Blog Archives
02. Dr. B. R. Ambedkar and the making of the Indian Constitution
Dr. Vivek Dhupdale
16. Suggestions towards Improvement of Right to Information
Dr. Savita Rasam
05. Indian Constitution On Socio-Economic Equality
Adv. Khabade Narendra Dasharatha
7. India’s Economic development and Dr. Babasaheb Ambedkar’s Thoughts(AnOverview)
Shri .Nandkishor K. Ramteke
24. Right to Information – History of Evolution
Dr. Savita Rasam
1. Right To Health And Medical Negligence Liability : A Review Of Judicial Approach
Bhagyashree A. Deshpande
Right to Health is not included directly as a fundamental right. But according to judicial interpretation, right to health is a fundamental right under Article 21 of the Constitution of India as it is an integral part of right to life. Directive Principle under Article 47 states the right to health and the Indian Judiciary had successfully brought the said right within an ambit of fundamental rights.
Medical profession is considered as noble profession and the doctor is bound to save a precious life of patient. The doctor patient relationship is a based on mutual trust and faith. It is fiduciary relationship. But now-a-days this relationship is getting deteriorated considerably. There are various reasons responsible for this thing such as communication gap between doctor and patient, commercialization of medical services, economic thrust of doctor, greediness of doctor to earn money through cut practice, negligence from the side of medical practitioner, raised expectations from medical practitioners, increased consumer awareness and like that. Negligence means a lack of proper care in doing something. Medical negligence is the negligence from the side of the doctor / medical practitioner. It is negligent treatment to a patient by medical professionals / practitioners. Public awareness for medical negligence is increasing day by day in Indian Society. Negligence is the theory of liability concerning allegations of medical malpractices. The Consumer Protection Act, 1986 (C.P. Act) covers the solution of various problems related to medical negligence and safeguards the rights of the patients. Medical negligence means, negligence resulting from the failure on the part of the medical practitioner to act in accordance with medical standards in practice which are being practiced by an ordinarily reasonable, prudent and competent person practicing the same profession. There are so many examples of medical negligence such as commission of illegal acts beyond the scope of duty of medical practitioner, recklessness in abortion cases, prolongation of anesthesia, failure of eye surgery resulted into complete (total) blindness and like that. According to Charaks Oath (1000 B.C.) and Hippocratic Oath (460 B.C.), medical profession is a sacred profession. Doctors are second God of our life. They are deal with the life of human being and health protection of the patients. “…Heath will finally be seen not as a blessing to be wished for, but as a human right to be fought for…”. Kofi Annan, UN Secretary General.
2. Problems and Prospects of Indian Democracy: AnAnalysis of working for designing processes of change
Vivek Dhupdale
Abstract “Democracy is a government of the people, for the people, and by the people.” – Abraham Lincoln Democracy means rule by the people to ensure that every citizen takes part in the decision making process either directly or indirectly through elected representatives. India is the largest democracy in the world. In the last more than 6 decades it has worked successfully well to some extent. But in modern India it has to face many challenges that need to be tackled in order to ensure true democracy. These challenges may include: social and economic inequalities, poverty and unemployment, Illiteracy and ignorance, casteism, communalism, population explosion, regionalism, corruption and terrorism, etc. India needs to develop new proposals to reform democracy. Law plays important role in political reformation and may help to prevent wrong practices and encourage good ones. But mere legal changes alone do not help as the changes in laws may sometimes prove counterproductive and may result into negative impact on society. Therefore, the best laws empower people to carry out democratic reforms. The Right to Information Act is the best example that serves as a watchdog against abuse of democratic principles. The challenges to the democracy may be tackled by way of movements of activist or by the politically conscious citizens. Some of the measures that can be taken to sustain a true parliamentarian democracy in India include: achieving 100% literacy; educating the masses about democratic rights; ensuring better protection of fundamental rights, and to ensure freedom of press, etc. In this paper, the author has attempted to study and analyse the existing democratic setup in India and suggest necessary reforms in order to ensure a sustainable democracy in India.