COLRP's guide to legal issues in space tourism

COLLECTION OF LEGAL RESERCH PAPERS (COLRP)
- ADV CHERRY KUSHWAHA

ACKNOWLEDGEMENTS
The inspiration to write this book comes from the millions of youth, and
few friends, I personally saw struggle each day of their life, to make a
mark for themselves.
I am especially thankful to my mom, (MrsMadhuvinder Kaur), and
brother, (Adv, Gagandeep Singh), for being the best supporters, inspirers
and genuine critics, all at the same time.
Heartfelt thanks to publishers for magnifying my humble research and
making it available for the masses at large.
Wishing all the readers, a very happy reading ahead….

A FLIGHT OF LAW IN REALM OF SPACE TOURISM
CHERRY KUSHWAHA
CHANDIGARH UNIVERSITY
GHARUAM, MOHALI

ABSTRACT- Gone are the days when movies in 3-D were a fascination, today we have the
comfort and pleasure of experiencing 5-D movies. The fascination is not just limited to the realm
of movies, but has generated humongous curiosity for real space travel. Though movies are not
alone to be blamed or honored singularly. What we are experiencing today, is pinnacle of
development in the world of science and exploration. As it is aptly said, ―law encompasses every
sphere of human life‖, space travel is no exception. Allow thy author to take you on a journey of
treaties dealing with space tourism, hypothetical situations, tempting the minds and some factual
data through pilot survey. Also a humble attempt has been made to review a few papers related
to the subject at hand. Without much ado, the humble piece of research is laid for your benign
consideration.
KEYWORDS- space tourism, space laws, interdisciplinary study, science and law, NASA vs
ISRO, outer space treaty, Montreal protocol

INTRODUCTION-
with the advancement of technology, today humans have not only crossed borders for excursion,
but the limit of tourism is space and other planets. The only law governing the outer space travel
till date is the outer space treaty , article 5 of which makes the states liable for injuries to
passengers during the course of trip and article 6 of which mandates registration of the vehicles
of space travel. Montreal convention1
also fixes the liability of carrier in cases of injury/accident
of the passengers. The U.S. contrarily has set up a vast precedent and niche by setting up a
national act2.
While India is yet to come up with any space travel regulations or act. India’s space
policy is limited to the regulations as set by ISRO3
(which do not cover the vast area and scope
of space tourism). It is pertinent to mention here that space tourism is equally accessible to all
nations4
. However today the vast luring of the companies, which claim to name stars on a
person’s name5
, have lured the excited masses to not only pay heavy sums for space tourism, but
also for buying space on other planets6
but the craze of the generations has reached its pinnacle
as we successfully launched the chandrayan7
and successfully accomplishes mission mangal8
.
Some strong considerations arise in scenario like these raising questions :
 What has made india draft no legislation uptill date for space travel and tourism?
 Would there be any future prospective for the zealous people to buy properties on
celestial bodies in future?
 Is the international treaty signing law enough for the space travel
It is humbly submitted that the answer to these questions, would better be answered with
the passage of time and experience as these are unprecedented situations for all nations
and still in their exploratory stages9
.
1
convention for the unification of certain rules for international carriage by air
2
spurring private aerospace competitiveness and entrepreneurship
3
for purposes of remote sensing of satellites and satellite coomunication
4
outer space treaty and other international treaties mandate that space is no one nation’s property
5
most of them being fraudulently selling the idea though as only the international astronomical union officially name stars
6
although the same is prohibited by article 2 of outer space treaty (clause against non purchase of landin on any celestial body
7
pslv, landing on 22 october 2008
8
Launched on 5 November 2013
9
NASA being the pioneer amongst them all

IS ISRO10
LAGGING BEHIND?
In competition with NASA11
of the United States and CNSA12
of China, (which has recently
even claimed of forming its own artificial sun) has the Indian space research organization lagged
behind?
Who is to be blamed?
 Lack of funds
 Lack of zeal and enthusiastic scientists
 National policies
It is humbly submitted that before drawing conclusions, allow thy humble author to present
some facts for before you all.
 MOM13
was sent to space in a meager budget by ISRO as comparad to millions spent by
NASA on MAVA14
by NASA
 A Budget of Rs 13,700 crores has been allotted to ISRO for the 2022-23 projects15
In light of the above statistics even more questions are raised:
 Is it the union strategy to proceed slow in legislating on space and technology?
 Is the strategically low costing budget responsible for the delay in researches by ISRO?
Before we rush to draw inferences allow thy humble author to take you through the
imaginative space tour through some luring legal possibilities.
THE INFINITE LEGAL POSSIBILITIES:
Space tourism could prove to be a boon , not just for the excursionist and scientists, but it also
open doors to infinite legal opportunities. Undeniable the threats posed by it need preventive
measures, but a positive outlook could bring much more in international sphere, leading to even
more friendly relations between nations:
10
Indian Space Research Organization
11
National Aeronautics and Space Administration
12
China National Space Administration
13
Mars Orbiter Mission (MOM)
14
Mars Atmosphere and Volatile Evolution (MAVEN) spacecraft.
15
As sourced through https://www.downtoearth.org.in/news/science-technology/

 Development of world level organization, on lines of U.N. to bring legislations on mars,
moon and hopefully other celestial bodies some day
 Infinite possibility of learning from aliens and developing humanoids with the caution of
multilateral treaties at international scale
 Possibility of having the rules and regulations developed in some other dimension
hopefully one day
But before losing senses in the infinite possibilities of rosy scenario of positive laws, let’s
have a view of the other side of the picture, via some hypothetical situations
HYPOTHETICAL SITUATIONS:
Situation 1-nation x develops the technology to ensure successful space tourism and makes the
trip services available to citizens of another nations. What would be the taxation policy is a
situation like this and which body would be responsible for laying down unanimous rules and
criteria for nationals of different states?
Situation 2- in a hoard of competition to win the space tourism race technology nation x starts
making space tourism available to its nationals at an early stage of experimentation of the launch
vehicles. Although no national sustains any injury16
losses of precious articles and luggage
occurs. Which set of laws and what rules would be applicable in such scenario?
Situation 3- supposedly an international agreement is reached upon unanimously by majority
nations to make land and place available for buying of the common man on celestial bodies.
What would be the demarcation rules for land limitations per nation? Who would be responsible
for the loss of life on another planet, while residing on it? Would the nation be liable to its
citizens? Would the international treaty bear the brunt? Or would the passenger and buyer of
land be liable himself?
Situation 4- supposedly nations reach a consensual decision of sharing the technologies and
reach a treaty to that effect. A minor error of calculation, in the technology of nation x, causes
loss of some astronaut’s life of nation y, though adequate experimentation has been conducted by
the scientific organizations of both nations17
. who is liable? The scientific organizations? The
Treaty itself? Or would the onus lie on astronaut undertaking the risk himself?
16
Situation not being covered by outer space treaty

Situation 5-supposedly space tourism advances and reaches next level (which it hopefully would
soon!) and all nations have access to space tourism. Owing to some cold war or distress between
nation x and y , explosives by nation x are thrown at the flight of nation y. who would be liable?
Even more importantly would it turn to a situation and need for internation outer space
organization18
to help curb another world war? Or shall I take liberty to draw your attention
towards the term ―space war‖
It is humbly submitted that there is no dearth of such imaginative hypothetical situations and
questions, answers to which we are yet to discover on nation and international level. Such
unprecedented situations could definitely occur and be a threat, but before turning negatively on
the concept of space tourism, allow thy humble author to lay a pilot survey before you.
PILOT SURVEY –
For the purposes of this survey a team of 5 field workers was gathered19
, which randomly
selected 100 participants from 12th
standard student of government medical schools of tricity and
final year students of MBBS of government medical colleges. (for the sake of convenience, the
groups have been termed group A and Group B from here onwards)
It is submitted that all due caution has been taken to ensure confidentiality of the subjects.( also a
sample of the pilot survey has been attached at the end of the paper) before proceeding towards
the data and statistics, it is pertinent to mention the drawbacks of the survey:
 Geographical limitation (Only subjects from tricity have been covered)
 The field workers did not possess adequate training in psychology and belonged to the
background of law
 Owing to paucity of funds and time other categories of subjects have not been included.
17
No case of negligence being reported
18
Much on the lines of UN
19
Belonging to legal background

willing to make a space tour if given an
opportunity?
yes no undecided
Group B 65 8 27
group A 57 12 31
DATA AND STATISTICS DERIVED:
Fig1 Awareness about the concept of "space tourism"
.
(Thereafter the terminology was explained to them in simple terms by the field workers)
Inclination towards space tourism
Fig 2 willing to make a space tour if given an opportunity?
Awareness about the concept of "space
tourism"
yes no can't recall
57
35
42
36
22
8
group A group B

willingness to become astronaut
28%
yes
no
undecided
63% 9%
Fig 3 Choosing career as an astronaut
(for the purposes of fig 3 cumulative data of group A and B have been calculated)
Fig 4 Inclination towards becoming scientist
aspirant of becoming scientists
70
60
50
40
30
20
10
0
group A
YES
NO
UNDECIDED
group B
Axis Title
number
of
participants

if chosen to become scientist, what is reason
behind it?
personal interest service towards nation other
61%
47%
36%
32%
21%
3%
group A group B
Fig 5 Causes of inclination towards science and research
(Thy author humbly prays that no correlation or hypothesis be derived on the basis of this
meager study, as larger data is warranted for the same)
CRITICAL TAKE:
Space tourism is going to be the next generations future vacation, as seen by the zeal amongst
people and curiosity of human to explore the unknown and new.but there a considerations which
cannot be ignored
 Possibility of endangering life of creatures of other celestial bodies (if existent)
 Counter possibility of attack by the aliens20
for invading their territory or owing to other
miscommunication
 Making human life even more artificial and technology dependent
 Possibility of world war 3 in pursuit of res nullius on space
 Ignorance of developmental projects on earth, which warrant our immediate attention,
(like ozone layer depletion etc) owing to diversion of funds in scientific pursuits.
19
As claimed to exist and captured photos of ,by NASA
20
As claimed to exist and captured photos of ,by NASA

It is pertinent to mention here that though the criticism stands on valid footings, still the
possibility of encountering new celestial objects, communication with aliens, real life
space travel experiences attract the scientists and common man. The need of hour is not
to discard or accept the concept of space tourism blindly, but evolve strategy to utilize the
science at its best.
HUMBLE REVIEW OF THE RESEARCH PAPERS MENTIONED:
Thy author humbly submits hereby that the few research papers, overviewed by myself have the
reference to outer space treaty in detail, but thy author fails to come across research data on the
same. Whereas the space legislation of U.S.A. has been applauded vehemently in the research
papers, the reference to suggestions for future are nowhere to be encountered. Also it is pertinent
to mention here that only few interdisciplinary studies have been conducted on the topic at hand.
PUTTING FORTH HUMBLE SUGGESTIONS:
 Strategically bifurcating budget for outer space research and ennovations/ experiments
required on earth
 Spreading awareness about the international treaties and penalizing the criminals duping
innocent citizens by showing lucrative outer space propositions, which are not existent
uptill now.
 Providing more opportunities for students to showcase their experiments and encourage
scientific temper to help them become future national assets
 Concluding treaties at international scale to ensure that the researches conducted by
nations individually concur same or similar results by making provisions for the
exchange of data
 Preparing for the future by ensuring multilateral treaties to prevent space war, instead of
restricting access to the space and celestial bodies.
PUTTING FORTH PLAN OF ACTION:
As the sci-fi novels and movies have glorified space travel and created a craze amongst the youth
today, it is equally important to make them acquainted with the realistic picture,in light of same,
here is putting forth some POAs

setting up a science
commission on lines
of law commission
publishing quarterly
journals by the
government for
updating all with
latest scientific
developments
showing the harsh
reality of space and
acquainting youth
with real scenario
via visual medium
framing a bill in
consonance with
outer space treaty
and montreal
protocol
preparing for jurisprudential
concepts forthe outer space
laws
glorifying the autobiografies of
scientists via visual media
formulating a commission
comprising of emininent jurists
and scientists to lay down
guidelines
arranging more national level
science fairs and making the
stipends available to
researchers known to all
encouraging youth to develop
scientific temperament in
consonance with part 4 of
constitution
Fig 6 Proposed POA1
Fig 7 Proposed POA2

DRAWING HUMBLE CONCLUSIONS:
It is a proven fact that every scientific innovation and development has its own benefits and
risks. Space tourism is undeniably the common travel of future generations. But allow thy
author to put a word of caution here, that we are not just talking about an experiment or dealing
with regular laws. It involves the outer space dimensions- a realm yet unexplored and
unprecedented for the nations and laws alike( and also hopefully another unexplored realm of
law shall be covered thy author’s next research paper). With this and a positive applaud to the
scientific exploration in previous two decades, I hereby conclude the paper.
ACKNOWLEDGEMENT
First and foremost i would like to thank the guide, Dr Hadley and Dr Jasgurpreet for their
untiring efforts and dedication in guiding us through the dark roads and shady but luring paths of
research. I am solely responsible for any errors and mistakes in this research and also find it
pertinent to state that the views expressed are not intended to offend any person or community

REFERENCES
 Von der Dunk Frank, 2011, University of Nebraska – ―Tourism, Private Spaceflight and
the Law: Key Aspects‖
 GOUYON MATIGNON LOUIS,2020, ―THE CRAZY HISTORY OF SPACE OTRAG
COMPANY AND SPACE LAWS‖
 Prof hob Stephan, 86 Neb. L. Rev. 439 (2007-2008),‖Legal Aspects of Space Tourism‖
 Cohen Erik, 06 Oct 2016 ―The paradoxes of space tourism‖ Pages 22-31

SAMPLE PILOT SURVEY
NAME-
AGE-
CLASS/ EDUCATIONAL QUALIFICATION-
IT IS HEREBY DECLARED THAT THE INFORMATION GATHERED WOULD BE
USED ONLY FOR RESEARCH PURPOSES. IT SHALL BE KEPT WITH UTMOST
CONFIDENTIALITY AND THE OPNIONS SHALL BE ANONMOUSLY AND
HUMBLY BE SHARED
1) ARE YOU AWARE OF THE TERM AND CONCEPT OF ―SPACE TOURISM‖?
A) YES
B) NO
C) CAN’T RECALL
2) IF GIVEN AN OPPORTUNITY WOULD YOU BE WILLING TO MAKE A SPACE
TOUR?
A)YES
B) NO
C) NOT DECIDED YET
3) WOULD YOU BE WILLING TO BECOME AN ASTRONAUT IF GIVEN
OPPORTUNITY?
A) YES
B) NO
C) NOT DECIDED YET

4) IF GIVEN A CHANCE AND OPPORTUNITY WOULD YOU BE WILLING TO
BECOME A SCIENTIST?
A) YES
B) NO
C) NOT DECIDED YET
5) IF YOU HAVE ANSWERED YES TO THE PREVIOUS QUESTION, WHAT ARE
YOUR REASONS FOR CHOOSING THE FIELD?
A) PERSONAL INTEREST
B) SERVICE TOWARDS THE NATION
C) OTHER REASON
ANY COMMENTS OR OPINION
SIGNATURE DATED

ARTIFICIAL INTELLIGENCE
IN THE WITNESS BOX
CHERRY KUSHWAHA
GHARUN , MOHALI

ABSTRACT
The times are gone when letters were delivered through birds, today we can just drop a
voicemail. The artificial intelligence has evolved over the past century so much that now literally
fingerprints unlock your safes. But have you all wondered if it was necessary? Could it bring
enhanced dangers of fingerprint copying ? the debate of technology as boon or bane is a century
old debate now. allow thy author to take you on a humble tour of experiments and pilot surveys
to get an insight on some data. Putting forth suggestions and satiating your soul through an
upturn of hypothetical situations, whilst mentioning the realities and current provisions. Also
digging an insight into the international scenario, artificial intelligence brings its own uses and
harms, humbly laid for your benign consideration by the author. Also the paper is a humble
attempt towards an interdisciplinary study, with amalgamation of psychology and laws.
Without much ado, I hereby present before you the humble paper.
KEYWORDS- artificial intelligence, interdisciplinary study, pilot survey, science, law,
medical negligence, robotics, computers, international scenario

INTRODUCTION
As the humans evolved and progressed over the ages , so did the technology. starting with a
tribute to the intelligence of human mind, to create artificial intelligence in computers and other
forms like the robotics which can easily accomplish the most arduous of tasks in today’s world.
Where a human voice can be tapped, operations of human relied on computer device monitoring
and iris scanning facilities are at our beck and service, the question arises, has artificial
intelligence1
has the power to over power human intelligence?
Before predicting derivations, lets firstly appreciate the zones where artificial intelligence has
shown commendable capability. Ranging from medical science to astronautics, its proven that in
present times it has become indispensible.
From era where telephones and landlines were a miracle, we have reached to times where
recording voices over mobiles is a casual process. Where article 51-A(h) of constitution,
empowers us to develop a scientific temper, as a fundamental duty2
, the achievements of ISRO
in the recent decades have proven the mettle of artificial intelligence.
Before reaching over decisions allow the humble author to take you on ride to some more
capabilities, artificial intelligence posses today.
 World war 3
 Large scale mass killings/ (with recent being the covid , which with all due respect to
each nation, has raised questions to intelligence of those who can create artificial
intelligence
 Robots3
leading to dominance of humans in cases of humanoid creation
 Crimes which could not have been committed and are hardly covered by IPC, are
common now.
Allow your author to put you in some hypothetical situations, to help understand my
humble viewpoint.
1
A term coined in mid 1950s by McCarthy
2
Part 4-a of the constitution
3
created in the early 1950s by George C. Devol, an inventor from Louisville

HYPOTHTICAL SITUATIONS-
Situation 1- a person receives access to voice recordings of someone and has the capability of
modulating vice through artificial intelligence software. He sends threatening calls to a
number of people in person x’s voice or commits any other crime. Who is to be blamed in such
situation? The negligent man, who was careless enough to not protect his voice recordings aptly?
Artificial intelligence? Security personnel? Or artificial intelligence again for not being able to
track the offender in time?
Situation 2- A person x gets access to the nations missiles and other nuclear weapons, through
hacking and misdirects them to kill masses. Who is liable, the hacking software maker? Hacker4
?
Medical science for testing missiles and makng nuclear weapons or artificial intelligence again,
to not being efficient enough to protect the hacking
Situation 3- A doctor in all good will and committing no medical experiment, conducts an
operation, relying on science based computer monitoring. Due to 1% error in the computer
system, the operation gets failed and patient dies. Who is responsible?
Situation 4- A private hospital, relying largely on the skills of doctors, who have genuine
experience in dealing with equipments, brings new technogicial equipments, launched recently,
the doctor commits an error handling the new gadget of which he has no prior training, resulting
in harming of a patient. Who is responsible? Hospital for not providing adequate training?
Medical board, for not setting up enough norms before allowing hospitals and doctors to deal
with new invention or just the negligent doctor?
Situation 4 – nation x has artificial intelligence which it does not provide to some nation y owing
to differences and broken treaties. Sanctions and votes are put forth against nation x by all other
nations. Nation x develops the artificial intelligence to counter the one already sold by it to
nations, to maintain its supremacy and force other nations to remove the sanctions and again fall
into trap of multilateral treaties.
Situation 5- person A commits a crime in nation x, and seeks refuge into another nation z, where
through medical procedures he changes his appearance and facial structure, making it difficult to
detect him.is the security of nation x and y liable for letting that person evade? Is the medical
practitioner to be blamed for no prior enquiry or is the medical procedure guilty?
4
origin of the term ―hacker‖, relates to extremely skilled individuals practiced hardcore programming in FORTRAN and other older
languages

Though there seems to be no typical yes/ no answer to these situations, it is humbly requested to
contemplate further before taking sides number of people in person x’s voice or commits any
other crime. Who is to be blamed in such situation? The negligent man, who was careless enough
to not protect his voice recordings aptly? Artificial intelligence? Security personnel? Or artificial
intelligence again for not being able to track the offender in time?
Situation 2- A person x gets access to the nations missiles and other nuclear weapons, through
hacking and misdirects them to kill masses. Who is liable, the hacking software maker? Hacker5
?
Medical science for testing missiles and makng nuclear weapons or artificial intelligence again,
to not being efficient enough to protect the hacking
Situation 3- A doctor in all good will and committing no medical experiment, conducts an
operation, relying on science based computer monitoring. Due to 1% error in the computer
system, the operation gets failed and patient dies. Who is responsible?
Situation 4- A private hospital, relying largely on the skills of doctors, who have genuine
experience in dealing with equipments, brings new technogicial equipments, launched recently,
the doctor commits an error handling the new gadget of which he has no prior training, resulting
in harming of a patient. Who is responsible? Hospital for not providing adequate training?
Medical board, for not setting up enough norms before allowing hospitals and doctors to deal
with new invention or just the negligent doctor?
Situation 4 – nation x has artificial intelligence which it does not provide to some nation y owing
to differences and broken treaties. Sanctions and votes are put forth against nation x by all other
nations. Nation x develops the artificial intelligence to counter the one already sold by it to
nations, to maintain its supremacy and force other nations to remove the sanctions and again fall
into trap of multilateral treaties.
Situation 5- person A commits a crime in nation x, and seeks refuge into another nation z, where
through medical procedures he changes his appearance and facial structure, making it difficult to
detect him.is the security of nation x and y liable for letting that person evade? Is the medical
practitioner to be blamed for no prior enquiry or is the medical procedure guilty?
Though there seems to be no typical yes/ no answer to these situations, it is humbly requested to
contemplate further before taking sides
5
origin of the term ―hacker‖, relates to extremely skilled individuals practiced hardcore programming in FORTRAN and other older
languages

ELECTRONICS MEDIA – SOURCE OF INFORMATION DISSEMINATION OR
IDEAS FOR CRIMINALS?
An undeniable effect of social media, crimes series and movies, has been the effect on the
mindset of people. Not just giving the gullible and criminals ideas for perpetrating crime, it has
effected the psyche of masses at large as well.
To prove thyself, I hereby present before your witness, the experiments conducted. but before
proceeding towards them, allow thyselves to delve in some mind jogging through visualisation of
international scenarios. The author most humbly submits that the twist of laws, of just putting
disclaimers before crime movies enough ?
Is the procedure elucidated, a hint for caution, or hint for planning a crime?
Who is to be blamed in the end? Movies? Society? Parental indiscretion? Even more importantly
whats the solution? Banning everything or censoring it more?
THE INTERNATION SCENARIO:
Where on one we are scared from crime series to threats of world war, artificial intelligence has
brought us some hopes for the future which definitely cannot be overlooked:
 Freezing dead6
in hope of revival at later stage
 Probability of life on other planets
 Possibility of communication with aliens7
 In-vitro fertization8
and egg freezing methods9
for women
 Detecting paranormal activities and sounds and recording them
 Possibility of genetic mutation in plants and animals( hopefully in humans too in future,
though it may have its own pros and cons)
6
Cryonics uses temperatures below −130 °C, called cryopreservation, in an attempt to preserve enough brain information to permit the
future revival of the cryopreserved person.
7
Also termed as SETI( search for extra terrestrial intelligence
8
During IVF , mature eggs are collected (retrieved) from ovaries and fertilized by sperm in a lab.
9
a method used to save women's ability to get pregnant in the future. Eggs harvested from your ovaries are frozen unfertilized and stored
for later use

EXPERIMENT 1
Two groups of participants , all between the age of 20-30 were taken in batches of 20 people
each. The control group was shown a rom com and other was shown a scientific sci-fi movie.
After the end of movie, both groups were asked to jot down the key points of movie as
remembered. The controlled group remembered the emotions whereas the other group seemed to
be in more imaginative zone and lured towards the technology and if given chance to try their
hands on it,without second thought, aping the movies shown
(these experiments have been conducted in collaboration with ms Vinita joshi, M.A. Psychology,
and due caution has been taken to not let other independent variables interefere with the findings
and results of the experiment)
( it is worth mentionable here that not only the subjects were duly informed of the experiment
procedure but also given the surety of anonymity as to names and confidential information
gathered)
However it is pertinent to point out the drawbacks of this experiment here only-
 Different age groups have not been compared inthis experiment owing to paucity of
funds and lack of time( for which the author meekly apologises).
 Strata had been chosen through random sampling, ousting patients with previous
psychological diseases, however, it is submitted that a comparison with that group
could not be undertaken without previous consent of proper authorities.
 Teenagers have not been included in the study.
 A comparison, of rural and urban population has not been conducted yet , which
hopefully thy author shall cover in the next research paper
LEGISLATIONS AND PROVISIONS-
It would be unfair to not include the reference of legislative enactments, which have definitely
put fetters to the misuse of artificial intelligence
 Provisions of 354-D IPC10

 Atomic energy act ,1962
 Cybercrime prevention act, 2012
10
Stalking.--(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication
of disinterest by such woman; or

 Besides, on the international scale, ICGP (international conference on peace and
development as well as the articles of UN charter are thoughtfully formulated to
prevent misuse of artificial intelligence by any nation.
 But the point remains, are the legislations enough?
Allow thy humble author to take you through to second experiment to help shed more light on
the scenario.
EXPERIMENT 2
2 groups of 20 participants each were taken again. Both between the age group of 20-30 years.
Both were given a 5 page long article . the control group had to rewrite it with pen and paper
whereas the other group had to type the same.
The latter group reported more exhaustion but better satisfaction of replication of data where the
control group reported lesser exhaustion but no elation.
(it is submitted that the findings have only been used for the purpose of research and the same
had been assured to all the participants.)
Thy author did not hurry to draw conclusions here as well, as the above mentioned drawbacks
have hindered the present experiment as well.
To help understand the ironical twist amalgam of both, a pilot survey was conducted as well.
PILOT SURVEY-
People belonging to backgroups of science, law, teaching, engineering were divided into group
of 25 each (all participants belonging to tricity and ranging between 25-30 years of age)
The information and statistics derived have been mentioned forthwith.
(a sample survey has been attatched at the end of the paper)

awaress of the term and concept
"artificial intelligence"
aware unaware
23%
77%
65% 76%
77%
23%
35% 24%
science law engineering teachingg
is artificial intelligence dispensible in today's
era?
dispensible indispensible Column1
24%
27%
97% 88%
76%
30%
3%
science
12%
law engineering teaching
Fig 1 Awareness of the term and concept of ―artificial intelligence‖
(After familiarilizing all with the cncept and meaning , the survey was taken ahead)
Fig 2 Perspective on dispensability of artificial intelligence
While the survey was shedding light on interesting facts and statistics, the author with utmost
humility requests to consider the geophrical limitations under which the pilot survey has been
conducted
(only urban literate population could be surveyed owing to paucity of time)

is artifical science leading to more crimes?
positive correlation no correlation
120%
100%
80%
60%
40%
20%
0%
science
law
engineering
teaching
sufficiency of present laws to deter harm
from artificial intelligence misuse?
yes no can't say
19
13 7
5
2
12 7
106
4 6 9
science
law
engineering
teaching
Fig 3 Corelation of crime and artificial intelligence
Fig 4 Satisfaction with current law of people of different back grounds

should these be censorship on criminal
procedures and medical procedures shown in
movies and media?
can"t say no yes
5
teaching 4
16
3
engineering
5
17
4
law 5
16
8
science 5
12
Fig 5 Social mindset on procedures elucidated in social media
THE PREDICAMENT OF ARTIFICIAL INTELLIGENCE:
Artificial intelligence is created by humans, but works against humans too what could be the
possible cause?
 Misuse due to ignorance and illiteracy
 Criminal elements of society
 Cleverly designed technology with loopholes
 Mad race of nations to supercede others in fear or for dominance
Iit is humbly submitted tat as no one person or nation is to be blamed , so in case of
reasons. One reason. While the essays we get get reminded of the science as a boon or
bane, artificial intelligence is ultimately not the criminal, though it might be a weapon at
times
PUTTING FORTH SUGGESTIONS:
Artificial intelligence cannot be done without but the author humbly puts forth some suggestions
to curb misuse-
 No new technological development should be launched in market until its
loopholes can be countered with another one

employing per
setting international
standards as to
accuracy of robotics
and the like, before
masses adapt to
what is available in
the market
making the masses
aware of the hazards
and precautions whie
using any new
technological
innovation
sonnel from
all fields in a seperate govt
department
 There should be international standards for all nations for testing and experiments
 The cyber cells of police should be equipped better
 Stringent penal laws should be added to deter hackers and other misusers of
artificial intelligence
 Cases of medical negligence should be probed into and a special procedure should
be laid down for the same
 Governments should employ and train personnel in artificial intelligence, hacking,
tracking and tracing to catch the criminals red handed
PLAN OF ACTION:
It is rightly said that only suggestions and opinions serve little purpose unless there are proper
ways to implement the guidelines and plans:
Te author hereby humbly lays before you a proposed action plan for better handling of artificial
intelligence hazards-
Fig 6 Proposed POA 1

mandatory training in use
of artificial intelligence as
required by profession
awakening masses of the
laws, eg 354-c, 354-D IPC
conducting research as to
ascertain the root causes of
misuse of aritificial
intelligence
HUMBLE REVIEW OF THE RESEARCH PAPERS MENTIONED BY THY
AUTHOR:
Whilst thy author takes the liberty to say that most of the research papers, (mentioned at the end),
have dealt with the uses of artificial intelligence, specially in the medical field. Some have even
covered the cases of medical negligence. With all due respect to all the researchers thy author
humbly submits that the field of artificial intelligence is vast. Thy author being a lawyer herself,
is more inclined towards the criminal aspectand hazards that artificial intelligence can create.
Still it is pertinent that the topic be looked at not just from one view point but encompass
interdisciplinary study.
While artificial intelligence can prolong the life of humans (in form of automated ventilators),
make life easier, through invention of robots, alexas and echo dot systems, the hazards that it
may pose in future, cannot be overlooked, as they say ―prevention is better than cure‖ so thy
author recommends that Mindfulness, Awareness , Security and Systemization (MASS) are the
keys to successful and beneficial use of artificial intelligence systems. With this thy author
humbly concludes the paper and seeks forgiveness for any errors and differences of opinions.
ACKNOWLEDGEMENT

REFERENCES:
 Ann R Coll Surg Engl. 2004 Sep,‖ artificial intelligence in science‖; 86(5): 334–338
 McCarthy jones, what is artificial intelligence‖2007
 Computer Science Department Stanford University Stanford, CA 94305
 L. A., & Trigg, R. H. (1993). Artificial intelligence as craftwork. In S. Chaiklin & J. Lave
(Eds.), Understanding practice: Perspectives on activity and context (pp. 144–178).
Cambridge University Press.
 The Indian penal code,1860
 The constitution of india,2015 (one hundredth amendment)

SAMPLE PILOT SURVEY
Name-
Age-
Profession-
IT IS HEREBY DECLARED THAT THE INFORMATION GATHERED WOULD BE
USED ONLY FOR RESEARCH PURPOSES. IT SHALL BE KEPT WITH UTMOST
CONFIDENTIALITY AND THE OPNIONS SHALL BE ANONMOUSLY AND
HUMBLY BE SHARED.
1) Are you familiar with the term ― artificial intelligence‖?
A) Yes
B) No
2) Is artificial intelligence dispensible in todays time?
A) Yes
B) No
3) Is artificial intelligence leading to more crimes?
A) Yes
B) No
4) Do you think current laws on artificial intelligence are sufficient and
proper?
A) Yes
B) No
C) Can’t say

5) Should there be censorship on procedures of crime and science
shown in movies and media?
A) Yes
B) No
C) Can’t say
D)
Any opinion/ comment
Signature Date

COMMERCIALISATION AND PRIVATIZATION OF
EDUCATION: SELLING EDUCATION OR
SPECIALIZATION A TONN?
CHERRY KUSHWAHA
GHARUAN, MOHALI

ABSTRACT-
The concept of education has evolved from the era of gurukuls and study of vedas to the modern
times of hybrid and standardized studies. The competition scale is international. Pressure to
deliver the best is on the institutions, mad race for grades burdens the students mind and worried
parents are willing to pay any price for their children’s’ career. In view of the same, allow thy
author to take you on a humble tour of the policies of commercialization and privatization of
education, whilst drifting through the terrains of hypothetical situations and some pilot surveys.
Thy author humbly submits a few suggestions and plans of actions for thy benign consideration.
Whilst adding the critical notes as well. With this allow thy author to start the humble research
paper without much ado.
KEYWORDS- education, commercialization and privatization, article 21-A, interdisciplinary
study, law, article 29 and 30 of constitution, students, schools, study

INTRODUCTION- the provisions of commercialization and privatization of education, find
their roots in the changing financial policy of 1990’s. though article 21-A1
of our constitution,
article 462
and article 293
and 304
, respectively make provisions for education of the children and
provide for relaxation of the minorities, giving the state space for making beneficial legislations
for them. the questions that arise , still make the predicament even more complicated.
 Has commercialization of education made the quality education inaccessible for the
weaker section?
 Has privatization and commercialization actually led to betterment in quality of
education?
 Is it fair to all the education though falling in state list5
, higher education is governed by
UGC6
norms?
 is it just the pressure of international competition that is leading to private and
commercial institutes to run after UGC accreditation?
 Are the institutions actually following these norms?
 Are the norms of UGC fair enough in themselves?
Whilst these and many more questions boggle the mind, allow thy author to shed light to some
more angles of the scenario before forming conclusions.
1
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and
compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may,
by law, determine.
2
"The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in
particular, of the Scheduled Castes and the Sche- duled Tribes, and shall protect them from social injustice and all forms of exploitation."
3
1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own
shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
4
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their
choice
(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and
administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for
the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause
(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is
under the management of a minority, whether based on religion or language.
5
Seventh schedule,of constitution of india
6
University grants commsion,(a statutory body)

TAKE OF THE COURTS:
 Whilst the hon’ble SC and many high courts have passed a number of landmark judgement,
ranging fron unnikrishnan’s case7
to T.M.A Pai foundation case8
. There also have been
judgements , reserving 25% seats for poor strata in private institutions9
(except minority
institutions) and exclusion of creamy layer from reservation10
.also the hon’ble SC has upheld
in a vast majority of judgements that charging of capitation fee and excessive tution fee
against the norms11
.the enactment of legislations like RTE12
, and The central educational
institutions(reservation in admission) act, 2006 have ensured that legislature supports the
cause too. but then there arise even more questions:
 Why is it that the equilibrium of educations differs in private and government institutions?
 Is the lack of funds to blame or lack of legislative intent?
 What facets will the next decade bring going by the current disparity scenario?
 Has the poor student been victimized by luggaging him with courses or is student becoming a
consumer and taking educational system lightly?
 Are the teachers in private institutions and governmental institution far apart in their
approach? Are the salary differences to be blamed?
Thy author humbly requests you to consider the following hypothetical situations, before
forming opinions
7
The case was a string of Writ Petitions and Civil Appeals filed before the Apex Court of the country. The matter under debate was on
the determination of the extent of Article 21 i.e., the 'Right to Life and Personal Liberty' under the Constitution of India.
8
The majority opinion delivered by 6 Judges held that only the State can determine the status of a religious or linguistic minority and
religious and linguistic minorities, who have been put on a par in Article 30, have to be considered State-wise.
9
T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002
10
The term "creamy layer" was first used during the 1992 Supreme Court judgment (Ind ira Sawhaney v. Union of India[2]) on the
Mandal Commission recommendations asking for 27% reservations for other backward classes (OBCs) in central government jobs.
While the Supreme Court meant that the more privileged among the backward classes do not dominate the reserved categories, the bare
bones of the criteria for judging the creamy layer was left with the state governments.
11
Miss Mohini Jain vs State Of Karnataka And Ors on 30 July, 1992
12
The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India
enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6
and 14 in India under Article 21a of the Indian Constitution. India became one of 135 countries to make education a fundamental right of
every child when the Act came into force on 1 April 2010.

Situation 1- a government aided institution x provided low quality education, but ensures giving
higher marks to students and organizing innumerable fests and functions to ensure that its
NAAC13
accreditation and rank are maintained who is liable?
Situation 2- a student x scoring high marks, but not topping the lists, is unable to afford the
private institution and doesn’t even fall in the ―poor category‖ to get benefit of reservation. Who
is liable?
Situation 3- in a rush for collecting entrance fees, a governmental agency X conducts large scale
examination, knowing that only a limited number of seats would be available, students try their
luck and test their hard work, year after year and ultimately become overage and get disqualified.
Who is liable?
Situation 4- in the garb of COVID some political parties, back up the opinion of conducting
exams and opposition opposes the view, matter becomes politicized and delays the conduct of
examination. Student x in frustration and anxiousness commits suicide before courts
intervention in the matter. Who is liable14
?
Situation 5-a private institution charges high fees, gives excellent quality of education but takes
ardous labour of the teachers, though they are paid well. Teacher x unable to leave job owing to
requirement of finances but unable to take the toll healthwise, commits suicide. Who is liable?
It is humbly submitted by thy author that there is no dearth of such hypothetical situations, some
of which may have real life incidents similar to them but what is the solution?
Thy author humbly requests you to consider the following pilot survey, before we proceed
towards forming opinion
14
The given hypothetical situation does not intend to target any political party or person
13
National Assessment and Accreditation Council (NAAC)
14
The given hypothetical situation does not intend to target any political party or person

are you satisfied with your pay
scales?
yes no somewhat content
private school teachers government school
teachers
PILOT SURVEY 1
For the purposes of this survey, 5 field workers administered a questionnaire to 100 teachers of
private and government institution, (selected randomly from tricity). Also a sample of
questionnaire is attached at the end of the paper. Thy author submits that utmost confidentiality
has been maintained as to identity of subjects. But before proceeding towards the data and
statistics derived, thy author seeks humbly apology and draws your kind attention to the
drawbacks of the survey:
 Owing to paucity of time and money only teachers could be included in the survey
(professors and university faculties have been excluded) (thy author pleads that the next
paper shall hopefully try to encompass them too)
 Teachers from only the tricity have been covered and geographical limitations make the
interpretation of the surveys difficult. (hopefully a larger study or theses covers the rural and
urban differences too)
 Many teachers chose to remain silent of some issues, thereby forcing thy author to discard
those surveys, which meddled the random sampling procedure.
Fig 1 Satisfaction levels from pay scales
19 25
46 32
35 44
Fig 2 Teachers take on study material

would you change institution if given better
oppotunities?
yes no no comments
100
80
60
40
20
0
private school teachers
government schcool teachers
Fig 3 Satisfaction levels from job
should there be changes in the textbooks
of students?
yes no no comments
48
45
31
24 23
19
private school teachers government school techers

do you think that students require extra
coaching from elementary stage?
yes no no comments
33 54 32
43 24
14
private school
teachers government school
teachers
Fig 4 Teachers take on tuitions
Thy author humble submits that before coming to conclusions, kindly consider the
second pilot survey.
PILOT SURVEY 2
For the purposes of this survey,100 students of private and government schools, of 12th
standard
were randomly selected and administered a questionnaire by 5 field workers.
It is submitted that the confidentiality clause has been strictly adhered to though the students
seemed to care less about it
Allow thy author to draw your attention towards the drawbacks of this survey:
 Owing to paucity of time only students from 12th
standard were included and not from
other grades
 The study is restricted to urban area of tricity
 The field workers adept in field of law, did not belong to background of psychology, to
better apply participant observation techniques.

do you think classroom study is suffient?
yes no can't say
54
44
33
23 25
21
students of private school students of governmental school
choice of field after 12th ?
graduation diploma undecided medical/engineering/law
34
22
15
10
22 38
34
25
private school students government school students
Fig 5 Students take on coaching
Fig 6 Degree vs diploma

satisfied with available combination of
subjects
students of private school students of government institution
44%
56%
availing any scholarship?
yes no
98
87
2
13
students of private school students of government school
Fig 7 Satisfaction with current study material
( for the purposes of fig 7, students of group A and B hve been cumulatively
counted)
Fig 8 Scholarship availing strata

A CRITICAL TAKE:
The data above points to many anticipated questions. Education Is the policyto blame? Is the lack
of awareness to blame for students lesser interest in studies?
Has the mad race of gaining degrees blinded the parents too. Thy author submits that the answers
to these questions are left open ended to the reader’s viewpoint. It is submitted that a much wider
study to encompass the views of parents and rural area students is important too. Blaming the
education system wont serve the purpose. Every tryst calls for a change, which is brought by
either a change of ideology or change of actions.
(What is crucial as per the author’s view point is mentioned in suggestions section)
PROPOSED SUGGESTIONS:
Though a lot has been accomplished in the education field, yet more needs to be done. Thy
author proposes the following humble suggestions for the benign consideration of your humble
selves:
 Census survey for requirement of changes in education policy and spreading awareness
about programmes of skilled courses by government
 Bringing more opportunities for students of all backgrounds to avail government schemes
and scholarships, more importantly raising awareness about the present ones.
 Taking stringent action against institutions with track record of failing students at large
for monetary consideration
 Providing incentives to both government and private teachers in non monetary form to
encourage them
 Making it mandatory for every school and college to have a counseling cell
 Enacting a quasi criminal legislation against institutions exploiting students / parents and
not adhering to UGC norms.
PROPOSED PLAN OF ACTION:
The parents visualize the education as their wards future career building source, teachers view it
as a source of income, students perceive it as routine .thy author humbly proposes the following
plan of actions for better achieving the goal of standardization of education:

ensuring exchange of language based
education across states by legislature to bring
more uniformity
making stringent laws against teachers making
education a money making business through
coaching whilst ensuring increase in pays
uniformly
awakening the students about their rights,
while at the same time not making them
consumers in strict sense
Fig 9 Proposed POA1
FIG10 Proposed POA 2
A
T
UGC
LEGISLATURE
JUDICIARY

DRAWING HUMBLE REVIEW OF THE PAPERS MENTIONED IN
REFERENCES:
Whilst thy author could find few research papers on the topic at hand, it is humbly submitted that
most of them dealt with the pros and cons of privatization and commercialization.
There is no dearth of literature review based studies, papers and researches focusing on factual
data are less. Not being critical of the other authors, thy author humbly submits that the studies
throw ample light on the various benefits and drawbacks of commercialization and privatization
of education, as the same time pros and cons of non commercialization of the same and available
solutions in the light of global scenario are applaud worthy.
Education is a fundamental right of every child. Even international conventions15
have also tried
to address the issue of education for all via various treaties, but quality of education,
interrelationship of not just poverty with education but also skill training and standardization of
education are need of the hour. self sustaining courses provided by institutes might be a new
advent in this direction but how well they work out on the pockets of the parents and students is
a different story altogether. The need is to find the balance which satisfies all, suits all- parents,
children, teachers, international standards and institutions. Whilst hoping for the best from the
coming era, thy author optimistically concluded the paper.
ACKNOWLEDGEMENT
pertinent to state that the views expressed are not intended to offend any person or community.
1
UNESCO Convention against Discrimination in Education (1960), International Covenant on the Elimination of All Forms of Racial
Discrimination (1965), International Covenant on Economic Social and Cultural Rights (1966)

REFERENCES:
 Hogan, Anna, and Greg Thompson. "Commercialization in education." Oxford research
encyclopedia of education. 2017.
 Molnar, Alex. "The commercial transformation of public education." Journal of Education
Policy 21.5 (2006): 621-640.
 Obenchain, Kathryn M., and Julie L. Pennington. Educating for critical democratic literacy:
Integrating social studies and literacy in the elementary classroom. Routledge, 2015.
 Mascini, Peter, and Sjaak Braster. "Choice and competition in education: Do they advance
performance, voice and equality?." Public Administration 95.2 (2017): 482-497.

SAMPLE PILOT SURVEY 1
NAME-
AGE-
OCCUPATION-
NAME OF INSTITUTION-
IT IS HEREBY DECLARED THAT THE INFORMATION GATHERED WOULD
BE USED ONLY FOR RESEARCH PURPOSES. IT SHALL BE KEPT WITH
UTMOST CONFIDENTIALITY AND THE OPNIONS SHALL BE
ANONMOUSLY AND HUMBLY BE SHARED.
1) ARE YOU SATISFIED WITH YOUR CURRENT SALARY/ PAYSCALE?
A) YES
B) NO
C) SOMEWHAT SATISFIED
2) DO YOU THINK THERE IS NEED FOR CHANGE OR AMENDMENT IN
TEXT BOOKS OF STUDENTS?
A) YES
B) NO
C) NO COMMENTS

3) WOULD YOU LIKE TO CHANGE INSTITUTION/PLACE OF WORK IF
GIVEN BETTER OPPORTUNITY?
A) YES
B) NO
C) NO COMMENTS
4) DO YOU THINK THAT COACHING SHOULD BE PROVIDED TO
STUDENTS FROM AN EARLY AGE?
A) YES
B) NO
C) NO COMMENTS
SUGGESTIONS/ OPINION, IF
ANY
SIGNATURE DATED

SAMPLE PILOT SURVEY 2
NAME-
AGE-
CLASS-
SCHOOL-
IT IS HEREBY DECLARED THAT THE INFORMATION GATHERED WOULD
BE USED ONLY FOR RESEARCH PURPOSES. IT SHALL BE KEPT WITH
UTMOST CONFIDENTIALITY AND THE OPNIONS SHALL BE
ANONMOUSLY AND HUMBLY BE SHARED.
1) DO YOU THINK CLASS ROOM STUDY IS SUFFICIENT?
A) YES
B) NO
C) CAN’T SAY
2) WHAT IS YOUR CHOICE OF EDUCATION AFTER 12TH
?
A) GRADUATION
B) DIPLOMA
C) UNDECIDED
D) SPECIALIZATION COURSE(LAW/MEDICAL ETC)

3) ARE YOU SATISFIED WITH THE COMBINATION OF SUBJECTS
AVAILABLE?
A) YES
B) NO
4) ARE YOU AVAILING ANY SCHOLARSHIP?
A) YES
B) NO
SUGGESTIONS/ OPINION, IF
ANY
SIGNATURE DATED

ETHICS AND LAW : A REVIEW OF HYBRID
FIELD AND PAPERS
CHERRY KUSHWAHA
GHARUAN, MOHALI

ABSTRACT:
the relationship between ethics and morals is a much debate jurisprudential concept whilst
different ideologies evolved in different ages, this paper attempts to review the 30 top cited
research papers available on Google scholar on law and ethics and attempting to interpret them
in view of the similarity and differences of their content. (The papers have been studied below in
depth and summarized in the same chronological order as given in references). It is pertinent to
mention that the humble attempt of the author targets a few questions. Whilst an attempt has
been to cite the jurisprudential theories in footnotes, thy author apologizes in advance for any
lapse. Also thy humble author pleads that the present review is not an attempt at
undermining the work of any author but only for research purposes. Thy author humbly
respects the opinion of all the authors as expressed in the research papers.
KEY WORDS:ethics, law, morals, review, top cited 30 research papers, jurisprudential theories,
review paper, interdisciplinary study

INTRODUCTION:
the relationship of ethics and morality with law has been seen through different perspectives by
different jurists.some consider them as over lapping field, some theories hold opinion that there
is no positive correlation b/w ethics and laws. Salmond1
saw law as the command of the
sovereign, whilist hobbes2
and saw it as natural law. Blackstone3
saw law in light of judicial
decisions, whilst others attempted to define their perspectives, there arise a few question, (which
shall hopefully be covered by author in another research paper) as for now, thy author draws
your benign attention towards the review of papers mentioned below in light of judicial theories
REVIEW OF PAPER 1:
Whilst the theories of Bentham4
,Mill5,
aristotle6
and Kant7
have been beautifully explained in the
paper the by the author the paper remains a theoretical attempt of old literatures review. No
primary data collection techniques have been applied nor has any attempt been made to evolve
any new jurisprudential concept, though an attempt at reconciling scattered opinions has been
made at towards the end. It is pertinent to mention that as a historical study, the reaserch paper is
explicitly authored.
REVIEW OF PAPER 2:
This paper brings a fresh breath as air as the introductory session being the personal opnions of
the author captivate the imagination immediately, however the paper sees the concept in
normative8
and differentiates it with descriptive theory9
the paper emphasis on the theorities
1
According to Salmond law consists of the rules recognized and acted upon by the courts of justice. He defined law in the abstract sense.
It also brings out also the ethical purpose of law. Law is an instrument of justice and idea is prominently brought out in the definition of
Salmond
2
For Hobbes, law was the primary instrument of a sovereign by which to serve the ends of government, which were principally peace
and the personal security of all its citizens.
3
Neither could any other law possibly exist: for a law always supposes some superior who is to make it; and in a state of nature we are
all equal, without any other superior but him who is the author of our being.
4
Bentham is popularly known for his theory of utilitarianism which has more emphasis on individualism. According to him the main
function of law is to make free the individual from the bondage and restraint upon his freedom.
5
the ethical theory of John Stuart Mill (1806-1873) is most extensively articulated in his classical text Utilitarianism (1861). Its goal is to
justify the utilitarian principle as the foundation of morals. This principle says actions are right in proportion as they tend to promote
overall human happiness.
6
Aristotle intends the law to inculcate virtue in coordination with other parts of the social fabric, including the household and social
customs. Yet Aristotle also believes laws, including laws about moral education, should conform to the goal of the constitution.
7
Kant holds that if there is a fundamental law of morality, it is a categorical imperative. Taking the fundamental principle of morality to
be a categorical imperative implies that moral reasons override other sorts of reasons. You might, for instance, think you have a self
interested reason to cheat on exam.
8
normative ethics, that branch of moral philosophy, or ethics, concerned with criteria of what is morally right and wrong. It
includes the formulation of moral rules that have direct implications for what human actions, institutions, and ways of life should be like.
9
Morality in a descriptive sense may be defined as a code of conduct endorsed and adhered to by a society, group or—much less
frequently—individual. Moral codes in this sense will, therefore, differ both from society to society, within societies, and amongst
individuals.

ground, not on ground of juristic opinions. However, thy author admits the language of paper is
full of jargons and difficult wordings have been used.
REVIEW OF PAPER 3
Simply worded and explicitly opinionated view of the author are laudable. The critical take on
theories such as those of Kant, seem full of logic and are an addition to the valuable literary field.
Howsoever thy humble author missed the hypothetic approaches and cross comparison of all
leading jurisprudential theories in the paper.
REVIEW OF PAPER 4
THE APPROACH OF THE PAPER EMCOMPASSES the primitive times and the author has
beautifully maintained the comparative and ideological and hypothetical sides to ethics and law
(thy author wishes to read the full book and has already saved it)
REVIEW OF PAPER 5
AS the name goes, the paper is a direct cumulation of moral ethics vs taxation ethics, replete
with ethical suggestion in tax minimization, the paper remains a specialized study of the vast
field and does not cover the jurisprudential are. This interdisciplinary approach is undoubtedly a
paper worth appreciating though thy author missed the mention of legal sections and provisions,
(being from the background of law myself)
REVIEW OF PAPER 6
Beautifully edited , research paper( extract of it rather), encompassing the positivistic premise10
and libertarian premise11
and beautifully merging the two in the concluding section, thy author
misses having not read the whole book, the books simultaneously proceeds with the review of
punishment and its evolvement through the British times.
REVIEW OF PAPER 7
Though limited in the area of coverage of field , (focusing mainly on Kant’s ideology) the
distinguishing part of the paper remains the clearly sectioned methodology and views. Simply
worded, the paper is a nice attempt and easily comprehendible by the masses.
10
The basic premises of positivism are measurement, objectivity, and causality. Early positivist theories speculated that there were
criminals and non-criminals. Thus, we have to identify what causes criminals.
11
Libertarians seek to maximize autonomy and political freedom, and minimize the state; emphasizing free association, freedom of
choice, individualism and voluntary association

REVIEW OF PAPER 8
THE Paper is a beautiful attempt to show the amalgamation of law and ethics by giving replete
examples from the criminal procedure itself. The paper bring a merger of legal provisions and
ideology, too tempting to resist a reading
REVIEW OF PAPER 9
The extract or overview of the book itself will surely lure you to read it replete with the logical
approach and disciplinary study of role of ethics in medical cases and ethics and full of examples
in form of mathematical equations , yet easy to comprehend, the book is the best research work
in thy author’s opinion uptill now.
REVIEW OF PAPER 10
This paper is an amalgamation of old with the new. While laying the foundation of normative
theory from the jurisprudential aspect, explainaing the experimental approach, the paper
proceed to its implications in areas of intellectual property laws and information technology.
Though full of information the paper gets technical towards the end .also thy author missed the
footnotes.
REVIEW OF PAPER 11
Easily understandable and dealing directly with the concept of ethics the law, the research paper
is replete with footnotes and is comprehensive study , undoubtedly it finds a place in
international journal on ethics!
REVIEW OF PAPER 12
The paper though philosophical in nature, is easy to read version but thy author is surprised to
see the high citation number of 265 on the paper , with all due respect to the author, thy author
missed the legal perspective in the study which somewhere landed in realms of psychology
specific words and attempts an interdisciplinary approach
REVIEW OF PAPER 13
Study of ethics and morality is incomplete without mentioning roscoe pounds ideology12
coming
from his own pen, the research article s incomparable to the other for other are pieces of research
while roscoe pound is one of the names researchers study themselves.
RESEARCH PAPER 14
The paper deals with corporate law and company scenarios and the rules and code of ethics to be
applied in them. The given research paper is easily comparable on lines of paper 5 and 10. A
12
Pound's theory that interest is the main subject of law and the act of law is the satisfaction of human wants and desires. It is the
function of law to make a 'valuation of interests', in other words, to make a selection of socially more valuable interests and to secure
them.

specialized study I corporate field, the paper covers the views of author in easily comprehendible
manner
RESEARCH PAPER 15
A REMARKABLE EXTRACT FROM THE BOOK published by oxfords university press, the
book brought more ideologies of Grotius13
, Pufendroff14
, Fitch15
and Kant and is a
comprehensive study on the morals and their evolution through the ages.thy author humbly
admits that the jurisprudential concepts covered by the author are ancient, but so is the
relationship debate of law vs. morals and ethics.
REVIEW OF PAPER 16
The paper is one of the must read interdisciplinary approaches, with factual data,
comprehensively enumerating the ethic’s origin in American society and to present INDIAN
PSYCHIATRIC SOCIETY 1989) and its rules and codes.the paper is one its kind and its humbly
submitted comparing it with jurisprudential dominant papers would be unfair. The paper s replete
with data and on point wordings with no jargons.
REVIEW OF PAPER 17
17,15,13,6 and 2 were to be read together , the holistic jurisprudential approach to the ethics and
law would be complete and cover most of the historical, juridical and conceptual data.
REVIEW OF PAPER 18
Its pertinent to mention that the paper deals with natural law and ethics and further categorizing
them as paradigmatic16
and non- paradismatic were an enhancement to the knowledge of
terminogy of thy humble author. Simply worded and easily comprehendable paper, though it
lacks the mention of some other prominent theories.
13
Thanks to his work On the law of war and peace Grotius is considered to be the founding father of modern international law. His
active involvement in matters of state and religion caused resentment on the part of those in power, and led to his being imprisoned by
Prince Maurits in Loevestein Castle
14
Pufendorf presents as the 'fundamental law of nature' the imperative claim that ―Any man must, inasmuch as he can, cultivate and
maintain toward others a peaceable sociality that is consistent with the native character and end humankind in general.‖
15
https://www.google.com.sb/search?tbm=bks&tbm=bks&q=inauthor:%22Robert+Elliot+Fitch%22&sa=X&ved=2ahUKEwjZkdzL9cL3
AhWLFaYKHVx3ChwQ9Ah6BAgIEAQ
16
―the paradigmatic natural law view holds that (1) the natural law is given by God; (2) it is naturally authoritative over all human
beings; and (3) it is naturally knowable by all human beings. Further, it holds that (4) the good is prior to the right, that (5) right action is
action that responds nondefectively to the good, that (6) there are a variety of ways in which action can be defective with respect to the
good, and that (7) some of these ways can be captured and formulated as general rules‖.

REVIEW OF PAPER 19
Quoting the abstract of paper itself, thy author admits ignorance to the works of david Luban17
but the present work , being compilation of his works, thy author seeks humble apology for my
ignorant self on the great works of the author, as in case of paper 13 , it would be inappropriate
to draw comparison of this research paper.
REVIEW OF PAPER 20
One of the most cited papers uptill now with 576 citations, it’s a comprehensive analysis of
―morality‖ and links it with other fields and concepts including psychology and attempts
towardsdrawing a code of morality useful to all. This research paper needs no accolades for the
citations speak for themselves
REVIEW OF PAPER 21
THY author admits that this is the first article uptill now which has set the comparison of 2
contemporaries, hert and pascal18
in the most remarkable and explicit way. Set in the backdrop of
history, it’s a read worthy take on ethics, law morality and the opinion and circumstances of
jurists , philosophizing about it in their time .though thy author genuinely missed mention of
other prominent jurists, its understandable as it could have made the paper a historical biography
of many jurists
REVIEW OF PAPER 22
Published by journal of religious studies, the paper is one of its kinds. For it directly deals with
Islamic banking and the correlation of ethics, though the wording is easily comprehensible, it
covers a different genre of law (personal law) which has not been touched by other authors read
by thy humble reviewer up till now.
REVIEW OF PAPER 23
PUBLISHED by new York university press, the book and extracts of it are comparative analysis
of capitalistic society and the correlation of ethics. Though personally thy author feels the
working to be too technical and diction being used is apt for higher studies or professionals
17
David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such
topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the
lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice,
and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity and human rights. In addition to an
analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US
government lawyers who produced the notorious 'torture memos'. It will be of interest to a wide range of readers in both philosophy and
law.

REVIEW OF PAPER 24
WHILE QUOTING MANY PROMINENT AUTHORS the book deals with Nazism18
, and legal
perspective to the ethical world, though intriguing to read, the research paper is in the form of a
book which might get a too lengthy to red for the reader, but the author certainly missed
footnotes here.
REVIEW OF PAPER 25
MUCH akin in style of writing of previous reviw paper( both published by Cambridge university
press) the book and extracts of it are in a tour through the realm of ethics and morality but in a
philosophical manner, thy author submits that the search for a research paper, which does not
cause one to open dictionary is the still in process and probably the best style of writing in view
of thy author.
REVIEW OF PAPER 26
The access of preset book though costs a bit harsh scratch on the wallet but one of most
concisely written, clearly worded, efficiently edited piece of work, thy author has come across
uptill now. the research work and originality content of the author are highly appreciable
REVIEW OF PAPER 27
THIS RESEARCH BOOK being an original piece of jurisprudence by Leon Petrazycki19
himself, stands a class apart much like review paper 13 and 19 comparing the ones who
formulated jurisprudential concepts with the authors of today, would be a shameful act by
thy humble. Socio-psychic realm explored by leon petrazycki is his original contribution
to jurisprudence, reflection of which is explicit in the abstract itself.
REVIEW OF PAPER 28
―Conflicting claims of law and morality‖ is undoubtedly the more clear concise, well
edited anti-jargonistic book dealing with subject at hand directly without any inter
disciplinary interventions, the book is a recommended piece of reading from thy author’s
side. Explicitly elaborating on its name the book is accessible easily and free of cost too!
18
―pascal’s wager, practical argument for belief in God formulated by French mathematician and philosopher Blaise Pascal. In
his Pensées (1657–58), Pascal applied elements of game theory to show that belief in the Christian religion is rational. He argued that
people can choose to believe in God or can choose to not believe in God, and that God either exists or he does not. Under these
conditions, if a person believes in the Christian God and this God actually exists, they gain infinite happiness‖ as taken from
encyclopedia Britannica
19
David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such
topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the
lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice,
and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity and human rights. In addition to an
analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US
government lawyers who produced the notorious 'torture memos'. It will be of interest to a wide range of readers in both philosophy and
law

CONTRIBUTIONS OF EMMINENT JURISTS VS
RESEARCHERS
CONTRIBUTION OF EMMINENT JURISTS PRESENT DY RESEARCHER
13%
87%
REVIEW OF PAPER 29
The present book is the best read of all the 30 papers reviewed by thy author, as they say,
―the besthas been saved for the last‖, it focuses on the theories of morality including
deontological20
and the like theories, the work is a holistic and complete in itself study of
the ethics, morality economics and law. Also elaborating the types of law, thy author
highly recommends this book. Though interdisciplinary approach has been used, but the
clear cut sectioning makes it an easy to read one.
REVIEW OF PAPER 30
Lastly the present book, is an original work of Wundt21,
being an original contribution of
eminent jurist of his times the work emphasis the relevance and grounds of ethics and
morality through the changing decades. Again alike a few previous review papers thy
author daren’t compare this literary genius to other works of our times.
DRAWING SUMMARY ANALYSIS:
FIG 1 EMMINENT JURISTS VS PRESENT DAY RESEARCHERS
20
―pascal’s wager, practical argument for belief in God formulated by French mathematician and philosopher Blaise Pascal. In
his Pensées (1657–58), Pascal applied elements of game theory to show that belief in the Christian religion is rational. He argued that
people can choose to believe in God or can choose to not believe in God, and that God either exists or he does not. Under these
conditions, if a person believes in the Christian God and this God actually exists, they gain infinite happiness‖ as taken from
encyclopedia Britannica
21
Nazism, also spelled Naziism, in full National Socialism, German Nationalsozialismus, totalitarian movement led by Adolf Hitler as
head of the Nazi Party in Germany. In its intense nationalism, mass appeal, and dictatorial rule, Nazism shared man y elements with
Italian fascism.

DIFFICULT VS EASY TO INTERPRET
20
18
16
14
12
10
8
6
4
2
0
DIFFICULT VS EASY TO
INTERPRET
JARGONISTIC WORKS EASILY
UNDERSTADABLE
WORKS
SOMEWHAT EASY TO
COMPREHEND
FOOTNOTES PRESENT
YES NO
27%
73%
FIG 2 COMPARATIVE COMPREHENSIBLITY OF WRITING
FIG 3 FOOTNOTES MENTIONED VS NOT

BOOKS VS RESEARCH PAPERS REVIEWED
BOOKS VS RESEARCH PAPERS REVIEWED
23
7
BOOKS RESEARCH PAPERS
DEALING WITH SUBJECT DIRECTLY
MORE THAN 2 FIELDS ENCOMPASSED
INTERDISCIPLINARY STUDY
0% 20% 40% 60% 80% 100%
FIG 4 BOOKS VS RESEARCH PAPERS
FIG 5 INTERDISCIPLINARY VS DIRECT APPROACH

WILLING TO RECOMMEND / REFER WORK
HIGHLY RECOMMENDED
RECOMMENDED
NO COMMENTS
ENHANCEMENT OF KNOWLEDGE
LEARNT NEW WORDS LEARNT ABOUT NEW AUTHORS
33%
67%
FIG 6 NO OF REVIEWER RECOMMENDED WORKS
FIG 7 SELF ANALYSIS POST REVIEW

Thy author humbly submits that the above review of 30 research papers on ethics and morality,
is a humble addition to credit the excellent works done by authrs at the same time acknowledging
the the flaws from reader’s perspective. Thy author seeks humble apology for not including
name/identity of reviewed papers in the data analysis section, for that would have been an
unethical attempt at thy authors part. With these words I hereby conclude this review paper.
ACKNOWLEDGEMENT

REFERENCES:
1) Horner, Jennifer. "Morality, ethics, and law: Introductory concepts." Seminars in Speech
and Language. Vol. 24. No. 04. Copyright© 2003 by Thieme Medical Publishers, Inc.,
333 Seventh Avenue, New York, NY 10001, USA. Tel.:+ 1 (212) 584-4662, 2003
2) Hazard Jr, Geoffrey C. "Law, morals, and ethics." S. Ill. ULJ 19 (1994): 447.
3) Kutz, Christopher. "Complicity: Ethics and law for a collective age." (2000).
4) Ames, James Barr. "Law and morals." Harv. L. Rev. 22 (1908): 97.
5) Hansen, Don R., Rick L. Crosser, and Doug Laufer. "Moral ethics v. tax ethics: The case
of transfer pricing among multinational corporations." Journal of business ethics 11.9
(1992): 679-686.
6) Wendel, W. Bradley. "Legal ethics and the separation of law and morals." Cornell L.
Rev. 91 (2005): 67.
7) Pavlova, Tetiana, et al. "Ethics and law in Kant’s views: the principle of
complementarity." International Journal of Ethics and Systems (2019).
8) Fitch, Brian D. "Rethinking ethics in law enforcement." FBI L. Enforcement Bull. 80
(2011): 18.
9) Wilkinson, Dominic, et al. Medical ethics and law: the core curriculum. Elsevier Health
Sciences, 2008.
10) . Stahl, Bernd Carsten. "Morality, ethics, and reflection: a categorization of normative IS
research." Journal of the association for information systems 13.8 (2012): 1.1
11) Hankin, Gregory. "Ethics and Law." The International Journal of Ethics 33.4 (1923):
416-435.
12) Wellman, Carl. "A theory of rights: Persons under laws, institutions, and morals." (1985).
13) Pound, Roscoe. "Law and Morals--Jurisprudence and Ethics." NCL Rev. 23 (1944): 185.
14) Blodgett, Mark S. "Substantive ethics: Integrating law and ethics in corporate ethics
programs." Journal of Business Ethics 99.1 (2011): 39-48.
15) Darwall, Stephen. Morality, authority, and law: Essays in second-personal ethics I. OUP
Oxford, 2013.
16) Gundugurti, Prasad Rao, et al. "Ethics and Law." Indian Journal of Psychiatry 64.Suppl 1
(2022): S7-S15.
17) Wasserstrom, Richard A. "Morality and the Law." (1971).

18) Murphy, Mark. "The natural law tradition in ethics." (2002).
19) Luban, David. "Legal ethics and human dignity." (2007).
20) Gert, Bernard, and Joshua Gert. "The definition of morality." (2002).
21) Teubner, Gunther. "De Collisione Discursuum: Communicative Rationalities in Law,
Morality, and Politics." Cardozo L. Rev. 17 (1995): 901.
22) Mansour, Walid, Khoutem Ben Jedidia, and Jihed Majdoub. "How Ethical is I slamic
Banking in the Light of the Objectives of I slamic Law?." Journal of Religious
Ethics 43.1 (2015): 51-77.
23) Rothbard, Murray N. "The ethics of liberty." The Ethics of Liberty. New York University
Press, 2015.
24) Hurd, Heidi, and Hurd Heidi. Moral Combat: The Dilemma of Legal Perspectivalism.
Cambridge University Press, 1999.
25) Lyons, David. Ethics and the Rule of Law. Cambridge University Press, 1984.
26) Moore, Michael S. "Four Reflections on Law and Morality." Wm. & Mary L. Rev. 48
(2006): 1523.
27) Petrazycki, Leon, and A. Javier Trevino. Law and morality. Routledge, 2017.
28) Greenawalt, Kent. Conflicts of law and morality. Oxford University Press on Demand,
1989.
29) Zamir, Eyal, and Barak Medina. Law, economics, and morality. Oxford University Press,
2010.
30) Wundt, Wilhelm Max, and Edward Bradford Titchener. Ethics:: An Investigation of the
Facts and Laws of the Moral Life. Routledge, 2020.

MEDICAL NEGLIGENCE- ERROR OF SCIENCE OR BEHIND BARS
FOR CRIME
CHERRY KUSHWAHA
GHARUAN, MOHALI

ABSTRACT-
Negligence in the medical field brings not only the doctors and hospitals under the legal scrutiny,
but also pose some serious and career affecting repercussions for the medical professionals and
patients have to bear the brunt in either case. With the advancement of science and technology,
the chances of making errors have also increased. But is the advancement of technology to
blame other causes have their impact? Allow thy author to take you through the process of
understanding the root causes of this ever increasing problem, in light of the legislations and
provisions, thy author seeks your benign attention to some unprecedented situations, whilst
leaving you to drw conclusions from the case studies and data analysis, this paper is a humble
attempt to put forth some useful suggestions for the benign consideration of all. Allow the author
to take you through this study without much delay and negligence.
KEYWORDS: science and law, interdisciplinary study, medical negligence, case study,
medico-legal scenarios, IMA, consumer dispute forum

INTRODUCTION:
Although the cases of medical negligence is not a new topic, but we find renewed Supreme
Court guidelines, with almost every case. The scope of medical negligence is covered by sec
304-A IPC, however it is pertinent to mention, that the said section does not specifically relate to
―medical‖ field1
. The aggrieved also has the right to report the case to The IMA under the
Indian Medical Council Act 19562
.provisions of compensation are also made under the
Consumer Protection Act, 19863.
besides these the aggrieved or his legal heirs also have remedy
under tort of negligence4
.Medical negligence , has nowhere been termed under ―crime‖ as such5
.it is humbly submitted that it more important to raise questions related to this act of ―medical
negligence‖ than merely dealing with provisions and laws governing its redressal6
:
 What causes medical negligence? Inefficiency of the doctor and staff, overload of work,
incompetency or lack of proper medicines and technology and knowledge of their usage
 Do the compensatory provisions and even penal punishment suffice the ends of justice,
where irreparable harm or even death has been caused?
 Is weighing of the punishments of the MBBS/MD doctors, on equal scale with those of
dentists and psychologists and the like?
 Are the provisions of online consultation through mobile apps and prescriptions at the
click of button justified in scale of medical ethics?
 Shouldn’t there be redressal for cases where paid online reviews and ratings, mislead the
poor patient?
1
Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable
homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
2
Which may even lead to cancellation of registration of the doctor
3
Which encompasess a 3 tier structure with district forum dealing with cases of compensation upto 5lakh, state comission with
jurisdiction for cases between 5lakh to 20 lakhs and national commission dealing with cases above Rs 20lakh compensation
4
Negligence is a civil tort which occurs when a person breaches his duty of care which he owed to another due to which that other
person suffers some hard or undergoes some legal injury.
5
As crime includes mens rea, which is absent in cases of negligence
6
Prior to consumer protection act, compensation was dealt under civil laws

 Are the ayurvedic ―doctors‖ and so called nadi shastra experts7
covered under the above
said provisions? Or are just the maxim ―caveat emptor‖ ends the debate?
 Are the doctors, selling their own brand medicines justified on medical ethics ground?
 Are the provisions of medical negligence applicable in case of veterinary doctors?
These and many more questions, jumble the head. Unprecedented situations, uncomplained cases
and are ample in the medical field. It is humbly suggested that vehemently advisd by the author,
to at least file a PIL in case you come across instances of the above mentioned sort8
.
Before proceeding with the factual data allow thy humble author to take you on a tour to
some hypothetical medical situation.
Situation 1- patient x undergoes a surgery in nation A though he is a citizen and resident of
nation B. after few months, he starts encountering problems and complications. The technology
of foreign nation being not available in his native country, he has to visit nation A again. At this
time due to delay in processing file or renewing visa process or other legit reason9
, he is unable
to get treatment in time and ultimately dies. Who is liable?
Situation 2- patient A has multiple diseases and the medicines, each of contraindicate each other.
There being no suitable combination available, he is advised to take them alternatively or stop
one or two of them, and as a result the patient ultimately dies. Who is liable?
Situation 3- patient A buys prescribed medicines from a chemist. The medicines are expired and
dates changed by the company manufacturing them. The chemist being oblivious of the fact,
sells them. the doctor on seeing the condition worsening adds more pills in the prescription
which further complicate the matters. Patient and doctor are never able to know the truth of
situation and patient keeps taking them as prescribed and ultimately dies. Who is to be blamed?
more importantly who would?
Situation 4- a person X takes his ill dog to a veterinary doctor , who diagnoses the animal and
aptly cures the dog but leads to rashes on the owner owing to regular contact with the medicine.
Person x visits a doctor and gets prescribed a medicine for himself which has mild effect on
rashes and skin problem but causes other physical symptoms. The doctor is unable to conduct an
allergy test as the cause of rashes is known and results of the lab might be varied until the allergy
is cured. Having no recourse, the patient continues the medicines prescribed or stops them. Both
leading to worsening of his condition. Who is liable?
7
Who claim to detect disease by checking the pulse of patient
8
PILs are filed in public spirit and personal injury/ damage to the person filing is not required
9
Not accountable to any negligence of patient

Situation 5- a person X gets his yearly heath checkup done regularly to ensure instant cure to any
health problem. He has no previous history of any major or long term ailment. The doctor
analyses his reports and casually prescribes some multivitamins, detecting no ailment in the
report. The person takes the multivitamins as prescribed and suffers loose motions, which the
doctor terms as casual/ minor side effect of the medicine. However the patient being already
weak owing to multiple loosemotions, is prescribed an antibiotic which immediately causes him
to faint. Consequently he is rushed to hospital, but Before the symptoms are detected and first aid
given the patient dies of cardiac arrest. As no case of negligence seemed apparent, no complaint
is filed and no autopsy is done to ascertain the actual cause of death. Who is liable?
It is humbly submitted that such instances could be numerous but before we frame opinions , thy
author requests you to take a tour through a pilot survey
PILOT SURVEY –
For the purposes of this survey 100 chemists, medical students of government colleges(final
year) of tricity and PGI doctors10
and nurses were taken through random sampling by 5 field
workers and administered a questionnaire. Thy author assures you that utmost secrecy hand
confidentiality clauses have been adhered to. (also copy of the sample questionnaire is attatched
at the end for thy condieration). The shortcomings of the survey are evident:
 Non inclusion of category of patiences
 Not including a comparison with private institute subjects (which shall hopefully be
covered in my next paper)
 Also geographical limitations owing to paucity of time and finances are pleaded. Thy
author humbly apologises for the same and requests thy attention to the data and statistics
derived
10
Owing to the prevalent covid scenario thy author could not include the 4th
category patients and humbly apologises for the same

have you ever self diagnosed or
treated yourself?
yes no can't remember
47 45
30
35 35
31
39
35 32
22
26 23
chemists medical
students
doctors nurses
prescribed/ sold medicine telephonically
(without seeing pateint)
yes no can't remember
58
44 47
37 40
34 37 38
23 22
15
5
chemists medical students doctors nurses
Fig1 Medical professionals’ self diagnoses statistics
It is worthy to mention here that direct observation method has also been appled here and
most of the subjects, who apparently ―can’t remember‖ didn’t want to answer the question
objectively11
Fig 2 Telephonic medical prescription data
11
As reported by field workers

suffered any minor ailment in the previous 6
months?
yes no can't remember no comments
nurses 55 28 16 1
doctors 35 16 45 4
medical students 3 44 49 4
chemists 23 33 44 0
Ever been asked to show certificate/degree/
license
nurses doctors medical students chemists subjects never asked
3%
10%
51%
34%
2%
Fig 3 Medical history of the medical professionals
Fig 4 Medical professionals Probed and verified
It is humbly submitted that before rushing to draw conclusion from a pilot survey, allow thy
author to present a few brief case studies

BRIEF CASE STUDIES:
CASE STUDY 1
Shri Uttam Sarkar vs The Management Of Tura Christian ... on 7 February, 2014
In the present case before state consumer commission, patient being a pregnant woman, was
admitted by the hospital owing to some complications in the fetus. Subsequently owing to
negligence of doctors, patient lost life. Held that the hospital is liable and exemplary damages,
compensation for mental agony , compensation under heading of deprivation and loss of
companionship of wife also awarded, along with treatment cost to heirs
CASE STUDY 2
Bombay Hospital And Medical ... vs Asha Jaiswal . on 30 November, 2021
In the present appeal from the national consumer disputes commission, the legal heirs
(respondents) of the deceased patient were awarded exemplary costs along with interest @9%
from the time of decision of the national commission. In the present case post surgery
complications arose but the doctor delayed in coming and examining the patient who died in the
meanwhile.
CASE STUDY 3
Arun Kumar Manglik vs Chirayu Health And Medicare ... on 9 January, 2019
In the present case, patient who was suffering from multiple problems, died due to negligence of
the doctor. In appeal against medical board findings were reversed on grounds that patient
suffered multiple diseases and bleeding prior to operation. Hon’ble Supreme court elaborated on
the meaning of ―duty to care‖ and explicitly explained the concept of ―negligence‖. Further it
allowed the appeal along with costs and interest from the date of decision of commission.
It is humbly submitted that as judiciary is actively playing its part the least we can do through
this research paper is put forth some suggestions for the consideration of masses and government
alike, hoping they cross the eyes of vigilant.
THE CRITICAL TAKE:
Though science and technology have amply advanced yet the hazards posed by their minute error
in medical cases are simply difficult to ignore. Not just the errors of technology, but other factors
including greed for money, human tendency of taking cases lightly by some, are also to be
blamed. Moreover inefficient training, lack of knowledge in dealing with the advanced artificial
intelligence apparatus, are also to be put in the witness box. In law they say, ―fight each case, as
if you have been the victim yourself‖, but does the ideology of taking cases dispassionately just
to ensure calm dealings or is there more to it that evades the eyes? ON A LIGHTER NOTE,
SOME MAXIMS CAN ONLY BE UNDERSTOOD BY THOSE, WHO DEAL IN THE
RESPECTIVE FIELD.

mandating doctors to keep record of the cases
for scrutiny of vigilance committee
confering honours in medical field to motivate doctors
ensuring that rules of IMA are revised regularly
PUTTING FORTH SUGGESTIONS:
The white coats of the doctors, emphasizing their noble profession are stained with multiple
blames. Thy author hereforth makes some humble suggestions for your benign consideration:
 Making it mandatory for doctors to hang /display their certificate/ license of practice at a
conspicuous place in the clinic
 Setting up a vigilance committee to constantly keep checks on the medicine manufacturing
units and providing for stringent actions in cases of default
 Issuing governmental ID cardsto nurses and chemists post submission of copy of their
certificates and degrees to a special agency/ministry for this purpose
 Ensuring a hospital is set up near every highway and secluded areas.
 Mandating medical students to and nurses to undergo compulsory training before trying their
hands on patients and also mandating them to wear trainee badges during the training period
 Adding separate offenses in IPC in light of the situations mentioned in the introductory
section
 Ensuring multilateral treaties for exchange of knowledge and training programmes amongst
nations.
 Ensuring autopsy in each case of death due to alleged medical negligence by government
certified departments and compulsorily keeping records of such autopsies for each private
and government hospital.
PUTTING FORTH PLAN OF ACTION:
Mere willingness on part of those concerned, does not bring change, revolutions are brought
through mindfulexecution of thorough plans
Fig 5 Proposed POA1

susbstituting
relief in medical
negligence cases
from consumer
dispute
redressal act, to
new bill laid for
the purpose , to
acknowledge
that medicial
refief is not a
commodity
teaching
elementary level
basic life saving
emergency
procedures and
first aid
procedures in
elementary
classes to all
students, also
familiarizing
them with basic
medical
terminology.
developing
scope and
opportunities in
lesser known
and adopted
medical fields
like psychology,
psychiatry and
empowering the
doctors in these
fields with
special training
DRAWING HUMBLE REVIEW OF THE PAPERS MENTIONED IN
REFERENCES:
Thy author with utmost humility submits that most of the research papers overviewed by my
sober self, have encompassed and elaborated the legal provisions in cases of medical negligence
in a thorough manner. Also there seems no dearth in discussion over the cases and decisions ,of
hon’ble Supreme court and consumer forums.but the elements of preparation for unprecedented
situations and no where jotted down. Also the suggestions have only been given in a few papers,
and no luxury of getting secondary data for studies could be availed by thy author.
Medical negligence is disability or incapability of apt action at the right time by the medical
professions. The element of mens rea in cases of delay by the doctors or adoption of techniques,
is a scale difficult to measure. Howsoever the judicial trend has been in favor of compensating
the patient and holding the medical authorities liable, which definitely deserves applaud, but the
the consistent spike in cases demand, that a different approach be taken, more emphasis be laid
to the causes of such ―habitual negligence‖. As they say, ―prevention is better than cure‖, in legal
realm, deterrence and stringency of measures is better than compensatory reliefs.with these
words thy author hereby concludes the paper.

ACKNOWLEDGEMENT

REFERNCES:
 MURTHY KK, Medical negligence and the law ― Indian Journal of Medical
Ethics‖, 01 Jul 2007, 4(3):116-118
 CHELUVAPPARAJKUMAR,2020 ,‖Medical negligence - Key cases and
application of legislation‖
 STAUCH MARK, ―Causation, Risk, and Loss of Chance in Medical
Negligence‖ 17 Oxford J. Legal Stud. 205 (1997)
 Md. Zahidul Islam, ―Medical Negligence: Current Position of Malaysia and
Bangladesh‖ World Journal of Environmental Biosciences, VOL 8

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