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Newsbeat

SC Rejects PIL for Disclosure of Drug Warnings

Supreme Court Dismisses PIL for Mandatory Disclosure of Medicine Contraindications

 

New Delhi – The Supreme Court of India on Thursday dismissed a Public Interest Litigation (PIL) seeking a mandatory framework requiring doctors to inform patients about contraindications—cases where certain medications should not be used due to potential harm. The court called the proposal “not practical,” pointing to challenges in standardizing such a system.

 

A bench led by Justices Bhushan R. Gavai and K.V. Viswanathan ruled that it would be unfeasible for doctors to personally disclose detailed contraindications for each prescribed medication. Highlighting the complexity of medications and their varied effects on patients, the bench noted that implementing such a requirement could lead to confusion, logistical issues, and excessive burdens on healthcare providers.

 

“It is impractical to expect doctors to individually inform patients about contraindications for every drug. Information display at pharmacies could be an option, but even that would face challenges due to the vast variety of medications,” the bench observed.

 

The PIL was filed by Jacob Vadakkanchery, a naturopathy therapist, with advocate Prashant Bhushan arguing the case. Bhushan proposed that printed inserts listing potential contraindications could improve patient safety and reduce legal issues related to medical negligence. He argued that the World Health Organization (WHO) has reported severe harm to patients who are unaware of contraindications.

 

However, the bench expressed concerns about how such disclosures might increase consumer complaints and lawsuits against doctors and pharmacists, potentially complicating healthcare administration. The court noted that doctors are already subject to accountability under the Consumer Protection Act (CPA) and dismissed the PIL, citing a lack of practical feasibility.

 

The judgment echoes a recent decision by the Supreme Court, which upheld the inclusion of medical services under the CPA. In India, medical professionals are also guided by the Bolam Test, which protects doctors from negligence claims if they act within accepted medical practices. The Supreme Court reinforced this standard in previous cases, stressing that doctors should only face liability when there is clear evidence of deviation from established practices.

 

This dismissal reflects the court’s caution in imposing additional legal obligations on healthcare providers, aiming to balance patient safety with the practicalities of medical practice in India.

Source.

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Newsbeat

Supreme Court to Rule on Marital Rape Laws

Supreme Court to Review Constitutional Validity of Marital Rape Laws Granting Immunity to Husbands

The Supreme Court of India is set to decide whether laws that provide immunity to husbands from prosecution for marital rape are constitutional. These laws, under both the Indian Penal Code (IPC) and the Bharatiya Nyaya Sanhita (BNS), currently state that a husband cannot be charged with rape if he forces his wife, who is not a minor, to have sex with him.

 

A bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, is reviewing the issue. The court asked for the petitioners’ views on the government’s argument that criminalizing marital rape could harm marriages and disrupt family life.

 

Senior advocate Karuna Nundy, representing one of the petitioners, argued that the current exemption is unconstitutional. She claimed it violates several key rights, including the right to equality (Article 14), the right to freedom (Article 19), and the right to life and personal liberty (Article 21). Nundy urged the court to strike down the provision.

 

The court noted that Parliament, when creating the exemption, intended that a husband’s sexual act with his wife, if she is over 18, would not be considered rape. The justices now face the challenge of determining whether this immunity should be removed, and if so, whether the existing laws on rape would apply or if a new legal provision is needed.

 

This issue was brought to the Supreme Court after a split verdict in May 2022 by the Delhi High Court, which allowed the petitioners to appeal. The case involves significant constitutional questions, and the hearing is ongoing.

 

Under both the IPC and BNS, the current law states that sexual acts by a man with his wife, provided she is not a minor, are not considered rape. The government expressed concern that changing this law could lead to misuse, making it difficult to prove whether consent was given or not.

Source.

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Newsbeat

Kolkata Rape-Murder: Mother-in-Law Reveals Dark Past

The mother-in-law of Sanjay Roy, who is accused of the rape and murder of a trainee doctor in Kolkata, has spoken out about his violent past. She revealed that Roy had caused her daughter to suffer a miscarriage and had physically assaulted her multiple times. She also suggested that others might be involved in the crime, doubting that Roy could have acted alone.

Durga Devi, the mother-in-law, shared that her daughter’s marriage with Roy was troubled. She mentioned that things were good for the first six months, but then Roy’s violent behavior led to a miscarriage. She said that a police complaint was filed after Roy assaulted her daughter and that her daughter’s health continued to suffer afterward.

Durga Devi expressed her strong dislike for Roy, stating that he was not a good person and deserved severe punishment. However, she also indicated that she believes he couldn’t have committed the crime by himself.

The rape and murder of the trainee doctor have sparked outrage and protests across India, with many demanding justice and strict punishment for those responsible. The Supreme Court criticized the West Bengal government for its handling of the case, particularly the delay in filing the First Information Report (FIR) and the initial claim by the hospital that the death was a suicide.

The Central Bureau of Investigation (CBI) is now leading the investigation. They have been allowed to conduct a polygraph test on Roy and have conducted a 3D laser mapping of the crime scene at RG Kar Medical College and Hospital in Kolkata. Additionally, a Special Investigation Team (SIT) has been set up to look into allegations of financial irregularities at the hospital.

The Union government has also ordered the Central Industrial Security Force (CISF) to take over the security of the hospital, following a Supreme Court directive.

The case has drawn significant attention and raised questions about the safety of medical professionals in West Bengal.

Source.

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Newsbeat

SC Categorization Panel Will Not Delay Sub-Categorization Issue: Kishan Reddy

Hyderabad: State BJP President G Kishan Reddy on Monday clarified that the special task force announced by Prime Minister Narendra Modi to address the issue of sub-categorization of Scheduled Castes was not intended to delay the process but rather to expedite it.

Responding to criticism from various political parties, Reddy asserted that the task force differed from a commission or committee. He emphasized that the Supreme Court would closely monitor the task force’s progress, ensuring swift action on this long-pending matter.

Reddy attributed the delay in resolving the SC categorization issue to the inaction of the previous Congress government. Despite the recommendations of the Justice Usha Mehra Commission, constituted by the UPA government, the Congress did not take any concrete steps towards sub-categorization.

He expressed confidence that the special task force, under the watchful eye of the Supreme Court, would effectively address the concerns of the Scheduled Castes and ensure their equitable representation.

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