Health Legislations - Dr. Suraj Chawla

HEALTH
LEGISLATIONS
IN
INDIA

Dr Suraj Chawla
Department of Community
Medicine, PGIMS, Rohtak

Contents
 Introduction
 Public health law & characteristics
 Various categories of health legislations
 Discussion of some important health laws
1. National Health Bill 2009
2. International Health Regulations, 2005
3. PC & PNDT Act, 1994
4. The Human Organs Transplantation Act, 1994
5. Infant Milk Substitute, Feeding Bottles & Infant foods
Act, 1992
6. Consumer Protection Act, 1986
7. MTP Act 1971
8. Registration of Birth & Death Act, 1969

Contents
9. Prevention of Food Adulteration Act, 1954
10. Factories Act, 1948
11. ESI Act, 1948
12. Epidemic Disease Act, 1897
 Problems with public health laws
 Suggested approaches
 New approaches

Introduction
 The core of public health depends on law and science.
The law has to prohibit individuals who create the
situation for others suffering.
 Application of prohibitory power on individual
autonomy would be unwelcomed in democratic world.
For this reason, health laws must maintain the balance
between individual autonomy and community
protection.
 The public health actions are not intended to
punish, but to improve and to monitor the health
status in the community.

Introduction
 The law has played a vital role in public health when
the principle threats to health and safety were
epidemic diseases.
 Law creates public health agencies, designates their
mission, provides authority and limits their actions to
protect a sphere of freedom outlined by the
constitution.
 Just as threats like Anthrax, SARS, Avian
Influenza, teaches us about the importance of a
strong public health infrastructure, they also remind
us of the need for appropriate public health powers.

Introduction
 The mandate to fulfil society‟s interests and assure
healthy conditions and quality services puts public
health in frequent and compelling contact with the
legal system.
 Public health system employ law as a tool to achieve
its goal. Thus these laws play a unique role in ensuring
the population‟s health.

Introduction
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.
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.

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.

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

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.

Categories of health
legislations
A. To protect the rights of health and improve
the health of nation in comprehensive manner
 National Health Bill 2009
B. 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 Consumer Protection Act (COPRA) 1986

legislations
C. Public registration to assess mortality and
enumeration of population
 The Census Act 1948
 The Registration of Births and Deaths Act
1969
D. To prevent public health problems
 The International Health Regulation 2005
 The Transplantation of Human Organ Act 1994
 The Prevention of Food Adulteration Act 1954
 The Epidemic Diseases Act 1897

legislations
E. To achieve maternal health and to empower
the women
 The Pre Conception & Prenatal Diagnostic
Technique Act 1994
 Domestic Violence Act 2005
 Indecent Representation of Women
(Prohibition) Act 1986
 The Medical Termination of Pregnancy (MTP)
Act 1971
 The Maternity Benefit Act 1961
 The Dowry Prohibition Act 1961
 The Immoral Traffic (Prevention) Act 1956

legislations
F. To safeguard the children and young
 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

legislations
G. To rehabilitate and provide equal opportunity
to disabled and disadvantaged groups
 The Persons with Disabilities (Equal
Opportunity, Protection of Rights and Full
Participation) Act 1995
 The Mental Health Act 1987

legislations
H. 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

legislations
I. To protect workers and to provide social
security
 The Minimum Wages Act 1948
 The Factories Act 1948
 The Mines Act 1952
 The Employees State Insurance (ESI) Act
1948
 The Workmen‟s Compensation Act 1923

legislations
J. Environmental legislations
 The Environment (Protection) Act 1986
 The Biomedical Waste (Management and
Handling) Rules 1998
 The Municipal Solid Waste (Management and
 The Hazardous Waste (Management and
 The Air (Prevention and Control of Pollution)
Act 1974
 The Motor Vehicle Act 1988

legislations
K. To promote voluntary work
 The Red Cross Society Act 1936

National Health Bill 2009

The proposed draft National Health Bill is a „framework
law‟ laying down a legal framework on health at the
national level. This is the first step towards legally
recognizing „right to health‟.
Aim :-
 To provide for 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.


The framework would comprise the following :-
 People‟s rights relating to health & health care;
 Concomitant obligation of government as well as
private actors;
 Core principles, norms and standards on health rights
& obligations;
 Institutional structure for implementation and
monitoring; and
 Justice mechanism for health rights.


Important Features :-
Right to Healthcare :-
 Seeks to legalize the 'right to healthcare', along
with other issues associated with health rights.
Good treatment :-
 It will strive to ensure that good treatment be made
available to the vastly neglected groups such as those
affected by HIV/AIDS.
Emergency Care :-
 No individual should be denied emergency treatment
because of his inability to pay fees or due to the
requirement for police clearance.


Patient Complaints :-
 Bill also seeks to make it mandatory for the hospitals
to address patient complaints, on a 24 x 7 basis.
Name of doctor involved in treatment
Summary & Second Opinion
Cost of Treatment
Rights of healthcare providers :- likely to get legal
recognition.


Collaborations between the Center and the State :-
 The bill demands a broad legal framework (that
involves cooperation/ collaborations between the
Center and the State) for providing essential public
health services and to monitor its functions, such as
responding to public health emergencies.


 However, the bill does not interfere with the
regulatory tasks and administrative decisions to be
taken by governments and local bodies, on the
specific measures to be adopted to achieve the
target.
 The bill also empowers the government to review the
existing laws and systems and to make new
subordinate legislations and regulations
and, overall, ensure the right to health of all people.


 "It is hoped that this law would act as a critical
tool to empower people about their health and to
establish the responsibilities of government and
private actors to deliver health rights in a
justified manner. While understanding the complex
socio-economic and political underpinnings of
health, it would hopefully serve as an additional
device to catalyze the change."

INTERNATIONAL HEALTH REGULATIONS
2005
 International legal instrument, binding on 194
countries across the globe, including all the Member
States of WHO
 Help international community to prevent and respond
to acute public health risks that have the potential to
cross borders and threaten people worldwide
 Define the rights & obligations of countries to report
public health events, and establish a number of
procedures that WHO must follow in its work to
uphold global public health security
 Also require countries to strengthen their existing
capacities for public health surveillance and response

Event notification and determination
under IHR (2005)
Determine whether an External
event constitutes a advice Emergency
PHEIC and
WHO DG Committee
recommend measures

Coordinate
Receive, assess and WHO IHR Other competent
respond to events Organizations
Contact Points
notified

Communicate
Consult events or Ministries/
notify WHO of any National IHR
Sectors
events that may Focal Points
constitute a PHEIC Concerned

Various disease &
Detect and report Report
any urgent or event surveillance
8/13/2012 28
unexpected events systems within a country

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.

 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.

Penalties :-
First offence Subsequent offence

Service Imprisonment (3yrs.); Imprisonment (5yrs.);
provider penalty (Rs.10000); penalty (Rs.50000);
registration cancelled (5 registration cancelled
yrs.) (permanently.)

Service Imprisonment (3 yrs.); Imprisonment (5 yrs.);
seeker penalty (Rs. 50000) penalty (Rs. 100000);

Advertise Imprisonment (3 yrs.);
r penalty (Rs. 10000)


Regulatory Body

Policy Making Body Implementing Body Advisory Committee

Central Supervisory State Appropriate State Advisory
Board Authority Committee

State Supervisory District Appropriate District Advisory
Board Authority Committee

Sub-District Sub District Advisory
Appropriate Authority Committee

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.

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.

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.

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 :-
 For a term not less than 5 years, extendable up to 10
years
 Fine not less than 5 lakhs, extendable up to 20 lakhs
 Removal of name of doctors from MCI or state
council register for 2 years for 1st conviction, and
permanently on subsequent conviction

The INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND
INFANT FOODS (REGULATION OF PRODUCTION, SUPPLY &
DISTRIBUTION) Act, 1992

Aim :-
 To provide for the regulation of production, supply
and distribution of infant milk substitutes, feeding
bottles and infant foods with a view to the 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.


 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", and " 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 and must follow the
instructions and guidelines given under the Prevention
of Food Adulteration Act 1954.


 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
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.


 Any person who contravenes the provisions of various
sections shall be punishable with imprisonment for a
term which may extend to three years, or with fine
which may extend to fine thousand rupees, or with
both. Following voluntary organisations are notified
where a complaint in writing can be made:
 Central Social Welfare Board, Samaj Kalyan Bhawan, B-12
Tara Cresent, Institutional Area, South of IIT, New Delhi
110 016
 Indian Council for Child Welfare, 4 Deen Dayal Upadhyaya
Marg, New Delhi 110 002
 Association for Consumer Action of Safety & Health
(ACASH), Room No. 21, Lawyer's Chambers, Bombay 400 002

THE mtp act, 1971

MTP Act - an enabling act which
 Aims to improve the maternal health scenario by
preventing large number of unsafe abortions and
consequent high incidence of maternal mortality &
morbidity
 Legalizes abortion services
 Promotes access to safe abortion services to women
 De-criminalizes the abortion seeker
 Offers protection to medical practitioners who
otherwise would be penalized under the Indian Penal
Code (sections 315-316).

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

THE mtp act, 1971

Indications :-
 Continuation of pregnancy constitutes risk to the life
or grave injury to the physical or mental health of
woman
 Substantial risk of physical or mental abnormalities in
the fetus as to render it seriously handicapped
 Pregnancy caused by rape
 Contraceptive failure in married couple
 “In determining whether the continuance of
pregnancy would involve such risk of injury to the
health (as mentioned above), account may be taken of
the pregnant woman‟s actual or reasonable
foreseeable environment”.

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 constituted by the government
with the CMHO as Chairperson

THE mtp act, 1971

Who can perform?
A medical practitioner (RMP)
 Who has a recognized medical qualification as defined
in clause (h) of section 2 of Indian Medical Council
Act, 1956
 Whose name has been entered in a State Medical
Register and
 Who has such experience or training in Gynaecology
and Obstetrics as prescribed by Rules made under
the Act

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

THE mtp act, 1971

Training requirement :-
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 three years.

THE CONSUMER PROTECTION ACT (CoPrA), 1986

 The CPA is a piece of comprehensive legislation and
recognises six rights of the consumer, namely:
1. Right to safety.
2. Right to be informed.
3. Right to choose.
4. Right to be heard,
5. Right to seek redressal and
6. Right to consumer education.
 Consumers with complaints can approach the
commissions at the district, state and central level.
 There is no court fee and the consumer does not have
to go through lawyers.


 The Supreme Court declared that 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.
 Under this Act, a complaint means any allegation in
writing made by a complainant in regard to of the
following:
1. A loss or damage as a result of any unfair trade
practice adopted by any trader;
2. The goods/service suffer from defects.
3. 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.


 Negligence means that a doctor, when consulted by a
patient, owes him certain duties, namely a duty of
care in deciding what treatment to give or a duty of
care in the administration of that treatment.
 If the Cost of the Services or goods and
compensation asked for, is less than Rs. 2 lakh, then
the complaint can be filed in the District Forum. If
the cost is more than Rs. 2 lakh but less than 20
lakhs, the complaint can be filed before the State
Commission and for higher amount the complaint can
be filed before the National Commission at New Delhi
which shall decide the case within a defined period.

THE REGISTRATION OF BIRTHS AND
DEATHS ACT, 1969
 The registration of birth & death (RBD) Act, 1969
provides for statutory authority at the center and in
each state.
 This act enabled the central govt. to promote
uniformity and compatibility in registration and
compilation of vital statistics.
 Allows the state govt. to develop an efficient system
of registration.
 RBD act, provides for the appointment of
functionaries for birth & death registration at
national, state, district and local level.

Registrar General of India (RGI)

Director General Health Services –Cum-
Chief Registrar (Births & Deaths)

Deputy Director (M&E), Health Department Assistant Director, Local Self Government
-Cum- Additional Chief Registrar Department -Cum- Additional Chief Registrar

Civil Surgeons Cum Deputy Civil Surgeons (Health) Cum
District Registrar (Births & Deaths) Additional District Registrar (Births & Deaths)
Urban

Medical officer (Health), Municipal
Medical officer Incharge ,
Corporation, Secretary in Municipalities,
Primary Health Centre
Executive officer in Cantonment Board

Sub Registrar (Births and Deaths) 53
Junior statistical Assistant/ Pharmacist/Computer clerk

DEATHS ACT, 1969
Delayed Registration
• Registration after the expiry of the 21 days but
within 30 days- will be registered only after
verification and payment of late fee of Rs. 2=00 and
penality of Rs. 5=00
• After 30 days but within one year- late fee of Rs.
5=00 and penalty of Rs. 10=00. Registrar will forward
such cases to the District Registrar for his
permission along with reporting
form, Affidavit, NAC, documentary proof of
DOB/DOD and his enquiry report

55

DEATHS ACT, 1969
 After one year, can be done only on an order of the
SDM and on payment of late fee Rs. 10=00 and
Penalty Rs. 25=00. For such cases, Registrar will
complete the documentation before sending the case
to the District Registrar. District Registrar will
forward the case to the concerned SDM unless it is
rejected by him as being found frivolous.
 Delayed cases prior to 1 January, 1980 are required
to be send to the Chief Registrar's office for
checking of documents before sending them to the
SDM.

DEATHS ACT, 1969
• Registration of Name of Child
• Name can be entered even after one year (Free of
charge) upto 15 years from the date of registration on
payment of late fee Rs. 5=00
• Registration of Births and Deaths of Indian Citizens
outside India
• Provisions made in the Citizens (Registration of India
Consulates) Rules, 1956 to issue the birth and death
certificates
• Indian Citizens have been allowed to register the births
& deaths at the place of their usual residence within 60
days after their return to India
• No separate procedure even after days

57

DEATHS ACT, 1969
 Every Registrar is required to send periodical returns
to the Chief Registrar who send their reports to the
Registrar General, India. On the basis of the annual
vital statistics returns received from the states, the
Registrar General, India brings out a comprehensive
annual report entitled, "Vital Statistics of India".
 The Act provides for medical certification of cause
of death. The enforcement of this is left to the
states governments depending on the facilities
available. A medical practitioner has to certify free
of cost and in the prescribed format, the cause of
death if he/she is attending the deceased during his
last breath or illness.

THE PREVENTION OF FOOD ADULTERATION
ACT, 1954 (Amended in 1964, 1976, 1986)

Aim :-
 To provide protection from adulteration of food that
may lead to the health risk.
Provisions :-
 Deals with the frauds by the dealers by supplying
cheaper or adulterated foods.
 Regulates the use of chemicals, pesticides, flavours
and other additives in food preparation.
 Enrichment of flour, bread, or other cereals with
vitamins or minerals, iodization of salt, vitaminisation
of vansapati oil, addition of vitamin "C" in certain
foods can be done.

THE PREVENTION OF FOOD ADULTERATION
ACT, 1954 (Amended in 1964, 1976, 1986)

 Centre is empowered to appoint an Advisory
committee called the Central Committee for Food
Standard.
 In case of any dispute the Central Food Laboratories
give its final opinion on the subject. These 4
laboratories are located in
Calcutta, Ghaziabad, Mysore and Pune.
 There are approximately 82 food laboratories in the
country at district/regional/state level working for
the purpose of the PFA Act. Powers are given to the
State Governments to appoint Public Analyst and
Food Inspectors who control the food
supply, storage, and marketing of foods.

THE PREVENTION OF FOOD ADULTERATION ACT,
1954 (Amended in 1964, 1976, 1986)

Penalties :-
 Maximum imprisonment of 1 year or a minimum fine of
Rs. 2000 in the first instance and for imprisonment
of 6 months which may extend to 6 years and
cancellation of license on the second or subsequent
offense.
 When consumed adulterated food is likely to cause
death or injury to the body of amount to grievous
hurt can be punished according to Section 320 of the
Indian Penal Code. There is an imprisonment of 3
years but which may extend to the life term and with
the fine which shall not be less than Rs. 5000.

The Factories Act, 1948(Amended On 1987)

Aim :-
 Governs the health, safety, and welfare of workers in
factories.
Provisions :-
 A factory under the Act is defined as a place using
power, employs 10 or more workers, or 20 or more
workers without power.
 The state governments are empowered to extend the
provisions of the Act to factories employing fewer
workers also.


 The Act does not permit the employment of women
and young in a dangerous process or operation.
 Children are defined, "who have not attained an age
of 15 years", are not permitted to be hired and need
to have medical fitness certificates if he/she is has
to work and age is not confirmed.
 Provision of environmental sanitation that protect the
worker from hazardous environment.
 Disposal of wastes and effluents should be without
any risk.


 There should be a provision for safe and cool drinking
water and provision of water in the latrine and urinal.
 One latrine for 25 female workers but one for 25
male workers up to 100 and one for 50 thereafter.
One urinal for 50 person up to 500 men and after
that one for every 100 more.
 Safety measures like fencing of machines, protection
of eyes by use of goggles, precautions against fire
and dangerous fumes.
 Facilities for washing, and sitting, canteens, creche
(one for more than 30 women) and first aid
appliances. One Welfare Officer for 500 or more
workers is suggested.


 There is provision for one weekly holiday, and not
more than 48 hours in a week an adult worker should
work. There is at least half an hour rest after a
stretch of 5 hours of continuous work.
 No women should be employed between 7 p.m. and 6
a.m.
 No person less than 14 years of age should work in
the factory. No child should work more than 4 hours a
day and should not work in the night between 10 p.m.
to 6 a.m.
 One full wage leave should be given to an adult worker
for every 20 days of work and one for every 15 days
to the child worker.


 12 weeks of maternity leave should be given to a
woman.
 If an accident occurs in any factory causing death or
bodily injury or prevents a worker from working for
more than 48 hours, the manager must immediately
send notice to the prescribed authority (i.e. Labour
commissioner).
 Occupational diseases and hazards exposure are to be
notified by the medical officer of the factory to
labour department.


 However, the Act do not have provision for some
important places of work like hospitals, fire
stations, and other where serious health and safety
risks may exist.
 The increasing complexity of workplace and transfer
of technologies due to a burst in economic activities
requires that inspectors should possess reasonable
amount of knowledge of occupational safety and
health.

THE EMPLOYEES STATE INSURANCE ACT, 1948
(Amended as on 1984)

Aim :-
 To provide certain benefits to employees in case of
sickness, maternity and 'employment injury' and to
make provisions for certain other matters in relevant
thereto.
Provisions :-
 The ESI scheme is administered by the Employees
State Insurance Corporation (ESIC).
 Act does not include employees of Indian
navy, military or air force; or whose wages exceed
Rs. 15000 or as prescribed by the Central
Government.


Contribution :-
 Government gives 2/3rd of administrative
expenditure. State Governments share 1/8th of
expenditure on medical treatment and attendance
(7/8 being borne by the ESIC).
 Employees pay on an average 1.75% of the wages and
employers contribute 4.75% of the wage bill. The
employee who is getting daily wage of less than Rs.
70.00 shall be exempted from payment of
contribution.


Benefits :-
1) Sickness Benefit:
At the rate of 50% of the daily average wage is given
to the employee for a maximum period of 91 days in one
year. In diseases like
tuberculosis, leprosy, fracture, malignancy etc, the
sickness benefits are extended to two year at half the
rate of sickness benefits.
2) Maternity Benefit:
At the rate of full wages for a period of 84 days in case
of pregnancy and 6 weeks in case of miscarriage or MTP.


3) Disablement Benefit :-
In cash, 72% of the wages is given to the temporary
disabled person during the period of disablement. In
case of permanent disablement, the payment is made at
the same rate for the whole of his life in the form of
pension.
4) Dependent Benefit :-
Widow or adopted child (up to the age of 18 years or till
the daughter get married) of the diseased person gets
the cash payment may be in the form of pension.


5) Funeral Benefit :-
An amount of Rs. 5000 is paid to the eldest surviving
member for the funeral purpose.
6) Medical Benefit :-
All member of the worker gets the medical cover
including the Outdoor treatment, domiciliary treatment
facilities by the panel system, specialist
services, ambulance services, and indoor services.

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 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.
 Any person disobeying any regulation or order made
under this Act shall be deemed to have committed an
offence punishable under section 188 of the Indian
Penal Code.

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

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.
 Problems of multiple layers of law consisting of
successor layers of amendments constructed over a
long period of time along with the problem of
inconsistency wherein these laws remain fragmented
not only within the States but also among them.
 Complex language of Acts

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.

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:
1. To promote awareness and redress social and
economic imbalances
2. To ensure land rights, providing legal aid to the
needy
3. To promote social consciousness with respect to
gender equality, social justice, environmental
protection, human security and human development

References
• WHO India. Health Legislation in India: A Compilation.
http://202.54.104.237/intranet/eip/legislation/index.php
• Legislations. National Institute of Health & Family Welfare.
http://nihfw.nic.in/ndc-nihfw/html/Legislations.htm
• International Digest of Health Legislation, 1995, 46 (1).
• 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. Annual report 2001-2002. Ministry of Health &
Family Welfare. Nirman Bhawan, New Delhi 110011
• Govt of India. The Factories Act. 1948: Act No. 63 of 1948

Health Legislations - Dr. Suraj Chawla

Health Legislations - Dr. Suraj Chawla

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