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Health Legislations - Dr. Suraj Chawla

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Health Legislations in India

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Health Legislations - Dr. Suraj Chawla

  1. 1. HEALTHLEGISLATIONS IN INDIA Dr Suraj ChawlaDepartment of CommunityMedicine, PGIMS, Rohtak
  2. 2. Contents Introduction Public health law & characteristics Various categories of health legislations Discussion of some important health laws 1. National Health Bill 2009 2. International Health Regulations, 2005 3. PC & PNDT Act, 1994 4. The Human Organs Transplantation Act, 1994 5. Infant Milk Substitute, Feeding Bottles & Infant foods Act, 1992 6. Consumer Protection Act, 1986 7. MTP Act 1971 8. Registration of Birth & Death Act, 1969
  3. 3. Contents 9. Prevention of Food Adulteration Act, 1954 10. Factories Act, 1948 11. ESI Act, 1948 12. Epidemic Disease Act, 1897 Problems with public health laws Suggested approaches New approaches
  4. 4. Introduction The core of public health depends on law and science. The law has to prohibit individuals who create the situation for others suffering. Application of prohibitory power on individual autonomy would be unwelcomed in democratic world. For this reason, health laws must maintain the balance between individual autonomy and community protection. The public health actions are not intended to punish, but to improve and to monitor the health status in the community.
  5. 5. Introduction The law has played a vital role in public health when the principle threats to health and safety were epidemic diseases. Law creates public health agencies, designates their mission, provides authority and limits their actions to protect a sphere of freedom outlined by the constitution. Just as threats like Anthrax, SARS, Avian Influenza, teaches us about the importance of a strong public health infrastructure, they also remind us of the need for appropriate public health powers.
  6. 6. Introduction The mandate to fulfil society‟s interests and assure healthy conditions and quality services puts public health in frequent and compelling contact with the legal system. Public health system employ law as a tool to achieve its goal. Thus these laws play a unique role in ensuring the population‟s health.
  7. 7. IntroductionLaw :- The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legal powers or of customs and policies recognized and enforced by judicial decision.Act :- A law adopted (enacted) by a national or state legislative or other governing body.Rules :- Are explicit statements that tell an employee what he or she ought or ought not to do.
  8. 8. Public health law The study of the legal powers and duties of the state to assure the conditions for people to be healthy, and the limitations on the power of the state to constraint the autonomy, privacy, liberty, or other legally protected interests of the individual for protection or promotion of community health.
  9. 9. Characteristics of Public health lawGovernment  Creates policies and enacts laws and regulations designed to safeguard community health.Population  Public health authorities are concerned with access and quality in medical care, but their principal concern is to create the conditions in which communities can be healthy.Relationships  Public health laws contemplate the relationship between the State and individuals who place themselves or the community at risk
  10. 10. Characteristics of Public health lawServices  Public health laws deal with the provision of population based services grounded on the scientific methodologies of public health.Coercion  Public health authorities possess the power to coerce individuals and businesses for the protection of community rather than relying on a near universal ethic of voluntarism.
  11. 11. Categories of health legislationsA. To protect the rights of health and improve the health of nation in comprehensive manner  National Health Bill 2009B. To improve and maintain high standards in the medical education and services  The Indian Medical Council Act 1956 and Regulation 2002  The Indian Nursing Council Act 1947  The Consumer Protection Act (COPRA) 1986
  12. 12. Categories of health legislationsC. Public registration to assess mortality and enumeration of population  The Census Act 1948  The Registration of Births and Deaths Act 1969D. To prevent public health problems  The International Health Regulation 2005  The Transplantation of Human Organ Act 1994  The Prevention of Food Adulteration Act 1954  The Epidemic Diseases Act 1897
  13. 13. Categories of health legislationsE. To achieve maternal health and to empower the women  The Pre Conception & Prenatal Diagnostic Technique Act 1994  Domestic Violence Act 2005  Indecent Representation of Women (Prohibition) Act 1986  The Medical Termination of Pregnancy (MTP) Act 1971  The Maternity Benefit Act 1961  The Dowry Prohibition Act 1961  The Immoral Traffic (Prevention) Act 1956
  14. 14. Categories of health legislationsF. To safeguard the children and young  The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992  The Child Labor (Prohibition and Regulation) Act 1986  The Child Marriage Restraint Act 1929
  15. 15. Categories of health legislationsG. To rehabilitate and provide equal opportunity to disabled and disadvantaged groups  The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995  The Mental Health Act 1987
  16. 16. Categories of health legislationsH. To prevent drug addiction and substance abuse and safe manufacturing of drugs, distribution and storage  The Narcotic Drugs and Psychotropic Substances Act 1985  The Cigarettes and Other Tobacco Products Act (COTPA) 2003  The Drugs and Cosmetics Act 1940  The Drugs & Magic Remedies Act 1948
  17. 17. Categories of health legislationsI. To protect workers and to provide social security  The Minimum Wages Act 1948  The Factories Act 1948  The Mines Act 1952  The Employees State Insurance (ESI) Act 1948  The Workmen‟s Compensation Act 1923
  18. 18. Categories of health legislationsJ. Environmental legislations  The Environment (Protection) Act 1986  The Biomedical Waste (Management and Handling) Rules 1998  The Municipal Solid Waste (Management and Handling) Rules 2000  The Hazardous Waste (Management and Handling) Rules 1989  The Air (Prevention and Control of Pollution) Act 1974  The Motor Vehicle Act 1988
  19. 19. Categories of health legislationsK. To promote voluntary work  The Red Cross Society Act 1936
  20. 20. National Health Bill 2009The proposed draft National Health Bill is a „frameworklaw‟ laying down a legal framework on health at thenational level. This is the first step towards legallyrecognizing „right to health‟.Aim :- To provide for protection and fulfilment of rights in relation to health and wellbeing, health equity and justice, including those related to all the underlying factors of health as well as health care; and for achieving the goal of health for all; and for matters connected therewith.
  21. 21. National Health Bill 2009The framework would comprise the following :- People‟s rights relating to health & health care; Concomitant obligation of government as well as private actors; Core principles, norms and standards on health rights & obligations; Institutional structure for implementation and monitoring; and Justice mechanism for health rights.
  22. 22. National Health Bill 2009Important Features :-Right to Healthcare :- Seeks to legalize the right to healthcare, along with other issues associated with health rights.Good treatment :- It will strive to ensure that good treatment be made available to the vastly neglected groups such as those affected by HIV/AIDS.Emergency Care :- No individual should be denied emergency treatment because of his inability to pay fees or due to the requirement for police clearance.
  23. 23. National Health Bill 2009Patient Complaints :- Bill also seeks to make it mandatory for the hospitals to address patient complaints, on a 24 x 7 basis.Name of doctor involved in treatmentSummary & Second OpinionCost of TreatmentRights of healthcare providers :- likely to get legalrecognition.
  24. 24. National Health Bill 2009Collaborations between the Center and the State :- The bill demands a broad legal framework (that involves cooperation/ collaborations between the Center and the State) for providing essential public health services and to monitor its functions, such as responding to public health emergencies.
  25. 25. National Health Bill 2009 However, the bill does not interfere with the regulatory tasks and administrative decisions to be taken by governments and local bodies, on the specific measures to be adopted to achieve the target. The bill also empowers the government to review the existing laws and systems and to make new subordinate legislations and regulations and, overall, ensure the right to health of all people.
  26. 26. National Health Bill 2009 "It is hoped that this law would act as a critical tool to empower people about their health and to establish the responsibilities of government and private actors to deliver health rights in a justified manner. While understanding the complex socio-economic and political underpinnings of health, it would hopefully serve as an additional device to catalyze the change."
  27. 27. INTERNATIONAL HEALTH REGULATIONS 2005 International legal instrument, binding on 194 countries across the globe, including all the Member States of WHO Help international community to prevent and respond to acute public health risks that have the potential to cross borders and threaten people worldwide Define the rights & obligations of countries to report public health events, and establish a number of procedures that WHO must follow in its work to uphold global public health security Also require countries to strengthen their existing capacities for public health surveillance and response
  28. 28. Event notification and determination under IHR (2005)Determine whether an External event constitutes a advice Emergency PHEIC and WHO DG Committeerecommend measures Coordinate Receive, assess and WHO IHR Other competent respond to events Organizations Contact Points notified Communicate Consult events or Ministries/ notify WHO of any National IHR Sectors events that may Focal Points constitute a PHEIC Concerned Various disease & Detect and report Report any urgent or event surveillance 8/13/2012 28 unexpected events systems within a country
  29. 29. THE preconception and PRENATAL DIAGNOSTIC TECHNIQUES (Prohibition of sex selection) Act, 1994In following conditions these test can be conducted in apregnant woman :- Age above 35 years; Undergone two or more spontaneous abortions or fetal loss; Exposed to potentially teratogenic agents Family history of mental retardation or physical deformities such as spasticity or any other genetic diseases; and Any other disease specified by the Central Supervisory Board.
  30. 30. THE preconception and PRENATAL DIAGNOSTIC TECHNIQUES (Prohibition of sex selection) Act, 1994 No test will be conducted on the willingness of husband or without written informed consent of the woman. Even any advertisement or publication on these facilities is an offense.
  31. 31. THE preconception and PRENATAL DIAGNOSTIC TECHNIQUES (Prohibition of sex selection) Act, 1994Penalties :- First offence Subsequent offenceService Imprisonment (3yrs.); Imprisonment (5yrs.);provider penalty (Rs.10000); penalty (Rs.50000); registration cancelled (5 registration cancelled yrs.) (permanently.)Service Imprisonment (3 yrs.); Imprisonment (5 yrs.);seeker penalty (Rs. 50000) penalty (Rs. 100000);Advertise Imprisonment (3 yrs.);r penalty (Rs. 10000)
  32. 32. THE preconception and PRENATALDIAGNOSTIC TECHNIQUES (Prohibition of sex selection) Act, 1994 Regulatory BodyPolicy Making Body Implementing Body Advisory CommitteeCentral Supervisory State Appropriate State Advisory Board Authority Committee State Supervisory District Appropriate District Advisory Board Authority Committee Sub-District Sub District Advisory Appropriate Authority Committee
  33. 33. THE preconception and PRENATAL DIAGNOSTIC TECHNIQUES (Prohibition of sex selection) Act, 1994Aim :- Prohibition of sex selection, before or after conception Regulation of the use of prenatal diagnostic techniquesProvisions :- No genetic counselling centre, genetic clinic or medical geneticist, gynaecologist or registered medical practitioner shall conduct such test unless specified by the Central Supervisory Board at a place other than a place registered under the Act.
  34. 34. THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994Aim :- For regulating the removal of organs from cadavers and living person & prohibiting commercial dealings in human organs.Provisions :- Any person more than 18 years or parents in case of less than 18 years authorises the removal, before his death, of any human organ of his body. Any written authority given before his death or willingly given authority to any of his near relatives, can be accepted.
  35. 35. THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994 Before removal of body organs, a registered medical practitioners should certify that life or brain-stem function have ceased. A dead body lying in a hospital or prison and not claimed by any of the near relatives within 48 hours from the time of the death of concerned person, the person incharge or any other authorised person who strongly believe that body will not be claimed, can authorise for removal of body organs. No hospital or place is authorised to remove the human organs unless appropriate authority like state or central government authorises and register it.
  36. 36. THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994Considered as an offence :- Any illegal supply or giving commitment or publishing / advertisement to supply of human organs Giving human organs on payment by an individual or society, or organisation, or agent.Punishment :- For a term not less than 5 years, extendable up to 10 years Fine not less than 5 lakhs, extendable up to 20 lakhs Removal of name of doctors from MCI or state council register for 2 years for 1st conviction, and permanently on subsequent conviction
  37. 37. The INFANT MILK SUBSTITUTES, FEEDING BOTTLES ANDINFANT FOODS (REGULATION OF PRODUCTION, SUPPLY & DISTRIBUTION) Act, 1992Aim :- To provide for the regulation of production, supply and distribution of infant milk substitutes, feeding bottles and infant foods with a view to the protection and promotion of breast feeding and ensuring the proper use of Infant Foods.Provisions :- No person shall advertise, take part in promotion of use or sale, supply of or donate or distribute infant milk substitutes or feeding bottles, or give an impression or create a belief in any manner that feeding of infant milk substitutes is equivalent to or better than mothers milk.
  38. 38. The INFANT MILK SUBSTITUTES, FEEDING BOTTLES ANDINFANT FOODS (REGULATION OF PRODUCTION, SUPPLY & DISTRIBUTION) Act, 1992 Container of infant foods and milk substitutes must affix label clearly written in local language that "Mothers milk is best for your baby", "Should be used only on the advice of a health worker", and " a warning sign if used replacing mothers milk". No picture of baby or mother shall be depicted on the containers. Beside this all about manufacturing date, batch number, expiry date, compositions, etc. should also be written and must follow the instructions and guidelines given under the Prevention of Food Adulteration Act 1954.
  39. 39. The INFANT MILK SUBSTITUTES, FEEDING BOTTLES ANDINFANT FOODS (REGULATION OF PRODUCTION, SUPPLY & DISTRIBUTION) Act, 1992 All educational material whether audio, or visual shall contain the content of benefits and superiority of breast feeding. No person other than health workers or institutions demonstrate the need and feeding of milk substitute. Food inspector working under Prevention of Food Adulteration Act or any authorised person shall be responsible for inspection or seizing activities if he/she finds that there is violation of this Act.
  40. 40. The INFANT MILK SUBSTITUTES, FEEDING BOTTLES ANDINFANT FOODS (REGULATION OF PRODUCTION, SUPPLY & DISTRIBUTION) Act, 1992 Any person who contravenes the provisions of various sections shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fine thousand rupees, or with both. Following voluntary organisations are notified where a complaint in writing can be made:  Central Social Welfare Board, Samaj Kalyan Bhawan, B-12 Tara Cresent, Institutional Area, South of IIT, New Delhi 110 016  Indian Council for Child Welfare, 4 Deen Dayal Upadhyaya Marg, New Delhi 110 002  Association for Consumer Action of Safety & Health (ACASH), Room No. 21, Lawyers Chambers, Bombay 400 002
  41. 41. THE mtp act, 1971MTP Act - an enabling act which Aims to improve the maternal health scenario by preventing large number of unsafe abortions and consequent high incidence of maternal mortality & morbidity Legalizes abortion services Promotes access to safe abortion services to women De-criminalizes the abortion seeker Offers protection to medical practitioners who otherwise would be penalized under the Indian Penal Code (sections 315-316).
  42. 42. THE mtp act, 1971When can pregnancies be terminated? Up to 20 weeks gestation With the consent of the women. If the women is below 18 years or is mentally ill, then with consent of a guardian With the opinion of a registered medical practitioner, formed in good faith, under certain circumstances Opinion of two RMPs required for termination of pregnancy between 12 and 20 weeks
  43. 43. THE mtp act, 1971Indications :- Continuation of pregnancy constitutes risk to the life or grave injury to the physical or mental health of woman Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped Pregnancy caused by rape Contraceptive failure in married couple “In determining whether the continuance of pregnancy would involve such risk of injury to the health (as mentioned above), account may be taken of the pregnant woman‟s actual or reasonable foreseeable environment”.
  44. 44. THE mtp act, 1971Place for conducting MTP :-A hospital established or maintained by Government orA place approved for the purpose of this Act by aDistrict-level Committee constituted by the governmentwith the CMHO as Chairperson
  45. 45. THE mtp act, 1971Place for conducting MTP :-A hospital established or maintained by Government orA place approved for the purpose of this Act by aDistrict-level Committee constituted by the governmentwith the CMHO as Chairperson
  46. 46. THE mtp act, 1971Who can perform?A medical practitioner (RMP) Who has a recognized medical qualification as defined in clause (h) of section 2 of Indian Medical Council Act, 1956 Whose name has been entered in a State Medical Register and Who has such experience or training in Gynaecology and Obstetrics as prescribed by Rules made under the Act
  47. 47. THE mtp act, 1971Training requirement :-For termination up to 12 weeks: A practitioner who has assisted a registered medical practitioner in performing 25 cases of MTP of which at least 5 were performed independently in a hospital established or maintained or a training institute approved for this purpose by the Government
  48. 48. THE mtp act, 1971Training requirement :-For termination up to 20 weeksA practitioner who Holds a post-graduate degree or diploma in Obstetrics and Gynecology Has completed six months house job in Obstetrics and Gynecology Has at least one-year experience in practice of Obstetrics and Gynecology at a hospital which has all facilities Registered in state medical register immediately before commencement of the Act, experience in practice of Obstetrics and Gynecology for a period not less than three years.
  49. 49. THE CONSUMER PROTECTION ACT (CoPrA), 1986 The CPA is a piece of comprehensive legislation and recognises six rights of the consumer, namely: 1. Right to safety. 2. Right to be informed. 3. Right to choose. 4. Right to be heard, 5. Right to seek redressal and 6. Right to consumer education. Consumers with complaints can approach the commissions at the district, state and central level. There is no court fee and the consumer does not have to go through lawyers.
  50. 50. THE CONSUMER PROTECTION ACT (CoPrA), 1986 The Supreme Court declared that doctors were like any other providers of service, and therefore are under the same obligation to compensate the patient for any deficiency in the quality of their services. Under this Act, a complaint means any allegation in writing made by a complainant in regard to of the following: 1. A loss or damage as a result of any unfair trade practice adopted by any trader; 2. The goods/service suffer from defects. 3. A trader has charged for the goods, a price in excess of the price which is fixed by the law or displayed on the goods.
  51. 51. THE CONSUMER PROTECTION ACT (CoPrA), 1986 Negligence means that a doctor, when consulted by a patient, owes him certain duties, namely a duty of care in deciding what treatment to give or a duty of care in the administration of that treatment. If the Cost of the Services or goods and compensation asked for, is less than Rs. 2 lakh, then the complaint can be filed in the District Forum. If the cost is more than Rs. 2 lakh but less than 20 lakhs, the complaint can be filed before the State Commission and for higher amount the complaint can be filed before the National Commission at New Delhi which shall decide the case within a defined period.
  52. 52. THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 The registration of birth & death (RBD) Act, 1969 provides for statutory authority at the center and in each state. This act enabled the central govt. to promote uniformity and compatibility in registration and compilation of vital statistics. Allows the state govt. to develop an efficient system of registration. RBD act, provides for the appointment of functionaries for birth & death registration at national, state, district and local level.
  53. 53. Registrar General of India (RGI) Director General Health Services –Cum- Chief Registrar (Births & Deaths)Deputy Director (M&E), Health Department Assistant Director, Local Self Government -Cum- Additional Chief Registrar Department -Cum- Additional Chief Registrar Civil Surgeons Cum Deputy Civil Surgeons (Health) Cum District Registrar (Births & Deaths) Additional District Registrar (Births & Deaths) Urban Medical officer (Health), Municipal Medical officer Incharge , Corporation, Secretary in Municipalities, Primary Health Centre Executive officer in Cantonment Board Sub Registrar (Births and Deaths) 53 Junior statistical Assistant/ Pharmacist/Computer clerk
  54. 54. THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969Delayed Registration• Registration after the expiry of the 21 days but within 30 days- will be registered only after verification and payment of late fee of Rs. 2=00 and penality of Rs. 5=00• After 30 days but within one year- late fee of Rs. 5=00 and penalty of Rs. 10=00. Registrar will forward such cases to the District Registrar for his permission along with reporting form, Affidavit, NAC, documentary proof of DOB/DOD and his enquiry report 55
  55. 55. THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 After one year, can be done only on an order of the SDM and on payment of late fee Rs. 10=00 and Penalty Rs. 25=00. For such cases, Registrar will complete the documentation before sending the case to the District Registrar. District Registrar will forward the case to the concerned SDM unless it is rejected by him as being found frivolous. Delayed cases prior to 1 January, 1980 are required to be send to the Chief Registrars office for checking of documents before sending them to the SDM.
  56. 56. THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969• Registration of Name of Child • Name can be entered even after one year (Free of charge) upto 15 years from the date of registration on payment of late fee Rs. 5=00• Registration of Births and Deaths of Indian Citizens outside India • Provisions made in the Citizens (Registration of India Consulates) Rules, 1956 to issue the birth and death certificates • Indian Citizens have been allowed to register the births & deaths at the place of their usual residence within 60 days after their return to India • No separate procedure even after days 57
  57. 57. THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 Every Registrar is required to send periodical returns to the Chief Registrar who send their reports to the Registrar General, India. On the basis of the annual vital statistics returns received from the states, the Registrar General, India brings out a comprehensive annual report entitled, "Vital Statistics of India". The Act provides for medical certification of cause of death. The enforcement of this is left to the states governments depending on the facilities available. A medical practitioner has to certify free of cost and in the prescribed format, the cause of death if he/she is attending the deceased during his last breath or illness.
  58. 58. THE PREVENTION OF FOOD ADULTERATION ACT, 1954 (Amended in 1964, 1976, 1986)Aim :- To provide protection from adulteration of food that may lead to the health risk.Provisions :- Deals with the frauds by the dealers by supplying cheaper or adulterated foods. Regulates the use of chemicals, pesticides, flavours and other additives in food preparation. Enrichment of flour, bread, or other cereals with vitamins or minerals, iodization of salt, vitaminisation of vansapati oil, addition of vitamin "C" in certain foods can be done.
  59. 59. THE PREVENTION OF FOOD ADULTERATION ACT, 1954 (Amended in 1964, 1976, 1986) Centre is empowered to appoint an Advisory committee called the Central Committee for Food Standard. In case of any dispute the Central Food Laboratories give its final opinion on the subject. These 4 laboratories are located in Calcutta, Ghaziabad, Mysore and Pune. There are approximately 82 food laboratories in the country at district/regional/state level working for the purpose of the PFA Act. Powers are given to the State Governments to appoint Public Analyst and Food Inspectors who control the food supply, storage, and marketing of foods.
  60. 60. THE PREVENTION OF FOOD ADULTERATION ACT, 1954 (Amended in 1964, 1976, 1986)Penalties :- Maximum imprisonment of 1 year or a minimum fine of Rs. 2000 in the first instance and for imprisonment of 6 months which may extend to 6 years and cancellation of license on the second or subsequent offense. When consumed adulterated food is likely to cause death or injury to the body of amount to grievous hurt can be punished according to Section 320 of the Indian Penal Code. There is an imprisonment of 3 years but which may extend to the life term and with the fine which shall not be less than Rs. 5000.
  61. 61. The Factories Act, 1948(Amended On 1987)Aim :- Governs the health, safety, and welfare of workers in factories.Provisions :- A factory under the Act is defined as a place using power, employs 10 or more workers, or 20 or more workers without power. The state governments are empowered to extend the provisions of the Act to factories employing fewer workers also.
  62. 62. The Factories Act, 1948(Amended On 1987) The Act does not permit the employment of women and young in a dangerous process or operation. Children are defined, "who have not attained an age of 15 years", are not permitted to be hired and need to have medical fitness certificates if he/she is has to work and age is not confirmed. Provision of environmental sanitation that protect the worker from hazardous environment. Disposal of wastes and effluents should be without any risk.
  63. 63. The Factories Act, 1948(Amended On 1987) There should be a provision for safe and cool drinking water and provision of water in the latrine and urinal. One latrine for 25 female workers but one for 25 male workers up to 100 and one for 50 thereafter. One urinal for 50 person up to 500 men and after that one for every 100 more. Safety measures like fencing of machines, protection of eyes by use of goggles, precautions against fire and dangerous fumes. Facilities for washing, and sitting, canteens, creche (one for more than 30 women) and first aid appliances. One Welfare Officer for 500 or more workers is suggested.
  64. 64. The Factories Act, 1948(Amended On 1987) There is provision for one weekly holiday, and not more than 48 hours in a week an adult worker should work. There is at least half an hour rest after a stretch of 5 hours of continuous work. No women should be employed between 7 p.m. and 6 a.m. No person less than 14 years of age should work in the factory. No child should work more than 4 hours a day and should not work in the night between 10 p.m. to 6 a.m. One full wage leave should be given to an adult worker for every 20 days of work and one for every 15 days to the child worker.
  65. 65. The Factories Act, 1948(Amended On 1987) 12 weeks of maternity leave should be given to a woman. If an accident occurs in any factory causing death or bodily injury or prevents a worker from working for more than 48 hours, the manager must immediately send notice to the prescribed authority (i.e. Labour commissioner). Occupational diseases and hazards exposure are to be notified by the medical officer of the factory to labour department.
  66. 66. The Factories Act, 1948(Amended On 1987) However, the Act do not have provision for some important places of work like hospitals, fire stations, and other where serious health and safety risks may exist. The increasing complexity of workplace and transfer of technologies due to a burst in economic activities requires that inspectors should possess reasonable amount of knowledge of occupational safety and health.
  67. 67. THE EMPLOYEES STATE INSURANCE ACT, 1948 (Amended as on 1984)Aim :- To provide certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relevant thereto.Provisions :- The ESI scheme is administered by the Employees State Insurance Corporation (ESIC). Act does not include employees of Indian navy, military or air force; or whose wages exceed Rs. 15000 or as prescribed by the Central Government.
  68. 68. THE EMPLOYEES STATE INSURANCE ACT, 1948 (Amended as on 1984)Contribution :- Government gives 2/3rd of administrative expenditure. State Governments share 1/8th of expenditure on medical treatment and attendance (7/8 being borne by the ESIC). Employees pay on an average 1.75% of the wages and employers contribute 4.75% of the wage bill. The employee who is getting daily wage of less than Rs. 70.00 shall be exempted from payment of contribution.
  69. 69. THE EMPLOYEES STATE INSURANCE ACT, 1948 (Amended as on 1984)Benefits :-1) Sickness Benefit: At the rate of 50% of the daily average wage is givento the employee for a maximum period of 91 days in oneyear. In diseases liketuberculosis, leprosy, fracture, malignancy etc, thesickness benefits are extended to two year at half therate of sickness benefits.2) Maternity Benefit:At the rate of full wages for a period of 84 days in caseof pregnancy and 6 weeks in case of miscarriage or MTP.
  70. 70. THE EMPLOYEES STATE INSURANCE ACT, 1948 (Amended as on 1984)3) Disablement Benefit :-In cash, 72% of the wages is given to the temporarydisabled person during the period of disablement. Incase of permanent disablement, the payment is made atthe same rate for the whole of his life in the form ofpension.4) Dependent Benefit :-Widow or adopted child (up to the age of 18 years or tillthe daughter get married) of the diseased person getsthe cash payment may be in the form of pension.
  71. 71. THE EMPLOYEES STATE INSURANCE ACT, 1948 (Amended as on 1984)5) Funeral Benefit :- An amount of Rs. 5000 is paid to the eldest survivingmember for the funeral purpose.6) Medical Benefit :- All member of the worker gets the medical coverincluding the Outdoor treatment, domiciliary treatmentfacilities by the panel system, specialistservices, ambulance services, and indoor services.
  72. 72. The epidemic disease act,1897 An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases. The Act provides power to exercise for the control and to prevent any epidemic or spread of epidemic in the States or Country. The states may authorise any of its officers or agency to take such measures if the state feel that the public at large is threaten with an outbreak of any dangerous epidemic. Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code.
  73. 73. problems With public health laws Lack of awareness Social aspects Implementation problem Improper reporting Long time is taken in prosecution Practical problem :- Like in case of PC & PNDT Act, it is difficult to get proof for determination of sex because only mother and person performing the techniques knows if sex determination has been done and none of them admits. Widespread corruption
  74. 74. problems With public health laws Problems of antiquity, inconsistency, redundancy, and ambiguity rendering these laws ineffective, or even counter productive, in advancing the population‟s health. Problems of multiple layers of law consisting of successor layers of amendments constructed over a long period of time along with the problem of inconsistency wherein these laws remain fragmented not only within the States but also among them. Complex language of Acts
  75. 75. Suggested approaches An approach to rectify these problems in public health law should reform laws so that they confirm with modern scientific and legal standards and more uniformly addressed different health threats. In this regard, it is desirable to develop a public health law programme designed to improve the scientific understanding of the interaction between law and public health and to strengthen the legal foundation for public health practice. Strengthening of awareness activities.
  76. 76. New approachesNATIONAL LEGAL LITERACY MISSION :- Launched on March 2005 Initiated by National Legal Services Authority (NALSA) endeavor to empower the economically and socially disadvantaged citizens by making them legally literateObjectives:1. To promote awareness and redress social and economic imbalances2. To ensure land rights, providing legal aid to the needy3. To promote social consciousness with respect to gender equality, social justice, environmental protection, human security and human development
  77. 77. References• WHO India. Health Legislation in India: A Compilation. http://202.54.104.237/intranet/eip/legislation/index.php• Legislations. National Institute of Health & Family Welfare. http://nihfw.nic.in/ndc-nihfw/html/Legislations.htm• International Digest of Health Legislation, 1995, 46 (1).• Govt. of India. The infant milk substitutes, feeding bottles and infant food (Regulation of Production, Supply & Distribution) Act 1992 (No. 41 of 1992).• Govt. of India. Annual report 2001-2002. Ministry of Health & Family Welfare. Nirman Bhawan, New Delhi 110011• Govt of India. The Factories Act. 1948: Act No. 63 of 1948

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