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Singh Babita, Sarla, Chandra Umesh; International Journal of Advance Research, Ideas and Innovations in Technology.
© 2017, IJARIIT All Rights Reserved Page | 993
ISSN: 2454-132X
Impact factor: 4.295
(Volume3, Issue1)
Available online at: www.ijariit.com
Impotence and Sterility with Special Reference to its
Medicolegal Importance
Dr. Babita Singh
(Assistant Professor)
Dept. Agadtantra even vidhiayurved
G.A.C.Varanasi
Dr. Sarla
(Associate Professor)
Dept. Samhita and sidhant,
G.A.C.Varansi
Dr.Umesh Chandra
(Assistant Professor)
Dept. Agadtantra evam vidhiayurved
G.A.C.Varanasi
Abstract: Impotence and sterility generate physically and mentally impairment. Impotency and sterility are like a stigma to a
family & society. In Ayurveda impotence described as a nampunsakta or klaivya and sterility described as a bandhytav and its
causes, types, lakshan, sadhyasadhyta are in our medical practice may be required to examine an individual for impotence and
sterility for the Medicolegal purposes. Above factors can cause infertility. Impotency or nampunsakta in men is an According
to ayurveda, there are four main factors responsible for an effective and healthy conception – Ritu (proper ovulation and
healthy permeation), Kshethram (pure and favorable uterine atmosphere), Ambu (proper nourishment and blood circulation),
Beejam (healthy zygote). Impairment in any one of the results of an abnormality in Shukra Dhatu (semen). The causes for
impotency are of seven types according to Bhasajya Ratnavali. These are manas (psychological), pittaj, shukra kshayaj
(deficiency in shukra dhatu qualitatively & quantitatively), medrarogaj (disease of genital organs), upghataj (trauma to the
genital organs), shukrasthambaj (suppression of sexual urge) and sahaj (congenital). Out of these sahaj and upghataj are
incurable. In relation to female infertility or bandhytav out of twenty yonivyapads, shandi yonivyapad is considered as
congenital and is incurable.
Keywords- Impotence, Sterility, Bandhyatav, Nampuskta, Medicolegal, Beej, Yonivyapad, Ritu.
1. INTRODUCTION
AIMS AND OBJECTIVE
A) To acknowledge impotence &sterility detail description through Ayurveda
Impotency or nampunsakta in men is an According to Ayurveda, there are four main factors responsible for an effective and
healthy conception – Ritu (proper ovulation and healthy permeation), Kshethram (pure and favorable uterine atmosphere), Ambu
(proper nourishment and blood circulation), Beejam (healthy zygote). Impairment in any one of the results of an abnormality in
Shukra Dhatu (semen). The causes for impotency are of seven types according to Bhasajya Ratnavali. These are manas
(psychological), pittaj, shukra kshayaj (deficiency in shukra dhatu qualitatively & quantitatively), medrarogaj (disease of genital
organs), upghataj (trauma to the genital organs), shukrasthambaj (suppression of sexual urge) and sahaj (congenital). Out of these
sahaj and upghataj are incurable. In relation to female infertility or bandhytav out of twenty yonivyapads, shandi yonivyapad is
considered as congenital and is incurable.
B) To acknowledge medicolegal importance of impotence and sterility
1) CIVIL CASES
a) Nullity of marriage (i.e. declaring a marriage as null and void i.e. no valid marriage existed. Legally marriage means physical
union by coitus, and therefore if marriage has not been or cannot be consummated, it can be annulled.
Singh Babita, Sarla, Chandra Umesh; International Journal of Advance Research, Ideas and Innovations in Technology.
© 2017, IJARIIT All Rights Reserved Page | 994
Impotence in the male existing since before marriage and being permanent is a valid ground for nullity of marriage as per sec.12
of Hindu Marriage Act1955, &Sec.24 of Special Marriage Act, 1954. Sterility is not a ground for nullity of a marriage. That the
woman has borne a child is no conclusive proof of consummation of marriage, as pregnancy can result from- Fecundation
an extra (pregnancy from semen on vulva or thighs i.e., without penetration) though is very rare. - A.I. (Artificial insemination).
b)-Disputed paternity (illegitimacy) - i.e., when the alleged father states that being impotent or sterile, he cannot be the father of
that child.
c) Compensation due to loss of sexual function.
2) CRIMINAL CASES
a) Rape (when impotence is pleaded as defence), though impotent can commit rape.
b) Adultery.
c) Unnatural sexual offences.
d) Impotence/sterility resulting from assault or injury.
e) When mother puts forth a suppositious child.
3) To acknowledge medical examination for impotence and sterility MEDICAL EXAMINATION FOR IMPOTENCE
Any examination should be done only after recording
 Reference of requisition letter -it's no. & date.
 Preliminary data.
 2 marks of identification.
 Written informed consent.
Examination includes
1) History
a) Especially of illness, nervous & mental diseases.
b) Sexual history.
2) General examination
3) Systemic examination-of all systems, especially
a) CNS
b) Psychological problems.
4) Local genital examination for-
a) Development of secondary sexual characters.
b) Any congenital anomaly in genitals.
c) Any local diseases in genitals.
d) Any mechanical obstruction to sexual intercourse – e.g., large hydrocele, scrotalhernia, elephantiasis, adhesions of labia etc.
e) Any growth or carcinoma of genitals.
f) General development of genitals.
5) In case of nullity of marriage, also ensure
a) That the cause for impotence is permanent and cannot be corrected even after surgery.
b) That the cause for impotence is existing since before marriage.
c) That impotence exists in relation to the marriage partner.
6) OPINION-
a) If all is normal, usually a negative opinion is given-
After my examination, I conclude that there is nothing to suggest that he/she is incapable of performing / taking part, in
sexual intercourse. (Negative opinion is given, because even a normal may be impotent due to psychological causes.
OR After my examination, I conclude that he/she is impotent.
Singh Babita, Sarla, Chandra Umesh; International Journal of Advance Research, Ideas and Innovations in Technology.
© 2017, IJARIIT All Rights Reserved Page | 995
MEDICAL EXAMINATION FOR STERILITY
In male-Semen is examined. It is collected by masturbation, after one week of abstinence. If normal-
a) The volume in each ejaculated is 3-5 ml.
b) There are60-120 millions of spermatozoa in each ml of semen.
c) Of the total -80% spermatozoa are motile.
d) Of the total – 80% spermatozoa have complete and intact morphology (Each spermatozoon is 50-55 micron
long, his head, Neck, body & tail, head being 5x3micron2)-
In female-In fertile, she has-
a) Normal secondary sexual characters.
b) Normal development of genitals.
c) Normal menstruation
d) Ovulation present
e) Uterus of normal size
f) Patent fallopian tubes
g) Normal hormonal balance
CONCLUSION
It’s a duty of a doctor to examine the patient of sterility & impotence carefully for justice in civil &criminal cases .In this way, we
doctor fulfill the aim of Forensic medicine. It is the application of principle and knowledge of medical science to legal purposes
and legal proceeding so as to aid in the administration of justice and also make a happy life to a Person. In Ayurveda the person is
not afflicted with any somatic or psychic disorder is particularly youthful capable with strong strength energy, energy, reputation,
manliness& prowess.
REFERENCES
1. Text book of Forensic medicine and jurisprudence author s.k.singhal chapter 9(1) impotence and sterility
2. Text-book of medical jurisprudence author c.k. Parik
3. Textbook of vayharayuevd binay Sen chaukhamba publications
4. Bhaishjyaratnawali chapter 92/3 Chanukambha publications
5. Charak sutrasthan 28/18-19 chaukhamba publications
6. Charak sutrasthan 30/34 chaukhamba publications
7. www.slide share.com
8. PubMed
9. Charak sutrasthan11/23 chaukhamba publications

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Impotence and Sterility with Special Reference to its Medicolegal Importance

  • 1. Singh Babita, Sarla, Chandra Umesh; International Journal of Advance Research, Ideas and Innovations in Technology. © 2017, IJARIIT All Rights Reserved Page | 993 ISSN: 2454-132X Impact factor: 4.295 (Volume3, Issue1) Available online at: www.ijariit.com Impotence and Sterility with Special Reference to its Medicolegal Importance Dr. Babita Singh (Assistant Professor) Dept. Agadtantra even vidhiayurved G.A.C.Varanasi Dr. Sarla (Associate Professor) Dept. Samhita and sidhant, G.A.C.Varansi Dr.Umesh Chandra (Assistant Professor) Dept. Agadtantra evam vidhiayurved G.A.C.Varanasi Abstract: Impotence and sterility generate physically and mentally impairment. Impotency and sterility are like a stigma to a family & society. In Ayurveda impotence described as a nampunsakta or klaivya and sterility described as a bandhytav and its causes, types, lakshan, sadhyasadhyta are in our medical practice may be required to examine an individual for impotence and sterility for the Medicolegal purposes. Above factors can cause infertility. Impotency or nampunsakta in men is an According to ayurveda, there are four main factors responsible for an effective and healthy conception – Ritu (proper ovulation and healthy permeation), Kshethram (pure and favorable uterine atmosphere), Ambu (proper nourishment and blood circulation), Beejam (healthy zygote). Impairment in any one of the results of an abnormality in Shukra Dhatu (semen). The causes for impotency are of seven types according to Bhasajya Ratnavali. These are manas (psychological), pittaj, shukra kshayaj (deficiency in shukra dhatu qualitatively & quantitatively), medrarogaj (disease of genital organs), upghataj (trauma to the genital organs), shukrasthambaj (suppression of sexual urge) and sahaj (congenital). Out of these sahaj and upghataj are incurable. In relation to female infertility or bandhytav out of twenty yonivyapads, shandi yonivyapad is considered as congenital and is incurable. Keywords- Impotence, Sterility, Bandhyatav, Nampuskta, Medicolegal, Beej, Yonivyapad, Ritu. 1. INTRODUCTION AIMS AND OBJECTIVE A) To acknowledge impotence &sterility detail description through Ayurveda Impotency or nampunsakta in men is an According to Ayurveda, there are four main factors responsible for an effective and healthy conception – Ritu (proper ovulation and healthy permeation), Kshethram (pure and favorable uterine atmosphere), Ambu (proper nourishment and blood circulation), Beejam (healthy zygote). Impairment in any one of the results of an abnormality in Shukra Dhatu (semen). The causes for impotency are of seven types according to Bhasajya Ratnavali. These are manas (psychological), pittaj, shukra kshayaj (deficiency in shukra dhatu qualitatively & quantitatively), medrarogaj (disease of genital organs), upghataj (trauma to the genital organs), shukrasthambaj (suppression of sexual urge) and sahaj (congenital). Out of these sahaj and upghataj are incurable. In relation to female infertility or bandhytav out of twenty yonivyapads, shandi yonivyapad is considered as congenital and is incurable. B) To acknowledge medicolegal importance of impotence and sterility 1) CIVIL CASES a) Nullity of marriage (i.e. declaring a marriage as null and void i.e. no valid marriage existed. Legally marriage means physical union by coitus, and therefore if marriage has not been or cannot be consummated, it can be annulled.
  • 2. Singh Babita, Sarla, Chandra Umesh; International Journal of Advance Research, Ideas and Innovations in Technology. © 2017, IJARIIT All Rights Reserved Page | 994 Impotence in the male existing since before marriage and being permanent is a valid ground for nullity of marriage as per sec.12 of Hindu Marriage Act1955, &Sec.24 of Special Marriage Act, 1954. Sterility is not a ground for nullity of a marriage. That the woman has borne a child is no conclusive proof of consummation of marriage, as pregnancy can result from- Fecundation an extra (pregnancy from semen on vulva or thighs i.e., without penetration) though is very rare. - A.I. (Artificial insemination). b)-Disputed paternity (illegitimacy) - i.e., when the alleged father states that being impotent or sterile, he cannot be the father of that child. c) Compensation due to loss of sexual function. 2) CRIMINAL CASES a) Rape (when impotence is pleaded as defence), though impotent can commit rape. b) Adultery. c) Unnatural sexual offences. d) Impotence/sterility resulting from assault or injury. e) When mother puts forth a suppositious child. 3) To acknowledge medical examination for impotence and sterility MEDICAL EXAMINATION FOR IMPOTENCE Any examination should be done only after recording  Reference of requisition letter -it's no. & date.  Preliminary data.  2 marks of identification.  Written informed consent. Examination includes 1) History a) Especially of illness, nervous & mental diseases. b) Sexual history. 2) General examination 3) Systemic examination-of all systems, especially a) CNS b) Psychological problems. 4) Local genital examination for- a) Development of secondary sexual characters. b) Any congenital anomaly in genitals. c) Any local diseases in genitals. d) Any mechanical obstruction to sexual intercourse – e.g., large hydrocele, scrotalhernia, elephantiasis, adhesions of labia etc. e) Any growth or carcinoma of genitals. f) General development of genitals. 5) In case of nullity of marriage, also ensure a) That the cause for impotence is permanent and cannot be corrected even after surgery. b) That the cause for impotence is existing since before marriage. c) That impotence exists in relation to the marriage partner. 6) OPINION- a) If all is normal, usually a negative opinion is given- After my examination, I conclude that there is nothing to suggest that he/she is incapable of performing / taking part, in sexual intercourse. (Negative opinion is given, because even a normal may be impotent due to psychological causes. OR After my examination, I conclude that he/she is impotent.
  • 3. Singh Babita, Sarla, Chandra Umesh; International Journal of Advance Research, Ideas and Innovations in Technology. © 2017, IJARIIT All Rights Reserved Page | 995 MEDICAL EXAMINATION FOR STERILITY In male-Semen is examined. It is collected by masturbation, after one week of abstinence. If normal- a) The volume in each ejaculated is 3-5 ml. b) There are60-120 millions of spermatozoa in each ml of semen. c) Of the total -80% spermatozoa are motile. d) Of the total – 80% spermatozoa have complete and intact morphology (Each spermatozoon is 50-55 micron long, his head, Neck, body & tail, head being 5x3micron2)- In female-In fertile, she has- a) Normal secondary sexual characters. b) Normal development of genitals. c) Normal menstruation d) Ovulation present e) Uterus of normal size f) Patent fallopian tubes g) Normal hormonal balance CONCLUSION It’s a duty of a doctor to examine the patient of sterility & impotence carefully for justice in civil &criminal cases .In this way, we doctor fulfill the aim of Forensic medicine. It is the application of principle and knowledge of medical science to legal purposes and legal proceeding so as to aid in the administration of justice and also make a happy life to a Person. In Ayurveda the person is not afflicted with any somatic or psychic disorder is particularly youthful capable with strong strength energy, energy, reputation, manliness& prowess. REFERENCES 1. Text book of Forensic medicine and jurisprudence author s.k.singhal chapter 9(1) impotence and sterility 2. Text-book of medical jurisprudence author c.k. Parik 3. Textbook of vayharayuevd binay Sen chaukhamba publications 4. Bhaishjyaratnawali chapter 92/3 Chanukambha publications 5. Charak sutrasthan 28/18-19 chaukhamba publications 6. Charak sutrasthan 30/34 chaukhamba publications 7. www.slide share.com 8. PubMed 9. Charak sutrasthan11/23 chaukhamba publications