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Showing posts from June, 2022

Child Custody

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The supreme court observed that income, age, bigger family cannot be the sole criteria to tilt balance in child-custody cases.  In this case, a five year boy who lost his parents due to covid to his paternal grandfather.  The paternal grandfather approach to high court by filling a writ petition (habeas corpus)  alleging that the boy’s maternal aunt is not allowing them to enter the house in his son and  daughter in law and that he is not even permitted to met the boy custody to the maternal  aunt. Aggrieved with this, the grandfather approached the high court.  Before the apex court, the appellant-grandfather contended that merely because he is aged  71yrs and his wife is aged 63yrs, it cannot be presumed that the paternal grandparents  would not be in position to take better care of grandson. The respondent contended that  the maternal aunt would be in a better position to look after and take care of boy than the  appellant paternal gr...

Protection of MTP Act

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PROTECTION OF MTP ACT Pregnancy is a great thing and a wonderful sensation for a woman, but occasionally life brings one to the place or condition where one must seek medical termination of pregnancy (MTP) or abortion. The termination of a pregnancy is referred to as abortion. The Cambridge dictionary defines it as "the purposeful termination of a pregnancy." Abortion can be obtained in two ways: medicinal abortion and surgical abortion. Prior to 1971, induced abortion was a criminal under the IPC, 1860, and was only permitted in life-threatening instances. Abortion was previously performed in secrecy by unqualified medical personnel, resulting in a high fatality rate. Furthermore, the female foeticide rate has significantly grown. MTP act 1971 was designed to avoid illicit female foeticide, mortality rate, and poor physical and mental condition of women (amended from time to time). Who can carry out MTP? A pregnancy can only be terminated by a certified medical pra...

Medical Negligence

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               The medical profession is seen as honourable since it aids in the preservation of life. Patients who consult a doctor or a hospital expect to be treated with the utmost knowledge and skill. However, since the Consumer Protection Act of 1986 went into force, public awareness of medical negligence in India has grown, as has the number of complaints and cases filed against doctors and hospitals. Hospital administration and clinicians are increasingly confronting criticism about their facilities, professional competence standards, and the propriety of their diagnostic methods. MEDICAL NEGLIGENCE Medical negligence is described as a healthcare professional's negligent, incorrect, or unskilled treatment of a patient. This can involve negligence on the part of a nurse, physician, surgeon, pharmacist, dentist, or other health care worker. Medical negligence is the basis for the majority of medical malpractice claims in which t...