DEPARTMENT OF

FORENSIC MEDICINE
OBJECTIVES
Medical Termination of Pregnancy Act
(M.T.P.)
Transplantation of Human Organs Act.
The Workmens Compensation Act.
Consumer Protection Act.
The Prenatal Diagnostic Techniques Act.
Mental Health Act.
Medical Termination Of
Pregnancy
(M.T.P) Act 1971
 INDICATIONS
1) Therapeutic: When the continuation of
the pregnancy endangers the life of a
woman, or may cause severe injury to her
physical or mental health.
2) Eugenic: When there is a risk of child
being born with serious physical and
mental abnormality. This may occur in.
(a) If the pregnant woman in first three
months suffer from
i. German measles,(incidence of congenital
defects about 10%)
ii. Smallpox or chickenpox.
iii. Severe viral infections
iv. Toxoplasmosis
(b) If the pregnant woman is treated with
drugs like thalidomide, cortisone, aminopterin,
antibiotic drugs or if she consumes
hallucinogens or antidepressants.
(c) If the mother is treated by X-ray or
radioisotopes.
(d) Insanity of the parents.
(e) Viral hepatitis.
3) Humanitarian: When pregnancy has been
caused by rape.
4) Social:
(a) When pregnancy has resulted from the
failure of contraceptive methods in case of
married woman, which is likely to cause
serious injury to her mental health.
(b) When social or economic environment,
actual or reasonably expected, can injure
the mothers health.
 RULES
(1) Only a qualified registered medical
practitioner having prescribed experience
can terminate pregnancy. A registered
practitioner can qualify if he has assisted in
performance of 25 cases of M.T.P. in a
recognised hospital.
(2) The pregnancy should be terminated in
government hospitals or hospitals
recognised by the government for this
purpose.
(3) Private hospitals may take up abortion if
they obtain a licence from Chief Medical
Officer of the district.
(4) The consent of the woman is required
before conducting the abortion: written
consent of the guardian is required if the
woman is a minor or a mentally ill person.
Consent of the husband is not necessary.
(5) Abortion cannot be performed on the
request of the husband, if the woman herself
is not willing.
(6) The woman need not produce proof of her
age. The statement of the woman that she is
over 18 years of age is accepted.
(7) It is enough for the woman to state that
she was raped, and it is not necessary that a
complaint was lodged with a police.
(8) Professional secrecy has to be maintained.
(9) If the period pregnancy is below 12 weeks,
it can be terminated on the opinion of a single
doctor.
(10) If the period of pregnancy is below 20
weeks, two doctors must agree that there is
an indication.
(11) Once the opinion is formed, the
termination can be done by any one doctor.
(12) In an emergency: pregnancy can be
terminated by a single doctor even without
required training (even after 20 weeks)
without consulting a second doctor, in a
private hospital which is not recognised.
(13) The termination of pregnancy by a
person who is not registered medical
practitioner (person concerned), or in an
unrecognised hospital (administrative head)
shall be punished with rigorous imprisonment
for a term which shall not be less than 2
years, but may extend yo 7 years.
 CONFIDENTIALITY
The owner/head of the hospital should

maintain an admission register for recording

the details of M.T.P.
The name of the patient should not be

entered in any case sheet, operation

theatre register or any other record.
 The entries in the register shall be made
serially for every year.
The register is a secret document, which
should be kept under safe custody for 5
years.
In all other documents, the number assigned
to each patient in the M.T.P. register should
be used as a reference number.
A certificate can be issued to any employed
woman.
TRANSPLANTATION OF HUMAN
ORGAN ACT-1994
 The Central and the State Governments are
empowered to appoint Appropriate
Authority who will grant registration,
cancellation, renewal or supervision of the
hospitals dealing with organ transplantation
and also specify the criterias/ conditions
reqired to be fulfilled for registration of such
organisations.
 Authorisation committee will impose
restriction of removal and transplantation of
human organs.
Human organs cannot be removed for any

purpose other than therapeutic purpose.

 PURPOSE OF THE ACT
(1) To legalize and regulate removal of human
organs for transplantation and storage, both
from living and dying persons (living cadaver)
where brain stem death has occurred.
(2) To declare brain stem death a board of
medical experts is permitted to certify. The
board consists of
a) Medical officer-in-charge of the hospital.
b) An independent medical specialist.
c) A neurologist/ neurosurgeon.
d) The treating physician of the patient.
(3) For testing the acceptability of foreign
organs/ tissues by the recipient, the
recommended guidelines are to be followed.
(4) The hospital where transplantation will be
performed should have compulsory
registration fulfilling the conditions laid down
in guidelines.
(5) The laboratories where the tests will be
performed should have proper facilities and
certified by Appropriate Authority.
(6) After removal of the organ, it is to be
stored following current and accepted
scientific method to retain vitality.
 PENAL PROVISIONS OF THE ACT
Punishment includes erasure of the name of

the physician for 2 years from Provincial

Medical Council for the first offence and
permanent erasure of the name of
subsequent offences, or imprisonment for 2-
5 years with fine of 10,000/- rupees
depending upon the nature, character and
degree of the offence.
 For commercial trading of human organs,
the offender is liable to be punished for an
imprisonment up to 7 years and fine up to
rupees 20,000/-.
The cases under this Act are tried by First

Class Judicial/ Metropolitan Magistrates.

THE WORKMENS
COMPENSATION ACT- 1923
 This Act provides payment of compensation
to workmen for injuries sustained by them
by accident, arising out of and in the course
of employment.
If a workmen is killed, his dependants will

be entitled to compensation for his death.

 Under the Act, if a workmen contracts any
disease specified therein as an occupational
disease peculiar to that employment
(anthrax, primary cancer of the skin,
pathological manifestations due to X-rays,
radium, etc., poisoning by lead,
phosphorus, mercury, arsenic), it is deemed
to be an injury by accident for purpose of
compensation.
 The amount of compensation depends upon
whether the injury has caused death,
permanent total disablement, or permanent
partial disablement.
In all industrial diseases and injuries,

medical evidence will be necessary.

 As such, it is important for a doctor to keep
complete records of an injury sustained by an
employee during the course of the
employment.
It should be determined whether or not there is
any casual relationship between an accident or
injury and a death, and of acceleration or
aggravation of a pre-existing natural disease
process.
He should diagnose and evaluate the presence
and extent of occupational diseases.
CONSUMER PROTECTION
ACT (CPA/ COPRA)- 1986
(Amended in 2002)
CONSUMER DISPUTES REDRESSAL
AGENCIES:
1) District forum entertains claims up to
twenty lakhs.
2) State Commission entertains claims
between 20 lakhs to one crore.
3) National Commission entertains claims of
over one crore rupees.
 They provide speedy and simple solution to
consumers disputes.
These quasi-judicial bodies observe the

principles of natural justice, and are

empowered to give reliefs of a specifuc
nature, and award wherever appropriate
compensation to consumers.
It also prescribes penalties for non-

compliance of the orders.

 MANNER IN WHICH COMPLAINT SHALL
BE MADE:
A complaint, in relation to any goods sold or

delivered or any service provided or agreed

to be provided may be filed with a District
Forum by
a) Consumer
b) Recognised consumer association
c) One or more consumer,
d) Central or State Government.
 PROCEDURE
Every complaint is heard as early as
possible.
If the complaint relates to any services, the
District Forum shall refer a copy of such
complaint to the opposite party within 21
days of the admission date, directing the
individual to give their version of the case
within a period of thirty days.
 The dispute is settled on the basis of the
evidence brought to its notice by the
complaint and the opposite party.
The District Forum has the same powers as

are vested in a Civil Court (First Class

Magistrate), under the Code of Civil
Procedures, 1908.
Ordinarily no adjournment is granted unless

sufficient cause is shown.

 If the District Forum is satisfied that the
goods complained against suffer from any
of the defects specified in the complaint or
that any of the allegations contained in the
complaint about the services are proved, it
will issue an order to the opposite party
directing him to remove the defect or
replace the goods, or to provide adequate
costs to parties.
 APPEALS
The aggrieved person can prefer an appeal

to the State Commission within a period of

thirty days from the date of the order.
Further appeals can be made to National

Commission and finally to the Supreme

Court, within a period of 30 days from the
date of the order.
 CPM AND MEDICAL SERVICES
The doctors and the hospitals that render

service as medical practitioners are liable

for any act of medical negligence and they
can be sued for compensation under the
Consumer Protection Act.
Service rendered to a patient by a medical

practitioner by way of consultation,

diagnosis and treatment, both medical and
surgical ,
 At a government hospital, health care
centre or dispensary, or at a non-
Government hospital or nursing home
where charges are required to be paid by all
persons or persons who are in a position to
pay, and the persons who can afford to pay
are rendered free of charge, fall within the
purview of this act.
 Doctors are liable to pay compensation to
the patient, if their professional negligence
results in injury or death of the patient.
As there is no scope for testimony by

medical experts, and the District Forum or

State Commission comes to its own
conclusions, there is every way of justice
being miscarried.
THE PRENATAL DIAGNOSTIC
TECHNIQUES (P.T.D.) ACT-
1994.
 The objectives of the act are:
(1) Prohibition of the misuse of prenatal
diagnostic technique for determination of
sex of foetus, leading to female foeticide.
(2) Prohibition of advertisement of P.T.D. for
determination of sex.
(3) Permission and regulation of the use of PTD
for the purpose of detection of specific
genetic abnormalities or disorders, only on
certain conditions by the registered
institutions.
 The tests should not be carried out unless
any one or more of the following conditions
are fulfilled, namely:
(1) Pregnant woman is above 35 years
(2) History of two or more spontaneous loss of
pregnancy,
(3) History of exposure to teratogenic drugs,
radiation, infections, or hazardous
chemicals
 (4) Family history of mental retardation or
physical deformities or any other genetic
disease. The test can be carried out only
for the detection of :
a) Chromosomal abnormalities
b) Genetic or metabolic disorders
c) Haemoglobinopathies
d) Sex-linked genetic diseases
e) Congenital anamolies.
THE MENTAL HEALTH ACT-
1987
 This act repeals the Indian Lunacy Act 1912.
The Act has changed the following terms:

a) Psychiatric hospital is used instead of

mental hospital
b) Mentally ill person instead of lunatic,
unsoundness of mind instead of insane.
c) Mentally ill prisoner instead of criminal
lunatic.
 The main provisions of the act are:
(1) Mentally ill person is defined as a
person who is in need of treatment by
reason of any mental disorder other
than mental retardation.
(2) The Central Government and the State
Government have to establish an Authority
for Medical Health, for the regulation,
development, and coordination with
respect to Mental Health services.
(3) Establishment and maintainance of
psychiatric nursing homes can be done only
with licence, which has to be renewed every
five years.
(4) If a mentally ill person is received or
detained against the provisions of the Act,
the punishment is imprisonment up to two
years and also fine.
(5) For every psychiatric hospital or nursing
home, the Government should appoint not
less than five visitors, of whom at least one
should be a medical officer.
 Not less than three visitors shall make a
joint inspection of hospital or nursing home,
at least once in every month, and examine
every minor patient, and as far as possible
all other mentally ill persons, and order for
the admission of, and the medical
certificates, and shall enter their remarks in
a book
THANK
YOU