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CME

Public Health Legislations in India (Part-I)

Durgesh Prasad Sahoo1, Vikas Bhatia2
Senior Resident, 2Professor & Head, Department of Community Medicine & Family Medicine, All India Institute of Medical Sciences,
1

Bhubaneswar

Introduction The objectives of public health legislations are to

Right to health is one of the fundamental human rights • Protect and promote the health of their population,
which is often compromised by outcomes of human
behaviour either individually or as a social group, which • Sustain the health policies and programs,
are faced by the entire population in everyday life. This
• Prevent ill health resulting from unsafe products and
can be managed by changing the health behaviour through
unsafe living conditions,
one of the basic approaches like- regulatory approach,
service approach and health education approach. Though • Fight new and re-emerging communicable disease,
health education is the ideal approach but many times
regulatory approach is also necessary considering the • Support the development of health systems,
seriousness of the issue. The holistic vision of Indian
medicine focusing on philosophy, technical and scientific • Combat continuing poverty, inequities in health and
aspects, has grabbed attention of many historians over the discrimination.3
years and has evolved traversing a long path with constant
The Constitution of India has sufficient provision for the
changes adopted through trial and error method. Not only
protection, promotion and growth of every individual,
the form of medical care, but also the code of conduct has
worker, groups and vulnerable population in relation to
gained focus lately. Continuous efforts were done to make
health and nutrition. To achieve these goals, various acts
this science a legal, ethical and morally focused one. To
are adopted.
strengthen the health care system, a focused legislatory
approach is a pre-requisite. Important Indian legislations in this direction can be
grouped into following categories for better understanding.
Universal health care forms the platform over which
the health care system of India takes its strength. It is In CME-I, legislations related to qualifications, substance
a concerted effort made by the central governments abuse, public health problems, women, child, older and
and states/Union territories. The constitution charges disable persons is covered while, in CME-II legislations
every state for the improvement of public health among related to commissioning of the hospital, census,
its primary duties. Laws are an obligation on the part of occupational health, environment, medico-legal and
society imposed by the competent authority which have financial aspects will be covered.
been instrumental in controlling such public health issues
and hence referred to as public health legislations. Laws Governing to the Qualification/Practice and
Conduct of Professionals
Public health legislation concerns the legal power and
duties of the state to improve the health of the general These are the legislations dealing with i) recognition of
population (e.g. to identify, prevent and ameliorate risks qualifications ii) for performing technical jobs assigned
to health in the population) and the limitations on the iii) for maintenance of codes of “conduct and ethics” for
power of the state to constrain the autonomy, privacy, hospital staff employed in delivery of the health care.
liberty, proprietary or other legally protected interests of Both the Indian Medical council act and The Dentist act
individuals for the protection or promotion of community were amended in 2016 to conduct a uniform entrance
health. 1 The scope of public health law is not limited; it is examination to all medical educational institutions
as broad as public health itself and both have expanded a at the undergraduate level and post-graduate level. A
lot to meet the needs of the society.2 medical practitioner may carry out, participate in or

Address for correspondence: Durgesh Prasad Sahoo, Department of Community Medicine & Family Medicine, All India Institute of
Medical Sciences, Bhubaneswar Email id: [email protected]
Received :11/2/2018 Accepted: 25/4/2018

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Sahoo DP: Public Health Legislation

work in research projects funded by pharmaceutical and education regulator, the Medical Council of India (MCI), with
allied health care industries, but has to ensure that the a new body, was moved by the government in Parliament
particular project has due permission from the competent on December 29, 2017. Recently a parliamentary panel has
authorities and the research project gets clearance from an said the ‘bridge course’, proposed in the National Medical
institutional ethics body as per the amendment of Indian Commission (NMC) Bill, to allow practitioners of alternative
Medical Council (Professional Conduct, Etiquette and medicines such as homoeopathy and Ayurveda to practice
Ethics) (Amendment) Regulations, 2009 - Part-I”. The NMC allopathy, should not be made a mandatory provision and
Bill, 2017, which seeks to replace the existing apex medical the decision should be left to states.

Table-1: Laws Governing to the Qualification/Practice and Conduct of Professionals

S. No Name of Act/Rule Aim

1. The Indian Medical council Act, 1956 Reconstitution of MCI & maintenance of medical register and for
matters connected therewith.

2. Indian medical council (professional Regulations of professional conduct, etiquette and ethics for Registered
conduct, etiquette and ethics) medical practitioners.
regulations, 2002

3 The Indian Medical Degree Act, 1916 Regulate the grant of titles implying qualification in western medical
Science.
4. The Indian Medicine Central Council Regulate Indian System of Medicine viz Ayurved, Siddha, Unani Tibb;
Act,1970 maintain the central register and ethics.
5. The Dentist Act,1948 Regulate standard of dental education, profession and ethics.

6. Indian Nursing Council Act,1947 Regulate uniform standard of training for nurses, midwives and health
visitors.
7. The Delhi Nursing Council Act, 1953 Registration and inspection of nursing home(s) in the state of Delhi.
8. The All India Council for Technical Establishment of an All India Council for Technical Education, planning,
Education Act,1987 coordination and maintenance of norms and standards.

9. The Apprenticeship Act, 1961 Regulation and control of training of apprentices.

10. The Rehabilitation Council of India Act, Regulate the training of rehabilitation professionals and the
1992 maintenance of a Central Rehabilitation Register.

11. The Paramedical and Physiotherapy Constitution of Central Councils of the Paramedical (Medical Laboratory
Central Councils Bill, 2007 Technology), Paramedical (Radiology Technology) and Physiotherapy,
regulating and maintaining standards of such education, maintenance
of Register of Paramedics and Physiotherapists.
12. The Pharmacy Act,1948 Regulate the profession and practice of pharmacy.

13. The Homeopathy Central Council Constitution of a Central Council of Homeopathy and maintenance of a
Act,1973 Central Register of Homeopathy.

14. The Indian medicine and Homeopathy Regulation of the profession and practice of pharmacy in Indian
pharmacy bill, 2005 medicine and Homoeopathy and to constitute Pharmacy Councils and
for matters connected therewith.
15. The Kerala Anatomy Act Provide for the supply of [*********] bodies of deceased persons
to teaching medical institutions for anatomical examination and
dissection.
16. Allied and Healthcare Professional’s Regulation and maintenance of the standards of education and practice
Central Council Act, 2015. of Allied and Healthcare Professionals.

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Sahoo DP: Public Health Legislation

Laws governing to prevent drug addiction and substance abuse, tobacco control and safe manufacturing of drugs,
distribution and storage.

These are laws to regulate manufacture, distribution supply and sale of drugs, chemicals, tobacco, blood and blood
products and prevent misuse of all these.

Table-2: Legislation for drug addiction &/or substance abuse

S. No Name of Act/Rule Aim

1. The Drugs and Cosmetics Act, 1940 Regulate the import, manufacture, distribution and sale of drugs.
2. The Drugs (Control) Act, 1950 Control of the sale, supply and distribution of drugs.
3 The Narcotic Drugs and Psychotropic Amend law relating to narcotic drugs; make provisions for the
Substances Act, 1985 control and regulation of operations relating to narcotic drugs
and psychotropic substances.
4. The Central excise Act ( for permit to use Consolidate and amend the law relating to Central Duties of
and store spirit ),1944 Excise.
5. The Value Added Tax Act, 1991 Imposition of value added tax on goods and services.
6. The Central Sales Tax Act,1956 Determine sale or purchase, import or export of goods takes place
in the course of inter-State trade or commerce or outside a State;
provide for the levy, collection and distributions of taxes.
7. The Sales of Good Act,1930 Define and amend the law relating to the sale of goods.
8. The Drugs & Magic Remedies Act, 1954 Control the advertisement of drugs in certain cases; prohibit the
advertisement of remedies alleged to possess magic qualities.
9. Indian Penal Code Sec 274 Punishment for Adulteration of drugs .
10. Indian Penal Code Sec 275 Sales of adulterated drugs.
11. Indian Penal Code Sec 276 Sales of drug as different drug or Preparation.
12. Indian Penal Code Sec 284 Negligent conduct with regard to poisonous substances.
13. The Cigarettes and Other Tobacco Products Prohibit the advertisement; regulation of trade and commerce;
Act 2003 production, supply and distribution of cigarettes and other
tobacco products.

Laws governing to Prevent Epidemics and disaster Management, and Public Health Problems

The Act provides power to exercise for the control and to prevent any epidemic, spread of epidemic, any disasters or
public health problems in the states or country and to take such measures if the state feel that the public at large is
threatened with an outbreak of any dangerous epidemic or disasters.

Table-3: Laws governing to Prevent Epidemics and disaster Management, and Public Health Problems

S. Name of Act/Rule Aim to

No
1. The Vaccination Act, 1880 Prohibit inoculation and to make the vaccination of children compulsory in
certain Municipalities and Cantonments.
2. The Epidemic Diseases Act, 1897 Better prevention of the spread of dangerous epidemic diseases.
3 Public Liability Insurance Act, Public liability- insurance for the purpose of providing immediate relief to
1991 the persons affected by accident occurring while handling any hazardous
substance.
4. The Transplantation of Human Regulation of removal, storage and transplantation of human organs and
Organ Act, 1994 tissues for therapeutic purposes and for the prevention of commercial
dealings in human organs and tissues.

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Sahoo DP: Public Health Legislation

5. The Air Craft Act, 1934 Control of the manufacture, possession, use, operation, sale, import and
export of aircraft.
6. The Delhi Antismoking & Non- Prohibiting of smoking in places of public work or use and in public service
smoking Health Protection Act, vehicles in the National Capital Territory of Delhi.
1996
7. Essential Commodity Act, 1955 Control of the production, supply and distribution of, and trade and commerce.
8. The Protection of Human Rights Constitution of a National Human Rights Commission, State Human Rights
Act, 1993 Commissions in States and Human Rights Courts for better protection of
human rights.
9. The Prevention of Food Prevention of adulteration of food.
adulteration Act, 1954
10. Food Safety and Standards Act, Laws relating to food and to establish the Food Safety and Standards Authority
2006 of India for laying down science based standards for articles of food and to
regulate their manufacture, storage, distribution, sale and import, to ensure
availability of safe and wholesome food for human consumption.
11. The National Food Security Act, Food and nutritional security in human life cycle approach, by ensuring access
2013 to adequate quantity of quality food at affordable prices to people to live a life
with dignity.

Laws Governing Women Empowerment and Health

Laws pertaining to women in India are broadly defined as constitutional (depicted under various provision of
constitution) and legal (under various laws of parliament and state legislations). The rights enshrined in the constitution
and various legislations are enlisted below.

Table-4: Laws Governing Women Empowerment and Health

S. No Name of Act/Rule Aim to

1. The Hindu Marriage Act, 1955 Codify the law relating to marriage among Hindus.

2. The Special Marriage Act, 1954. Special form of marriage in certain cases, for the registration of
such and certain other marriages and for divorce.
3 The Child Marriage Restraint Act, 1979 Restrain the solemnization of child marriages.

4. The Hindu Succession Act, 1959 Amend and codify the law relating to intestate succession among
Hindus
5. The Indian Succession Act, 1925. Law applicable to intestate and testamentary succession.
6. The Dowry Prohibition Act, 1961 Prohibit the giving or taking of dowry.
7. The Commission of Sati (Prevention) Act, More effective prevention of the commission of sati and its
1987 glorification and for matters connected therewith.
8. Indian Penal Code Sec 498 Cruelty to a woman within the matrimonial home.
9. The Family Court Act, 1984 establishment of Family Courts with a view to promote conciliation
in, and secure speedy settlement of, disputes relating to marriage
and family affairs.
10. The Protection of Women From Domestic More effective protection of the rights of women guaranteed under
Violence Act, 2005 the Constitution who are victims of violence of any kind occurring
within the family.
11. The Maternity Benefit Act, 1961 Regulate the employment of women in certain establishments
for certain periods before and after child-birth and to provide for
maternity benefit.
12. The Criminal Law, 1983 Amend the Indian Penal Code, the Code of Criminal Procedure,
1973 and the Indian Evidence Act, 1872.

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Sahoo DP: Public Health Legislation

13. The Immoral Traffic (Prevention) Act ,1956 Pursuance of the International Convention signed at New York on
the 9th day of May, 1950, for the prevention of immoral traffic.
14. The Medical Termination of Pregnancy Termination of certain pregnancies by registered medical
(MTP) Act, 1971 and the MTP Rules and practitioners.
Regulations, 2003
15. Indian Penal Code Sec 375,376, 228-A, 509 Punishment for rape, insulting the modesty of a woman.
& 511
16. Sec 114A of Indian Evidence Act, 1872 Presumption as to absence of consent in certain prosecutions for
rape.
17. The indecent representation of women Prohibit indecent representation of women through advertisements
(Prohibition Act),1986 or in publications, writings, paintings, figures or in any other
manner.
18. Indian Penal Code Sec 372,373, 360, 371 Punishment for selling minor for prostitution, kidnapping.

Laws governing Child Protection and Health

Children being the future workforce of the nation, it is the responsibility of the state to ensure child safety and safeguard
their rights. Mentioned below are the rights and laws pertaining to child health in India.

Table-5: Laws governing Child Protection and Health

S. No Name of Act/Rule Aim to

1. The Pre-Conception and Pre-Natal Prohibits determination and disclosure of the sex of foetus;
Diagnostic Techniques 886 prohibits any advertisements relating to pre-natal determination
(Prohibition of Sex Selection) Act, 1994 of sex and prescribes punishment for its contravention.

2. The Infant Milk Substitutes, Feeding Regulation of production, supply and distribution of infant milk
Bottles and Infant Food (Regulation1of substitutes, feeding bottles and infant foods with a view to the
Production, supply and Distribution) Act, protection and promotion of breastfeeding and ensuring the
1992 proper use of infant foods.

3 The Juvenile Justice (Care and Protection Juveniles in conflict with law and children in need of care and
of Children) Act, 2000 protection; providing for proper care, protection and treatment
by catering to their development needs; adopting a child-friendly
approach in the adjudication and disposition of matters in the best
interest of children and for their ultimate rehabilitation.

4. The Child Labor (Prohibition and Prohibit the engagement of children in all occupations and to
Regulation) Act, 1986 prohibit the engagement of adolescents in hazardous occupations
and processes.
5. The Prohibition of Child Marriage Act, Prohibition of solemnization of child marriages.
2006

6. Protection of Children from Sexual Deals with sexual offences against persons below 18 years of age,
Offences Act, 2012 who are deemed as children.

7. The Right to Education Act, 2008 Free and compulsory education to all children of the age of six to
fourteen years.
8. Guardians and Wards Act, 1890 Consolidate and amend the law relating to Guardian and Wards.

Legislation Governing Old Persons & Welfare Rehabilitation of Disadvantaged

These laws ensure maintenance of provision for food, clothing, residence and medical attendance and treatment to lead
a better quality of life of elderly and persons with disabilities.

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Sahoo DP: Public Health Legislation

Table-6: Legislation Governing Old Persons & Welfare Rehabilitation of Disadvantaged

S. No Name of Act/Rule Aim to

1. Maintenance and Welfare of Parents and Maintenance and welfare of parents and senior citizens.
Senior Citizens Act, 2007
2. The Persons with Disabilities (Equal Proclamation on the full participation and equality of the people
Opportunity, Protection of Rights and Full with disabilities in the Asian and Pacific Region.
Participation) Act, 1995
3 The National Trust for Welfare of Persons Constitution of a body at the National level for the welfare of
with Autism, Cerebral palsy, Mental persons with autism, cerebral palsy, mental retardation and
retardation and Multiple Disabilities Act, multiple disabilities and for matters connected therewith.
1999 and Rules, 2000
4. Mental Health Act, 1987 Treatment and care of mentally ill persons, to make better
provision with respect to their property and affairs.

5. National Rural Employment Guarantee Act, Enhancement of livelihood security of the households in rural
2005 areas of the country by providing at least one hundred days of
guaranteed wage employment in every financial year to every
household whose adult members volunteer to do unskilled
manual work.
6. The Scheduled Castes and the Scheduled Prevent the commission of offences of atrocities against the
Tribes (Prevention of Atrocities) Act, 1989 members of the Scheduled Castes and the Scheduled Tribes;
provide for the trial of such offences; relief and rehabilitation of
the victims of such offences.

7. The Employment of Manual Scavengers and Prohibition of employment of manual scavengers as well as
Construction of Dry Latrine (Prohibition) construction or continuance of dry latrines and for the regulation
Act, 1993 of construction and maintenance of water-seal latrines.
8. Indian Lunacy Act, 1912 Consolidate and amend the law relating to Lunacy.

9. Lepers Act, 1898 Segregation and medical treatment of pauper lepers and the
control of lepers following certain callings.
10. Ear Drums and Ear Bones (Authority for Use of ears of deceased persons for therapeutic purposes.
Use for Therapeutic Purposes) Act, 1982

11. Eyes (Authority for Use for Therapeutic Use of eyes of deceased persons for therapeutic purposes.
Purposes) Act, 1982

Conclusion

Every public health legislation is ultimately aimed at improving the public health standard in the country. But its utility
depends on its proper implementation. It is also necessary to emphasize here the fact that no public health legislation
can remain stagnant. Public health legislation has to evolve with the changing health scenario. In a country like India,
where the health indicators are yet to reach the desired targets, effective implementation of public health legislations may
improve the picture to a certain extent.

References
1. Gostin LO. A Theory and Definition of Public Health Law. Public application as a tool for social change. Natl Med J India [Internet].
Heal Law Power, Duty, Restraint. 2008;12:3–41. 2009;22(4):199–203.
2. Hazarika S, Yadav A, Reddy KS, Prabhakaran D, Jafar TH, 3. Banarjee B. Public Health Legislation in India. DOCTORS
Narayan KMV. Public health law in India: a framework for its PUBLICATIONS.2014 1-8p.

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