Understanding Public Health Laws

• Public health laws empower the government to create conditions for healthy populations.
• Autonomy and privacy are paramount importance in a democratic society.
• Coercive power of public health rules and laws is sometimes needed to maintain public health and safety.
• Public health laws authorize, obligate, and control government and private action concerning health.
• These laws are essential for managing emergency responses and promoting individual and population health.
• A balance between societal good and individual rights must be maintained due to the laws impinging on individual rights and freedom.
• The public health laws are either those directly related to some health action or those with an indirect influence on the population’s health.
• Medical professionals encounter these laws in medicolegal cases and public health practices.
• Thus knowing these laws is important for medical health professionals.

Health Laws: Acts vs. Rules

• Acts refers to statute or laws enacted by a governing body that describe applicability, definitions for governance and penalties for violation
• Rules are explicit statements that describe the standard methods and procedures.
• Rules provide application and enforcement of the Act.

Classification of Public Health Laws

• Include disease prevention and control, protection of vulnerable groups, environmental health safety, food safety, and public health services.

Disease Prevention and Control

Epidemic Diseases Act, 1897

• Aim is for better prevention of the spread of dangerous epidemic diseases.
• Introduced during the plague epidemic in the 1890s to empower central and state governments to control epidemic diseases.
• Authorities can make temporary regulations or issue public notices for inspection and temporary isolation of persons suspected to be infected.
• Ships or vessels leaving or arriving at any port can be inspected.
• Persons intending to sail or arrive can be detained for outbreak control.
• The Act has similar provisions for travel by railways.
• Expenses incurred in compensation, traveling, temporary accommodation are compensated by the government.

Punishment Under the Act

• Violation results in punishment under Section 188 of the Indian Penal Code (IPC).
• No definition of "dangerous epidemic disease", so it can be used as per the discretion of the public health authorities of the region.

Narcotic and Psychotropic Substance Act, 1985

• Aim is to exercise control over illegal drugs.
• Prohibits the production, manufacture, cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance
• The Act applies to all Indian citizens both inside and outside India, as well as to individuals on ships and aircrafts registered in India.
• This law regulates drug use and possession, makes trafficking illegal, allows government control over cultivation, production, and use of drugs for medicinal purposes.

Punishment Under the Act

• Depends on the quantity and type of drug, and the offences are classified into small, small but less than commercial and commercial.
• Maximum punishment ranges from 6 months to 20 years along with a fine.
• There is rigorous imprisonment for repeat offenders (usually those involved in trafficking)
• The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, relaxes restrictions on essential narcotic drugs used for pain relief and palliative care.
• The amendment removed mandatory death penalty in case of a repeat conviction for trafficking large quantities and increased the punishment for "small quantity" offenses.

Drugs and Cosmetics Act 1940

• Regulates blood transfusion services, specifying requirements for accommodation, equipment, manpower, reagents, and supplies.
• The NACO acts as facilitator for the services.
• The Act ensures safe blood by requiring blood testing, phasing out professional blood donors.
• The Act prohibits selling blood or blood components for profit in addition to standards for blood banks and transfusion services including guidelines for blood transfusions.
• Permission to set up blood banks is granted by DCGI, but licenses can be cancelled for non-adherence.

Cigarettes and Other Tobacco Products Act (COTPA), 2003

• Regulates advertisement, trade, commerce, production, supply, and distribution of cigarettes and other tobacco products.
• Smoking in public places is prohibited (except in designated areas).
• Advertisement of tobacco products is prohibited, including surrogate advertising.
• Sale of tobacco to minors and within 100 yards of educational institutions is forbidden.
• Packaging must contain pictorial warnings, nicotine, and tar content.

Punishment Under the Act

• Manufacturers who fail to display warnings on packages face imprisonment up to 2 years or a fine up to ₹5,000. Subsequent convictions leads to greater penalties
• Smoking in public places or selling to minors results in fines up to ₹200.
• Advertisement of tobacco products results in imprisonment up to 2 years or a fine up to ₹1,000, greater penalties for subsequent convictions.

Disaster Management Act, 2005

• Providing statutory structure and functions for effective management of disasters throughout India is the aim of the Act.
• Focused on prevention, preparedness, and response (moving away from just relief).
• The key bodies that are formed are the NDMA, NEC, and NDRF
  • NDMA: headed by the Prime Minister of India
  • NEC: composed of Secretary level officers
  • SDRF: specializes disaster responses.
• These institutions take responsibility for disaster preparedness, risk reduction, and disaster response.
• The central government integrates disaster mitigation with development plans, implement disaster management plans, cooperate internationally, coordinate disaster responses and identify nodal ministries.
• Local level actions include creation of response plans, allocation of responsibilities, relief measures, procurement, communication and dissemination of info to the public.

Punishment Under the Act

• Obstructing authorized persons during disaster management or refusing to comply with directions leads to imprisonment up to 1 year. A greater punishment occurs if such obstruction leads to loss of lives or imminent danger.

National Disaster Management Plan, 2016

• A plan following Sendai Framework for disaster risk reduction.
• Covers all phases of disaster management, provides for coordination by assigning roles to all levels of administration.

Protecting Vulnerable Groups

Domestic Violence Act, 2005

• Protects rights of women who are victims of violence within the family.
• Specifies that domestic violence includes physical, emotional, verbal, sexual, including the threat of abuse.
• Demanding dowry is covered under this definition which may not only include actual abuse but also the threat of verbal, emotional or economic abuse.
• Includes relationships by consanguinity, marriage (including live-in relationships), or adoption. It also protects women living with family members of the husband or partner.
• Ensures housing rights by providing residence in the matrimonial or shared household and directs the government to appoint Protection Officers.

Punishment Under the Act

• Abusers can be prevented from committing domestic violence and breach of protection orders results in imprisonment, fines, or both.

Dowry Prohibition Act, 1961

• Applies to throughout India except in Jammu and Kashmir.
• Dowry includes any property or security given or agreed to be given in a marriage, but does not include Mehr.

Punishment Under the Act

• Demanding, giving, taking, or abetting dowry results in imprisonment and fines.
• Dowry deaths, with the woman subjected to cruelty or harassment, lead to more severe punishment of imprisonment for up to life.

Immoral Traffic (Prevention) Act, 1956 and 1986

• Combats trafficking and sexual exploitation for commercial purposes.
• Prostitution is not an offence, however, practicing it in a brothel is illegal.
• Protects women and children from forceful flesh trade.

Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 and 2003

• Promotes breastfeeding and regulates marketing, and use of infant foods throughout India, and ensures products meet the standards in the Prevention of Food Adulteration Act, 1954.
• It prohibits advertisement, promotion and misleading to believe that infant food is an acceptable replacement of mother's milk as well contacting potential customers to sell or promote these products.
• The Act mandates labels emphasize mother's milk is best, and provide instructions for usage.

Punishment Under the Act

• Result in a fine for jail sentence of ₹5,000 or 3 years.
• Companies can also be charged for offenses.

The Child Labor Act, 1986 as amended

• Focuses on engagement of children in stipulated employments and regulates the conditions of work of children
• Prohibits children from working in occupations listed in Part A of the Schedule, as well enlists certain process where the Children are prohibited in Part B.
• The Act fixes work hours, timings, and rest intervals, prohibits overtime, and mandates weekly offs and working condition standards.

Punishment Under the Act

• Those in violation of the Act may be punished with imprisonment up to 1 year or with a fine, and repeat offences lead to greater imprisonment. Employees who fail to keep a correct record of children are also liable to be punished

Child Marriage Restraint Act, 1929 and Prevention of Child Marriage Act, 2006

• The Restraint Act fixed the age of marriage for girls at 14 years and boys at 18 years of age.
• Child Marriage is defined as marriage to which either of both parties are child
• Restraint Act, any male above 18 but up to 21 years of age, who contracts a child marriage, may face imprisonment up to 15 days or with fine or both. Any male, above 21 years of age, faces imprisonment up to 3 months or with fine or both. And parent or guardian who promotes the marriage may be liable.
• Prevention of Child Marriage Act, 2006, aims at prohibition of solemnization of child marriages
• Every child marriage is voidable at the option of the contracting party
• Maintenance may be rewarded to a partner.
• Those who perform, conduct, promote child marriage gets rigorous imprisonment to 2 years.

The Juvenile Justice Act, 2000

• Deals with the issue related to juveniles and their social integration and children in need of care and protection
• It mandates state governments to set up Justice Boards. The three broad areas covered are 1) juveniles in conflict of law 2) children in need of care and protection 3) rehabilitation and social integration of children

Juvenile Justice Act, 2015

• Allows juveniles in conflict with law in the age group of 16-18 years, who have committed offences to be tried as adults.

The Right to education, 2009

• Guarantees free and compulsory education to children between 6 and 14 years.
• The Act clarify obligation of the government and ensure compulsory admission, attendance and completion of elementary education to every child.
• Education is a fundamental right of every child between 6 and 14 including specifications for minimum norms in schools.
• Private school ensure 25% of seats to children (the state reimburses the private schools a part of the private-public partnership plan).

Persons Maintenance Act, 2007

• Provides assured services for the maintenance and welfare for parents and senior citizens.
• Requirement are looked after by children from income if parents cannot support themselves in terms of food and support. (penson income and property)
• The parent applies to the and court can demand children for support.

The Disabled Persons Maintenance Act, 1995

• The Act describes disability as mental, physical, and equal opportunity.
• Act gives right to be able to formulate polices.
• Screening children, prenatal care, accessible, etc.

Occupational Workers

Insurance Act, 1948

• tailored to provide socioeconomic protection to worker population due to maternity, injury and sickness.
• Applies to industries such as transport, hotels, newspaper, etc.
• The contributions are payed by both employees and employers
• Coverage entails Medical and Security benefits

Medical

• Free Medical, System of Treatments, The scale of medical benefits, etc.

Factories Act, 1948 (Amended in 1987)

• Law regulating labor in factories. As such aims to protect workmen employed in factories against industrial and occupational hazards.
• Has an important aspect such as Safety and Welfare

Chapter VII : Involving Person

• A person under 14 years cannot be required to in a working factory. In addition to the rules regarding Young employees.

Chapter VII, annual Leage With Wages

• 240 must be working days.

The Workmen's Compensation Act, 1923

• A worker can expect compensation if injured

The Maternity Act Section 1961

• Protects all women during pregnancy and ensures they take care of their children

The Minimum Wage Act, 1948

Focuses on the minimum wages of the worker and their families

Governement Health

• The act cares government employees.

Mentally III Person

• Act for care and rep.

Environment Health and Safety Laws

The Environment(Protect Act),1986

• The Act was created to make pollution and prevent handling of hazardous substances and location of industries
• The government creates powers and to make for person for inspection and laboratories.

Water (Prevention and Action) Act, 19974

• The main goal for water is to make it safe and reduce pollution of water. The responsibility to perform its goal is the Central Board.

The Medical of Prostitution Act, 1994

• Regulation for prenatal techniques for detection of genetic abnormalities.

The Census Act, 1948

• Mandatory the exercise

The Registrations of Births and Death Act, 1969

• The act ensure to manage report compilation vital statistics throughout the country.

The Medical Termination of Pregnancy, 1971

• To indicate whether MTP can indicate and can be done such as with rape or any other reasons involving health etc...

The Preconception and Prenatal techniques 1994

• This act was created for to give abnormalities
• No women man or women can be conducting.
• Anyone who gives false information