The significance of consent in India's Judiciary and It's impact on cancer treatment practices

• Anmol Mahani,*  
• Rudranath Zadu

Abstract

Informed consent is an indisputable ethical and legal necessity in medical practice, especially critical in high-risk treatments such as cancer care. The development of consent laws in India reflects the judiciary’s commitment to safeguarding patient autonomy and ensuring informed decision-making. Article 21 of the Indian Constitution underpins the right to life, which courts have interpreted to include the right to informed consent in medical treatments. This is particularly relevant in oncology, where treatment choices involve complex and often life-threatening procedures. Aims and Objectives This manuscript aims to examine the role of informed consent in cancer treatment practices within the Indian judiciary framework. It seeks to explore the ethical implications, legal standards, and challenges in obtaining valid consent, particularly in Oncological procedures. Additionally, the manuscript aims to analyze key legal cases and their impact on shaping medical practices in cancer care across India. Material and Methods The manuscript is based on a comprehensive review of legal statutes, including the Indian Constitution, the Indian Penal Code, and the Indian Contract Act, alongside Medical Council of India (MCI) guidelines. Judicial rulings and case laws related to informed consent in cancer treatment were analyzed. The legal and ethical frameworks surrounding patient autonomy and healthcare practitioner responsibility are examined through case studies and statutory interpretation. Discussion Indian courts have consistently emphasised the significance of "prior informed consent" in cancer treatments, barring emergencies. Consent must be obtained after providing the patient with all necessary information regarding risks, benefits, alternatives, and consequences. The judiciary has ruled that consent for diagnostic procedures cannot be extended to therapeutic interventions without specific patient approval. This has significant implications for oncology, where invasive treatments often follow diagnostic procedures. The balance between patient autonomy and medical paternalism remains a critical point of discussion. Conclusion The Indian judiciary has advanced the principles of informed consent, particularly in cancer care, ensuring that patients are fully informed about their treatment choices. However, challenges persist in ensuring that consent is not only informed but also voluntary and comprehensible. The judiciary’s rulings have created a robust legal framework for consent in cancer treatment, yet further clarity and practical guidelines are required to address the complexities of modern medical practice.

Keywords

Informed Consent, Cancer Treatment, Indian Judiciary, Medical Ethics, Patient Autonomy, Healthcare Law, India