PUBLIC HEALTH LAWS

IN INDIA
Moderator : Prof Dr.O.P Panigrahi

Presented by
Dr.Surendra Babu (Pg 2nd yr)

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Introduction
Definition :Public health laws is the study of the legal powers and
duties of the state to assure the conditions for people to be healthy (to
identify ,prevent & ameliorate risks to health in the population )and
the limitations on the power of the state to constraint the autonomy,
privacy, liberty ,proprietary or other legally protected interests on the
individual for protection or promotion of community health.

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Characteristics of public health law :
Govt : Public health is primary responsibility of the government
Population: Create the conditions in which communities can be
health.
Relationship: Between state and population
Services : Deals with the provision so population based services
grounded on the basis on the scientific methodologies.
Coercion: Authorities possess a power to force individuals and
businesses for the protection of the community

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To Improve and Maintain high standards in Medical Education
and services:

Indian medical council act, 1956 and regulations 2002

Indian Nursing council act, 1947
Dentist Act,1948
Pharmacy Act,1948
Homeopathy central council act, 1973

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Public Registration to Assess Mortality and Enumeration of population :

Registration of Births and Deaths Act, 1969

Census Act, 1948

To Prevent Public Health Problems:

Epidemic Diseases Act, 1897
Food safety and standards act, 2006

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To Achieve Maternal Health and to Empower the Women:

MTP Act,1971
Maternity Benefit Act, 1961
Dowry Prohibition Act, 1961
Immoral Traffic Act, 1956
PCPNDT act, 1994

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To safeguard Children and young:
Juvenile Justice Act, 2000
Child Labour Act, 1986

To Rehabilitate and Provide equal opportunities to disabled

and disadvantageous groups:
Persons with disabilities Act,1995
Mental Health Act, 1987
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To Prevent Drug Addiction and Substance Abuse and Safe Manufacturing of
Drugs:
Narcotic Drugs and Psychotropic Substances Act,1985
Drugs and cosmetics Act, 1940
Drugs Act,1948
COTPA act 2003

To Protect Workers and Provide Social Security:

Factories Act,1948
Mines act, 1952
ESI Act , 1948
Workmens Compensation Act, 1923

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CHAPTERS DESCRIBED IN INDIAN MEDICAL COUNCIL
ACT, 1956

Code of medical ethics

Duties of a physician
* to their patients
* in consultation
* to the public and to paramedical profession
Responsibilities to each other
Unethical acts & Misconducts

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CODE OF MEDICAL ETHICS

1. Qualified in modern system of medicine only.

2. Update knowledge and skills, CME

3. Maintain medical records, medical certificate register

4. Display details

5. Observance of sanitary laws and regulations

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DUTIES OF A PHYSICIAN
* TO THEIR PATIENTS

In case of emergency treat or refer to appropriate physician

Information revealed in confidence to be kept secret

Never exaggerate or minimize the gravity of a situation

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 DUTIES OF A PHYSICIAN IN CONSULTATION

Consultation only when justifiable & in the interest of patient

Laboratory tests to be carried out judiciously
Punctuality
Never criticize referring physician
Communicate opinion in writing to referring physician

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DUTIES OF A PHYSICIAN
* TO THE PUBLIC AND TO PARAMEDICAL PROFESSION

Enlighten public regarding quarantine regulations and measures for

prevention of epidemic

Notify concerned authorities in accordance with laws, regulation and

rules

Recognize and promote practice of different paramedical services

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 UNETHICAL ACTS & MISCONDUCTS

Advertisement
Association
Alcoholism
Abortion
Human rights violation
False certification
Breach of confidence
Not taking appropriate consent of patient
Falsification of degrees
Violation of guidelines while conducting research
Found absent from position at place of work
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 Indian Medical council Act, 1956,
Amendments in 2010
No person shall establish a medical college or start any medical course

The medical qualification granted by approved university shall be recognised

The council appoints registrar to maintain Indian medical register

Enrolled medical doctor can held office as physician or surgeon ,practice

medicine in any state.

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Indian nursing council act ,1947
The act is aimed to regulate uniform standard of training for nurses, midwifes
,and health visitors

Any person may enrol in register who has recognised qualification

Any institution engaged in training ,and distribution of nursing diploma or

degree have to submit information time to time

Inspecting body shall submit report regarding standards and adequacy of

resources to council
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The Registration of Births
and Deaths Act, 1969
Uniform law across the country on the registration of
births and deaths

Reporting and registration of all births and deaths

compulsory

Registrar General, India to coordinate and unify the

implementation of the Act
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The channel of collection and sending
information
Village level-local registrar
(drawn from panchayat ,police station ,health or revenue department )

Taluka /urban level local registrar

( municipal /corporation health officer )

District level- District registrar

(for each district )

State level Director of health services

(chief registrar for the state )

National level Registrar General of india

Minestry of home ,newdelhi 18
 Responsibility to report births/deaths
Place of occurrence of birth/death Responsibility to report

House Head of the household

Hospital nursing home, etc Head of the institution

Public places Police

The information regarding occurrence is to be supplied within 21 days in both

events of birth and death.

In case of delays more than 30 days but within a year an affidavit is required
from notary public with late fee i.e. One rupee per day.

For registration of events beyond one year, order from class 1 officer/magistrate
is necessary.
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 THE EPIDEMIC DISEASES ACT,
1897
The Act provides power to exercise for the control and to prevent any epidemic
or spread of epidemic in the States or Country.

The states may authorise any of its officers or agency to take such measures if
the state feel that the public at large is threaten with an outbreak of any
dangerous epidemic.

Person who is inspecting, is empowered to determine about the process and

authority to take responsibility of all expenses incurred in compensation,
travelling, temporary accommodation, segregation of infected person, etc.

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 The state govt. can authorise the District Magistrate who can take any number of
vehicles needed to carry man and equipment to and fro or transporting infected
persons during an epidemic.

State or central govt may take measures & prescribe regulations for inspection of
any ship or vessel leaving or arriving at any port in the territories

Violation of any provision of this act is punishable under Sec 188 of IPC.

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 Food Safety & Standards Act, 2006
Food safety and standard act is to consolidate the laws relating to food and to establish
the food safety and standards in India
Establishment of food safety authority

The members include GOI officials

Representatives from the
Food Industry (2),
Consumer Organizations (2),
Eminent Food Technologists / Scientists (3),
State Governments (5),
Farmers Organization (2) and
Retailers Organization (1).
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Prevention of food adulteration -Act Sections
Sec 2(1) a-m defines What Food Adulteration is?

Sec 2 Misbranded food

Sec 7 Prohibition of manufacture, sale etc of certain articles of food

Sec 14 Manufacturers, distributors and dealers to give warranty.

Sec 14A Vendor to disclose the name of the person from whom the article was
purchased

Sec 15 Notification of Food poisoning

Sec 16 Penalties Subject to provisions of sub-sections 1-A

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Sec 19 Defenses which may or may not be allowed in prosecutions under the
Designated Officer:
District-in-charge for Food Safety
To issue/cancel license of Food Business Operator
To receive report and samples food from Food Safety Officer.
To make recommendation to Food Safety Commissioner for
sanction to launch prosecutions.

Food Safety Officer:

For local areas
To seize the samples
Inspection of food processing premises

Power of search, seizes, investigation, prosecutions .

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 Penalties:
Substandard food: Upto Rs. 2.00 lakhs
Misbranded: Upto Rs. 3.00 lakhs
Misleading advertisement : Upto Rs. 10.00 lakhs
Food with extraneous matter: Upto Rs. 1.00 lakhs
Fail to meet the requirements as directed by FSO: Upto Rs. 2.00 lakhs
Unhygienic / unsanitary preparations: Upto Rs. 1.00 lakhs
Adulterant not injurious to health: Upto Rs. 2.00 lakhs
Adulterant injurious to health: Upto Rs. 10.00 lakhs
Unsafe food but does not cause immediate injury : 6 months imprisonment with
fine of Rs.1.0 lakh

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 Penalties:
Unsafe food causing non-grievous injury :1 year imprisonment with fine of Rs.
3.00 lakh

Compensation in case for injury : up to Rs.1.00 lakh

Causing grievous injury : 6 years imprisonment with fine of Rs. 5.00 lakh
Compensation in case for grievous injury : up to Rs.3.00 lakh

Causing death : 7 years or life imprisonment and fine of Rs. 10.00 lakh

Compensation in case of death : up to Rs. 5.00 lakh minimum

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 MTP ACT 1971
This law provides liberalized conditions for women to seek abortion and for
doctors to do it

Indications:
Therapeutic :Continuation of pregnancy endanger the life of women or grave
injury to her physical or mental health
Social :Contraceptive failure in married couple
Humanitarian reasons: pregnancy caused by rape
Eugenic reasons :

When pregnant women is mentally not sound 27

MTP rules: Who can perform?
MTP can be done by registered medical practitioner

have undergone 6months houseman ship or 3years postgraduate

training in obstetrics & gynaecology

Who have conducted 25 cases of MTP in approved institution

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MTP rules
MTP can be conducted in hospital/nursing home/centres approved by govt

Termination of pregnancy by unregistered person or unregistered place shall be an

offence

Termination of pregnancy by RMP under certain conditions where it is done in

good faith & to save life of pregnant women is not considered as an offence.

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PRE-CONCEPTION AND PRE-NATAL
DIAGNOSTIC TECHNIQUES (PCPNDT)
ACT
Made in 1994

Regulates and prevents misuse of the diagnostic techniques.

Amended again in 2003.

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 Aim
Prohibition of sex selection,

Regulation of pre-natal diagnostic techniques for the purposes of

detecting-
Genetic abnormalities or

Metabolic disorders or

Chromosomal abnormalities or

Certain congenital malformations or

Sex-linked disorders

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When its becomes an offence ?
Service provider violating the Act.
Service seeker (woman compelled to undergo the test is not punishable).
Advertiser of these techniques.

Complaints procedure
Written complaint to Appropriate Authority.
Authority to act within 15 days.
Delayed action to be addressed through judiciary.

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An offence under the PCPNDT Act is cognizable, non-
bailable and non-compoundable.

First offence Subsequent offence

Service Imprisonment (3yrs.) penalty Imprisonment (5yrs.) penalty

provider (Rs.10000); registration cancelled (Rs.50000) registration
(5 yrs.) cancelled (permanently.)

Service Imprisonment (3 yrs.) penalty (Rs. Imprisonment (5 yrs.) penalty

seeker 50000) (Rs. 100000);

Advertiser Imprisonment (3 yrs.) penalty (Rs.

10000)
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 THE MATERNITY BENEFIT ACT
1961
To protect and empower women as workers
To prevent unfair unemployment practices and exploitation of
women in labor market and to safeguard the health and wellbeing of
the mother and child

every factory or establishment in which 10 or more persons

employed on any day of the preceding twelve months.

Eligibility for Maternity Benefit: Has to work for 80 days in the

preceding 12 months immediately preceding the date of her expected 34
delivery.
 Maternity benefit is paid at the rate of the average daily wage for the

period of her actual absence.

Eligible for 12 weeks maternity benefit of which not more than six weeks
shall precede the date of her expected delivery.

Nursing breaks Two times in the course of daily work

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 2 weeks leave with wages for tubectomy and two weeks immediately
following the day of an tubectomy.

One months leave with wages at the rate of maternity benefit for one month
for miscarriage, MTP or tubectomy operation.

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IMMORAL TRAFFIC(PREVENTION) ACT
This act is to prevent and prohibit prostitution
Definition : sexual exploitation or abuse of a person for commercial
purposes
Any person who keeps or manages or acts or assisting in the keeping
or management of brothel shall be punishable
First offence Subsequent offence

Imprisonment 1 to 3 years >2 to 5 years

Fine Up to Rs 2000 > Rs 2000

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CHILD LABOUR ACT (1986)
To prohibit the engagement of children in certain employments and to
regulate conditions of work of children in other employments

Objectives: No child shall be employed or permitted to work in any of

the following occupations: Set forth in part of A of the schedule or in
any workshop where in any of the process set forth in part B of the
schedule to this Act -

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 Child Labor Act 1986(Prohibition & Protection)
PART-A
1. Transport of passengers, goods; or mails by railway

2. Cinder picking, clearing of an ash pit or building operation in the railway

premise.

3. Work in a catering establishment at a railway station, involving the

movement of vendor or any other employee of the establishment from
one platform to another or into or out of a moving train.

4. Work relating to the construction of railway station or with any other

work where such work is done in close proximity to or between the
railway lines.

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 PART B
In any workshop wherein any of the following processes is
carried on.

(1) Bidi-making.
(2) Carpet-weaving.
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving.
(5) manufacture of matches, explosives and fire works.
(6) Mica-cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(9) Wool-cleaning.
(10) Building and construction industry.

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 HOURS AND PERIOD OF WORK FOR CHILDREN:

The period of work on each day shall be so fixed that no child shall work for
more than three hours before he has had an interval for rest for at least one
hour.
No child shall be permitted or required to work between 7 P.m. and 8 a.m.
No child shall be required or permitted to do work overtime.

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Weekly holidays
Every child employed in an establishment shall be allowed in each week,
a holiday of one whole day, which day shall be specified by the occupier in a notice

Violations under section 3 of this act shall be punishable with imprisonment & fine.

First offence Subsequent offence

Imprisonment 3 months to 1 year 6 months to 2 years

fine Rs 10000 to 20000 > Rs 200000

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 Juvenile Justice Act 2000
juvenile is defined as a person who has not completed his/her 18th year of age

The 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

Act to be implemented by the respective State Government

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Juvenile in conflict of law
Provision establishment of Juvenile Justice Boards

Juvenile cases can only be heard in the JJB and not by another court.

reception and rehabilitation of juvenile conflicts , the state must set up

Observation Homes and Special Homes in every district or group of districts

When a police officer comes in contact with a juvenile he must place the
child with the Special Juvenile Police Unit

Juveniles who run away from the Observation or Special homes can be
brought back without a warrant and without punishment
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 Cruelty (such as assault or neglect) towards juveniles in the home or by any person
in charge of him/her is a punishable offence
People who exploit children for a crime will be penalised

Child in need of care and protection

CNCP cases are heard by the Child Welfare Committee

The purpose of the CWC is to provide for the care, treatment, protection,
rehabilitation and development of the child

CNCP are provided with Children's Homes and Shelter Homes

Shelter homes are for children whose family can not be located or whose case has
been completed 45
 CWC may declare a child fit for adoption and refer him/her to an
adoption agency (set up by the government) for placement.

The JJB and CWC have the authority to release a child to his/her
parents or give the child leave

State shall create a Child Protection Unit, whose officers are

responsible to ensure the proper implementation of act.

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 NARCOTIC DRUG AND
PSYCHOTOPIC SUBSTANCES Act 1985

Deals with narcotic drugs ,psychotropic substances and property derived from ,or
used in ,illicit traffic in narcotic drugs & psychotropic substances ,and to
implement the provisions of the international conventions on narcotic drugs and
psychotropic substances.

consolidate & amend the law relating to narcotic drugs

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 NDPS Act 1985- definitions
Addict : A person addicted to any narcotic drug or psychotropic agent.

Narcotic Drug : Coca leaf, cannabis, opium, poppy straw, & includes all
manufactured drugs.

Manufactured Drugs: All coca derivatives, medicinal cannabis, opium

derivatives, poppy straw concentrate, & any other notified narcotic substance or
preparation.

Psychotropic Substance : Any substance, natural or synthetic, or any material, or

any salt or preparation of such substance/ material included in the list of
psychotropic substances specified in the schedule.
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 Authorities & Officers

Provision for appointment of a Narcotics Commissioner, & a NDPS

Consultative Committee by the Central Govt.

Chapter II A Provision for constitution of a National Fund for Control of

Drug Abuse.

The Central Govt. has constituted an authority k/a the Narcotics Control
Bureau with headquarters at New Delhi & 5 zonal offices to exercise the
powers & functions of the Central Govt. under this act.

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 Prohibition, Control & Regulation
According to Section 8 No Person Shall :
1) Cultivate any coca, opium poppy or cannabis plant, or
2) Produce, possess, or consume any narcotic drug or psychotropic substance,
except for medicinal or scientific purposes & in the manner & to the extent
provided by the Act.

There are clauses regarding the power of Central & State Govt. to permit,
control & regulate the narcotic drugs & psychotropic substances, including
matter of licenses.
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 Offences & Penalties
1) Punishment for contravention in relation to poppy straw, coca plant & leaves prepared
opium, poppy, & cannabis plant (except ganja), manufactured drugs, psychotropic
substances :

a) For 1st offence : Imprisonment for not less than 10yrs, & Fine not less than 1 Lakh rupees
b) For 2nd & Subsequent Conviction : Imprisonment for not less than 15yrs, & Fine not less
than 1.5 Lakh rupees.

2)Punishment for contravention in relation to ganja or cultivation of cannabis plant:

c) For 1st offence : Imprisonment which may extend to 5yrs, & Fine which may extend to
50,000 rupees
d) For 2nd & Subsequent Conviction : Imprisonment which may extend to 10yrs, & Fine
which may extend to 1 Lakh rupees
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 Contd

3) Punishment for illegal possession in small quantity for personal consumption of

any ND/ PS (Sec 27):
a) For cocaine, morphine, heroin imprisonment extending upto 1yr, or Fine, or Both
b) Other imprisonment extending upto 6 months, or Fine, or Both

Cocaine 125mg Heroin - Opium 5g Charas - 5g Ganja 500g

250mg

4) Death Penalty ND/ PS QUANTITY

Cocaine 500 mg
Morphine/ Heroin/ Codeine 1 kg
Opium 10 kg
Hashish 20 kg
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 J.Kishores national health programmes of india 10th
edition
www.fssai.gov.in
www.mciindia.org/Rules
pndt.gov.in
www.juvenilejusticeact.in

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