Justice Kannan's Legal speak

Life and death are no longer in the realm of only god’s activity. Or, at least, so it seems. Medical science, through In virto fertilization (IVF procedures) brings to reality certain aspects of human procreation hitherto not known to be possible. Again, when a person shall die may even be decided by a suave physician; he may deliver a death shot at a chosen time, without being charged with the offence of murder. Euthanasia is its name. But euthanasia is not legal yet in India. It may soon be, if global trends are any indication. Indian Medical Council (Professional Conduct, and Ethics) Regulations with regard to professional conduct, etiquette and ethics notified in 2002 also declares expressly euthanasia to be unethical conduct. However, the Regulation allows withdrawing life-supporting devices to a patient which shall be decided only by a team of doctors and not merely by the treating physician. A team of doctors shall declare withdrawal of support system. Such team shall consist of...

A public interest litigation in Punjab & Haryana High Court is reported to have been filed ‘to curb the menace of tantriks promising magical cures within minutes’ through advertisements in newspapers, television channels and even web sites (The Tribune dated 19th Nov ’08). Are there laws that regulate or prohibit such advertisements? Do such types of objectionable advertisements abound elsewhere outside India? The Indian Medical Council Act, 1956 establishes the Medical Council of India (MCI). The Council has notified Indian Medical Council (Professional Conduct, and Ethics) Regulations in 2002 which mandates observance of the code of conduct on the pain of suspension or removal of the licence to practice for the breach of its regulations. They include the practice against promising magic remedies and advertisements. To the extent to which the Regulations are directed against practitioners of only the allopaths, it is obvious that we have to look elsewhere for the practitioners of...

Times of India, dated 18th November 2008 reports that an Israeli gay couple Yonatan and Omer Gher had a child, which they named as Evyatar meaning ‘more fathers’ in Hebrew, through a surrogate mother at a fertility clinic at Bandra, Mumbai. Thankfully, the child found itself soon after its arrival the felicity of being cradled in the hands of two fathers but Baby Manji Yamada delivered at Anand, Gujarat few months earlier was not as lucky initially. The surrogate mother had abandoned the child at the hospital, the Japanese couple that hired the surrogate mother divorced and the grandmother flew in to India to take the child for her son after a delay of few months when the Supreme Court cleared the decks for its transportation to Japan, however on an Indian passport. Surrogacy is normally referred in the context of a married couple (i) who have had multiple miscarriages; or (ii) who have failed repeated IVF attempts for unexplained reasons, seeking the help of a willing woman to bear th...