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Showing posts with the label Dr.Pallavi Gupta

Which right shall prevail in case conflict arises between right to health and right to Privacy???

  Healthcare industry is based on fiduciary relation between healthcare providers or Doctor and patients. Patient’s confidentiality and the protection of privacy is the foundation of the doctor-patient relationship. This fiduciary relationship between healthcare providers or Doctor and patients is established through the Indian Medical Council Act of 1952. Section 20(A) of the Act provides the code of ethics for the doctors to follow in their profession.   The concept of Medical confidentiality or privacy provides that every healthcare provider shall maintain all the information of patient safe, received from the patient during the course of the treatment. In healthcare sector privacy includes different aspects like informational privacy, physical privacy, associational privacy, proprietary privacy & decisional privacy. Therefore in right to privacy or confidentiality of individual, personal and medical information is kept confidential between him, the doctor, phys...

Distinction between Qualification and Disqualification of candidates for MP and MLA: Indian Jurisprudence

Qualification means those positive attributes which makes a person eligible to occupy a particular position, post of public office, while disqualification means those negative aspects of a person which negate   his occupancy for his position, post or public office despite his being qualified therefore. In All India Democratic women’sAssociation v/s State of Haryana 2016 (3) SCJ 328, SC observed   that there is no legal distinction between these two   expression. In common parlance it is understood that a qualification is the existence a particular state of   affairs which   makes possible achievement of particular object, while disqualification means absence of a particular state of affairs which renders the achievement of object impossible. As a conclusion citizenship of India is a condition precedent for membership of parliament and state legislature under article 84 and 171. Lack of citizenship is stipulated to be disqualification for membership of eit...

Health Care as an Issue at National Level

Under the constitutional mandate it is the primary duty of government to raise the level of nutrition and the standard of living of its people and the improvement of public health.   As per the report of World Bank, in 2015, total expenditure on health was 3.89% of the GDP, of which only 1% was the governmental health expenditure. Most of the healthcare expenses are paid directly out of pocket by patients, rather than through health insurance . Government health policy has encouraged expansion of private health care sector. Health care industry comprises hospitals, medical devices, medical applications, clinical trials, health insurance, telemedicine and health insurance. Health care system in India includes three components- public health care, private health care and Medication. Public healthcare It is stated that the government has a responsibility to provide health services that are affordable, adequate, new and acceptable for its citizens. ...

Insight of the Representation of People Act, 1950

Objective: The objective of the Act is (1) the allocation of seats in the House of the People and the Legislatures of States (2) delimitation of constituencies for the purpose of Election (3) the qualifications of voters for elections of House of the People and the Legislatures of States (4) the preparation of electoral rolls and (5) the manner of filling seats in the Council of States to be filled by representatives of Union territories. Allocation of Seats [1] : This Act speaks about 3 kinds of Constituencies- (a) Parliamentary Constituency (b) Assembly Constituency (c) Council Constituency. Allocation of seats means (1) total number of seats to the States in the house of people and the number of seats reserved for the Scheduled Castes and Scheduled Tribes in each State (2) total number of seats to the States in the Legislative Assembly of each State and the number of seats reserved for the Scheduled Castes and Scheduled Tribes of the State (3) total number of seats in t...