spite of the common goals of the two disciplines, the interface between health and law has not been properly explored. Doctors and other health professionals are often ignorant of laws that govern health care system and practices. Lawyers are often not knowledgeable about essentials of medicine, health and medical jurisprudence that might enable them to deal with cases related to these areas. Though there is an optional paper titled "Law and Medicine" in the LL.B. syllabus in India, very few law colleges offer this course to law students. Thus there is a need to educate health professionals about law and law professionals about health. Moreover, there is an urgent need to research as to how law can be used as a health intervention tool, especially through the mechanism of public interest litigation. These and other similar thoughts have prompted the launching of this web site. It aims at making available information and links about health-law related topics for use by the law professionals;the health professionals; and the social activists interested in improving the health of the society by taking recourse to law and invoking judicial activism. The focus will be on laws and health situation in India, though the international scene, especially in common law countries, will find mention whenever appropriate.
This site has been created by Dr. M.C. Gupta,M.D., M.P.H., LL.B.,currently advocate, Supreme Court of India. After graduating from the All India Institute of Medical Sciences, New Delhi, India, and obtaining postgraduate degree in internal medicine, Dr. Gupta served on its faculty for 18 years and left it as Additional Professor to join the National Institute of Health and Family Welfare, New Delhi, India, as Professor and Dean. Later, he graduated in law from the University of Delhi and got enrolled with the bar. He is a member of the Supreme Court Bar Association, New Delhi, and the Indian Law Institute, New Delhi. He has written a reference book titled "Health and Law", published in January 2002 by M/s Kanishka Publishers, New Delhi [Fax o11-3288285]. He is also President, Delhi Chapter, International Union of Health Promotion and Education [Head-quartered in Paris].
Questions, suggestions and contributions related to health-law are welcome. If you feel that a health related cause of general public interest exists and that a public interest litigation needs to be filed, please feel free to send all necessary details and documents. If the matter is of sufficient interest and bears legal scrutiny, Healthlaw will be glad to do the rest and proceed in the court of law. Also, if you feel that you are a victim of medical malpractice or medical negligence [or, in case you are a health care provider, you feel that a false case has been brought against you], please feel free to send necessary facts in case you want legal advice or help.
Send E-Mail to: healthlaw@now-india.net.in
Copyright © 2002 Dr. M.C. Gupta. All Rights Reserved