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National Seminar on "Health Laws in India: Issues and Challenges"

Rashtrasant Tukadoji Maharaj Nagpur University's Dr. Babasaheb Ambedkar College of Law (BACL) is going to organize the National Seminar on "Health Laws in India: Issues and Challenges".

Date: 21st - 22nd January, 2016

About The Seminar:
Health and well being are deeply personal matters but being on the receiving end of it is what gives us new awareness on various aspects related to health. Every human has a right to highest attainable standard of physical and mental health. This right to health has thus evolved a whole system for protection of health. It ensures that every human has equal access to good quality of services for maintenance of sound health. Indian judiciary has recognized right to health as an indispensable part of right to life under article 21.

Right to Life does not connote merely animal existence rather it has a much wider meaning which includes right to health and medical care being essential for making the life of every person meaningful and purposeful with dignity of person. It is a basic human and fundamental right, as recognized in landmark cases like State of Punjab Vs. Mohinder Singh Chawla; Parmanand Katara Vs. Union of India, etc. Thus right to health was held as an as integral part of right to life and government has constitutional obligations to provide health facilities and medical services. At the same time, implementation of right to health has its own highest challenges.

Access to healthcare is compromised with poor services, deficient resources, lack of effective policies and legislations and similar hurdles. The role of local authorities thus arises to ensure creation and maintenance of appropriate conditions for protection and promotion of health of citizens. Being a mediatory between government and society as a whole, the local bodies, municipal corporations, health departments, etc, play a vital role in safeguarding right to health of public. Science and technology being synonymous to progress, also have an important role to play in promoting and protecting health of people.

Recent trends like organ transplantation, medical research, patenting, etc have raised many issues of ethics, morality quality, affordability and accessibility. Intellectual Property Rights acts as an incentive to innovators whereas on the other hand, the beneficiaries of technologies feel economically exploited. The IPR laws, therefore, must strike a balance between these conflicting and competing values.

Apart from this, there is a need to have other legislations also to address the ethical, moral and social issues arising out of technological advances and thus we have legislations like The Transplantation of Human Organs Act, 1994; Biomedical Waste Management and Handling Rules, 1998; Drugs and Cosmetics Act, 1940, etc.

Being directly related to the well being of an individual, maintenance of specific standards of nutrition, safe disposal of bio-medical waste, food safety, healthy and pollution free environment form substantial part of healthcare regime in India. The human tendency to exploit the market creates various ethical and moral duties for the healthcare service providers. Hence, a need arises to ensure that there is no exploitation of consumers of medical services.

Thus keeping in mind the broad perspectives of health law in India, this seminar focuses on intersection between law and health.

Theme: Health Laws in India: Issues and Challenges

Sub-Themes:

  • Constitutional perspective and role of International institutions in respect of human health
    • Right to health as a fundamental right and human right
    • Environment protection for protection and promotion of public health
    • Food safety laws
    • Role of local authorities in protection of human health
    • Role of International institutions
    • Laws and policies regarding health of tribal people

  • Regulation of health services in India
    • Freedom of medical profession
    • The Mental Health Act, 1987
    • Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of sex selection) Act, 1994
    • Biomedical Waste Management and Handling Rules, 1998
    • Drugs and Magic Remedies Act, 1954
    • Drugs and Cosmetics Act, 1940
    • The Maharashtra Medical Practitioners Act, 1961

  • Protection of interest of consumers of health services
    • Law of Negligence
    • Consumer Protection Act, 1986
    • Relevant provisions of the Indian Medical Council Act, 1956

  • Regulation of technologies impacting Human health
    • Issues arising out of Technological advances
    • Patenting of pharmaceutical products
    • Rules for Manufacture, Use, Import, Export and Storage of Hazardous Macro Organisms, Genetically Engineered Organisms and of Cells, 1989
    • Transplantation of Human Organs Act, 1994
    • Assisted Reproductive Technology Bill, 2010
    • Biotechnology Regulation Authority of India Bill, 2013

Call for Papers:

  • Maximum word limit for the paper is 3000 words (excluding footnotes).
  • An Abstract of the paper (max 300 words) should be sent to the organizers on or before 30th November, 2015.
  • Selection of papers for presentation & publication is at the exclusive discretion of the editorial board constituted for this purpose. On the basis of the abstract of the paper and the results of the same shall be conveyed to the participants.
  • Page: A4, Margins: 1" all sides, Font: Times New Roman size 14 for Headings, Times New Roman size 12 for the main body and Times New Roman size 10 for the footnotes. The main body must be typed in 1.5 line spacing and the footnotes shall be in single line spacing.
  • All pages are to be numbered serially and the page number shall be placed in the footer section of the page.
  • All articles shall conform to the rules of research paper and shall reach the organizer on or before 15th December, 2015.
  • The participants are requested to email the entire material on the email id: rtmnubacl.seminar@gmail.com
  • Participants have to remit the registration fee through NEFT (National Electronic Fund Transfer) mechanism in A/c No. 52502010001473 in the name of the Principal of the College with Syndicate Bank, Law College Square Branch Nagpur, having IFSC Code No: SYNB0005250, by 30th November, 2015.
  • Selection of the participants for the purpose of award of prize shall be on the basis of presented paper. Decision of jury in this matter shall be final and binding on all.
  • Selected Papers will be published in the college journal bearing ISSN number to be released in the inaugural function.
  • The seminar is open for academicians, research scholars, professionals, representatives and students of various institutions to submit their papers on either of the topic of the sub-theme to be covered in different technical sessions.

Registration Fee (for Individuals):

  • Students: Rs. 500/-
  • Faculty and others: Rs. 1000/-

* For accommodation, Rs. 1000/- extra for each category.

Important Dates:

Last date of Registration and Abstract

30th November, 2015

Last date of Submission of Paper

15th December, 2015

Date of Seminar

21st & 22nd January, 2016

Contact:
Dr. Pravina Khobragade
Seminar Coordinator
Phone: +91-9420569655

Ms. Jhankruti Badani
President
Phone: +91-9371060055

Ms. Riya Bais
Vice-President
Phone: +91-7709431791

Rashtrasant Tukadoji Maharaj Nagpur University's Dr. Babasaheb Ambedkar College of Law (BACL)
Law College Building,
Dr. Babasaheb Ambedkar Bhavan,
Amravati Road, Nagpur.
Email: rtmnubacl.seminar@gmail.com
Website: www.rtmnubacl.org

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