This document discusses medical deviance by privileged class members such as doctors. It provides examples of unethical acts some doctors engage in, such as illegal abortions, dilatory tactics to extract money, and involvement in corruption. It also outlines several laws aimed at preventing such deviance, including the MTP Act, provisions of the IPC, and the Transplantation of Human Organ and Tissue Act. Major instances of medical deviance in India discussed are the cases of Ketan Desai and Mansukh Shah. The document stresses that while most doctors practice ethically, some deviate from medical ethics and forget their humanitarian duties.

1. NAME: JAY H. OZA
ROLL NO: 10
SUBJECT : PRIVILEGED CLASS
DEVIANCE
(L.L.M. PART 1)

2.  Differing from a norm or from the accepted standards
of a society.
 The word deviance is generally used for wrong done by
the person who is in the power or by the privileged
class people.
 Misused of power by privileged class people is called
deviance

3.  Medical professional is considered as a noble
profession as it relieves pain and disease of
people.
 Most of the doctors are law abiding citizens
and believe in ethical medical practice and
are aware of their responsibilities towards the
patients.
 But some doctors deviate from their ethics
and use wrong methods in their medical
practice and forget humanitarian aspect.

4.  People have too much faith and respect for
doctors even today.
 Doctors performs certain unethical acts during
the course of their professional aand violate legal
norms.
 There are also doctors who are involved in
corruptions, issuance of medical certificates,
helping illegal abortions, secret services to
dacoits.
 Dilatory tactics are also adopted by the members
of this profession for extracting huge money.

5.  There are various laws to stop medical deviance or
protecting people from wrong done.
 MEDICAL TERMINATION OF PREGNANCY
(MTP) ACT.
 VARIOUS PROVISIONS OF IPC
 TRANSPLANTATION OF HUMAN ORGAN AND
TISSUE ACT,2011
 CONSUMER PROTECTION ACT,1986
 INDIAN MEDICAL COUNCILACT,1956.

6.  Sec. 3 provides
“When pregnancies may be terminated by
registered medical practitioners”
o (a) where the length of the pregnancy does not exceed twelve weeks
o (b) where the length of the pregnancy exceeds twelve weeks but
does not exceed twenty weeks, if not less than two registered medical
practitioners are, of opinion, formed in good faith
1.continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury to her physical or mental health
2.there is a substantial risk that if the child were born, it would suffer
from such physical or mental abnormalities as to be seriously
handicapped.
 No pregnancy of a woman, who has not attained the age of eighteen
years, or, who, having attained the age of eighteen years, is a mentally ill
person, shall be terminated except with the consent in writing of her
guardian.

7.  Whoever terminates any pregnancy in a place other
than that mentioned,
 shall be punishable with rigorous imprisonment for
a term which shall not be less than two years but
which may extend to seven years.
PROVISIONS OF INDIAN PENAL CODE.
 Sec. 304 A
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.

8.  Whoever voluntarily causes a woman with child to
miscarry, shall, if such miscarriage be not caused in good
faith for the purpose of saving the life of the woman, be
punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with
both; and,
 if the woman be quick with child, shall be punished with
imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
 Explanation.—A woman who causes herself to miscarry, is
within the meaning of this section.

9.  Sec 17. says
 preparation or submission of false documents or giving false
affidavits regarding donor as a near relative.
- Shall be punished with 5 years imprisonment which may
extends to 10 years imprisonment
- And ; shall be liable to fine which shall not be less than 20
lacs which may extend to 1 crore rupees.

10.  Sec. 24 provides
Removal of names from the Indian Medical
Register.
Where the name of any person has been removed from a
State Medical Register on the ground of professional
misconduct or any other ground

11.  1).Misleading advertising
Dr. b. ashokkumar V/s. narsinhma swami
 2). Prolonged treatment by false
representation of illness/disease
K.C.Bhola V/s. khera hospital and others.
 3). Deficiency of service/ Negligence.
sundara velu & ors. V/s.
Dr. (Mrs.) Vijayalakshmi & ors.

12. TWO MAJOR INSTANCES IN THE HISTORY OF
MEDICAL DIVANCE IN INDIA.
 1). KETAN DESAI’S CASE
 2). MANSUKH SHAH’S CASE ( SUMANDEEP
VIDHYAPITH)

13. THANK YOU