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Lack Of Health Infrastructure And Denial Of Right To Health …
WEBThe spread of COVID-19 across the country has exposed the healthcare sector in India. With lack of medical facilities and healthcare infrastructure, the challenge to fight this widespread disease becomes tougher. While corona cases are piling up day by day India has jumped to second position in terms of number of people infected with the novel
Actived: 6 days ago
The Constitution Of India On Right To Health
WEBArticle 38 of the constitution of India lays down the responsibility of the state to secure social order for the promotion of the welfare of the public health. Article 39 (e) pertains to the protection of health of the workers. Article 41 relates to providing public assistance by the state in special circumstances such as sickness, disability
Medical Negligence
WEBOn the basis of various judicial pronouncements, the essential elements of ‘ Medical Negligence’, this can be distinguished in brief and in so far as it relates to the medical profession, are as follows: (i) The Doctor must owe the patient a duty of care; (ii) The Doctor must have committed a breach of that duty; and.
The Welfare of Workers under the Factories Act, 1948
WEBThe Welfare of Workers under the Factories Act, 1948. The word ‘labor welfare’ applies to the facilities given to laborers in and outside the factory premises such as canteens, resting and leisure facilities, accommodation, and all other amenities that contribute to the well-being of employees. Welfare programs include general well-being
Health Of Workers Under Factories Act, 1948
WEBThe principle target of the Factories Act, 1948 is to guarantee sufficient health measures and advance the health and security and government assistance of the laborers utilized in processing plants. The demonstration likewise makes arrangements with respect to the work of ladies and youthful people. Yearly leave with compensation and …
Right To Wholesome Environment As A Fundamental Right
WEBThe Part-III of Indian constitution has dealt with the Fundamental Rights granted to the citizens, in which the right to a wholesome environment or any environmental-related right has not explicitly guaranteed. But, following up the precedents decided by the Apex Court and improved scope of the law has extended the ambit of …
Supreme Court Guidelines On Medical Negligence
WEB1. Negligence is the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. 2. Negligence is an essential ingredient of the offence.
Mental Health And It's Impact In India
WEBEven in 2020, the mental health budget did not see a rise. The impact of the mental-health crisis is astronomical. Between 2012 and 2030, the WHO estimates, it will cost India over a trillion dollars in lost productivity. Another saddest part is India had only 1.93 mental-health workers for every 100,000 people.
Reasonable Restrictions on Fundamental Rights
WEBUnder Article 19, clause (5), the state may impose reasonable restrictions on freedom of movement for two reasons: (1) in the public interest; and. (2) to preserve the interests of Scheduled Tribes. Citizens have fundamental rights under Article 19. Any individual who is not and cannot be an Indian citizen does not have access to or can …
Medical Negligence: An Overview of Its Consequences
WEBThe consequences can be civil in nature, criminal and can also lead to suspension of the medical practitioner. Consequences for medical negligence are usually civil in nature. Negligence being a Civil wrong falls under Law of Tort. Monetary compensation can be claimed by the plaintiff in consumer forums also as the medical …
Provisions Relating To Women Worker in Factories Act, 1948
WEBSection 79 (1) Explanation 1 says that Every female worker who has worked for a period of 240 days or more in a factory shall be allowed leave with wages and in case of a female worker, maternity leave upto 12 weeks. Under Section 87 (b) of the Act, Power to the State Government is given that if it opined that any manufacturing process or
Liability of Hospitals Under Consumer Protection Act, 1986.
WEBMedical negligence gives rise to both civil and criminal liability. Civil wrongs an aggrieved party can bring a lawsuit for redress either through a litigation or through a complaint filed in a consumer tribunal. Since the promulgation of the Consumer Protection Act in 1986 there has been a significant increase in cases of medical negligence.
Air (Prevention And Control Of Pollution) Act, 1981: An Overview
WEBThe Air (Prevention And Control Of Pollution) Act, 1981. This Act was enacted by the Government of India to implement the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972. The Act is also called the Air Act. The main interest of the Act is to ameliorate air quality and prevent …
Right to Freedom of Religion Under The Indian Constitution
WEBClause (1) of Article 25 provides; “Subject to public order, morality and health and to the other provision of this Part, all the person are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion”. This article secures to every person. Freedom of conscience.
Legal Provisions Relating to Miscarriage of Womb
WEBThe Explanation under this Section explicitly mentions that a woman who causes herself to miscarry the child she bears is also liable to punishment under this Section. Miscarriage under section 312 is bailable, non-cognizable and non-compoundable. Section 313: [4] Causing miscarriage without woman’s consent.
Bandhua Mukti Morcha Case [Bandhua Mukti Morcha Vs Union Of …
WEBThe case of Bandhua Mukti Morcha Vs Union of India and Ors is one of the historical judgments in contention with the upliftment of Bonded labor in India. The petitioner is Bandhua Mukti Morcha which is a philanthropic non-governmental organization that works for the welfare of individuals and is dedicated to the cause of the release of …
Right To Fair Compensation And Transparency in LARR Act, 2013
WEBThe Land Acquisition Act, 1894 (the 1894 Act) was replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR Act, 2013). The law not only deals with acquisition, but also Rehabilitation and Resettlement of the landowners who are losing the land to such acquisition.
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