The role of consent in Indian judiciary: Implications for cancer treatment practices

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Review Article

Author Details : Anmol Mahani*, Rudranath Zadu

Volume : 11, Issue : 4, Year : 2024

Article Page : 159-172

https://doi.org/10.18231/j.ijfcm.2024.034

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Abstract

Background: Informed consent is a fundamental ethical and legal requirement in medical practice, especially critical in high-risk treatments such as cancer care. The evolution 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 analyse 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 analysed. The legal and ethical frameworks surrounding patient autonomy and healthcare practitioner responsibility are examined through case studies and statutory interpretation.
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

How to cite : Mahani A, Zadu R, The role of consent in Indian judiciary: Implications for cancer treatment practices. Indian J Forensic Community Med 2024;11(4):159-172

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