Delhi High Court
LEGAL SUBJECT
Health and Medical Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Delhi High Court
Doctor to Face Trial for Allegedly Terminating Minor’s Pregnancy Without Guardian Consent and Failing to Report Under POCSO
FIR No. 400/2019 was registered at P.S. Saket under Sections 376, 313, 506 and 34 IPC and Section 6 of the POCSO Act on the complaint of the prosecutrix, who alleged that she had been sexually assaulted and had conseq...5 MIN READ↗
Madhya Pradesh High Court
Mandatory medical inquiry must precede trial if accused claims mental illness; denial violates right to fair trial under BNSS.
The Petitioner, suffering from schizophrenia since 2012, was an accused in a private complaint filed in 2010 for offences under Sections 406, 420, 467, 468, 471, and 120-B of the IPC.2 MIN READ↗
Delhi High Court
Enforcement of Article 21 Rights through Hospital Transfer Based on Patient Choice and Medical Necessity
The Appellant filed a Writ Petition [W.P.(C) 9770/2026] seeking the release of her husband, Shri Sonam Wangchuk, from alleged illegal confinement at Safdarjung Hospital2 MIN READ↗
Madhya Pradesh High Court
Non-emergent medical treatment at unrecognized out-of-state hospitals without prior sanction precludes claim for reimbursement.
The petitioner, a Laboratory Technician in the Veterinary Services at Chhindwara, suffered a heart attack and was admitted to a local hospital.2 MIN READ↗
Madras High Court
Establishment of Bone Banks and Mandatory Public Sensitization Under the Transplantation of Human Organs Act, 1994
The Petitioner, an advocate and former law student, filed a Public Interest Litigation (PIL) seeking a Writ of Mandamus to direct the establishment of a Bone Bank at Government Rajaji Hospital, Madurai.2 MIN READ↗
Gujarat High Court
Medical Negligence Cannot Be Presumed Solely Based on Post-Operative Complications Lacking Proven Causal Nexus
The Plaintiff (Respondent) underwent a family planning operation (tubal ligation) at a Government hospital on July 1, 1999.2 MIN READ↗
Delhi High Court
Court Permits Termination of Pregnancy Beyond 24 Weeks for Minor Sexual Assault Survivor Under Article 21.
The Petitioner, a seventeen-year-old minor, was allegedly sexually assaulted and raped by her fufa (paternal uncle-by-marriage) on March 22, 2026.2 MIN READ↗
Allahabad High Court
The age restriction for intending couples under the Surrogacy Act cannot be applied retrospectively to frozen embryos.
The petitioners, a legally wedded couple for over 17 years, were unable to conceive naturally and underwent multiple unsuccessful IVF procedures2 MIN READ↗
Bombay High Court
Maternity benefits cannot be claimed if the leave commences after the expiry of a fixed-term contractual appointment.
Respondent No. 3 was appointed as an Assistant Professor on an ad-hoc contractual basis for two fixed terms, the latter ending on 30th April 20242 MIN READ↗
Allahabad High Court
Holders of Electrohomeopathy certificates are not entitled to practice modern scientific medicine or allopathy.
The petitioner, holding a Vocational Certificate (Community Health) and a certificate/diploma in Electrohomeopathy, operated a clinic/hospital in Etah2 MIN READ↗
Madhya Pradesh High Court
PIL challenging pharmaceutical safety based solely on private laboratory reports without statutory verification is not maintainable.
The petitioner filed a Public Interest Litigation (PIL) after a specific batch of Human Albumin 20% Solution (Alburel-OS), prescribed to a patient in Jabalpur, allegedly tested reactive for HIV in private laboratory t...2 MIN READ↗
Delhi High Court
Court Orders Mandatory Uniform Implementation of HMIS and Audit of Underutilized Medical Equipment in Public Hospitals
The Delhi High Court took suo motu cognizance of deficiencies in the public healthcare infrastructure in Delhi.2 MIN READ↗
Delhi High Court
Mandatory Audit of Government Hospitals to Address Non-Functional Medical Equipment and Inconsistent Digital Bed Management Systems
The Delhi High Court addressed ongoing public interest litigations regarding the adequacy of medical infrastructure in Delhi government hospitals.2 MIN READ↗
Delhi High Court
Street vendors cannot sell tobacco products or obstruct school access regardless of possessing a valid vending certificate.
The Petitioner, a street vendor holding a provisional Certificate of Vending (CoV) for the Central Zone (Ward S-55), sought a writ of mandamus to prevent the Municipal Corporation of Delhi (MCD) and Delhi Police from...2 MIN READ↗
Patna High Court
Criminal Prosecution of a Doctor for Negligence Requires Prior Independent Medical Opinion Confirming Gross Recklessness
The Petitioner, a surgeon, performed a Cesarean section on Opposite Party No. 2 (O.P. No. 2) in July 20142 MIN READ↗
Delhi High Court
Minor Permitted to Donate Liver Organ on Exceptional Medical Grounds Under THO Rules 2014
The petitioner, a 17-year-old minor (born September 13, 2008), sought judicial permission to donate a portion of his liver to his father, Mr. Uttam Kumar Shaw2 MIN READ↗
Gujarat High Court
Unwanted pregnancy resulting from sexual assault constitutes grave injury to mental health justifying medical termination beyond 24 weeks.
The applicant, a minor victim aged 14 years and 9 months, sought a direction for the medical termination of her pregnancy resulting from an alleged rape.2 MIN READ↗
Gujarat High Court
Right to Medical Termination of Pregnancy for Minor Rape Victim Prevails Over Advanced Gestational Age.
The applicant, a 16-year-old minor rape victim, filed a petition under Articles 226 and 227 of the Constitution and the Medical Termination of Pregnancy (MTP) Act, seeking directions for the termination of her pregnancy2 MIN READ↗
Madhya Pradesh High Court
A woman's right to reproductive autonomy includes the sole authority to terminate pregnancy without husband's consent.
The petitioner, a legally wedded wife, sought a writ of mandamus permitting the medical termination of her pregnancy, which was at 13 weeks and 1 day at the time of filing.2 MIN READ↗
Gauhati High Court
Statutory compensation for electrical accidents applies only if the incident is attributable to licensee negligence.
The petitioner, a tenant in the house of respondent No. 5, filed a writ petition regarding the death of her minor daughter, Himashree Das2 MIN READ↗
Delhi High Court
Constitutional Courts may permit medical termination of pregnancy beyond statutory limits to prevent grave mental injury.
The petitioner, a 15-year-old minor represented by her father, is a victim of rape who sought the medical termination of her pregnancy3 MIN READ↗
Karnataka High Court
Court exercises *parens patriae* jurisdiction to permit hysterectomy for disabled adult lacking capacity to manage menstrual hygiene.
The petitioners, parents of a 23-year-old woman (X), sought a writ of mandamus permitting a Total Abdominal Hysterectomy for their daughter2 MIN READ↗
Karnataka High Court
Reproductive autonomy permits medical termination of pregnancy beyond thirty-two weeks for fetal neurological abnormalities.
The Petitioner, a 36-year-old married woman with a healthy 10-year-old child, sought a writ of mandamus to medically terminate her pregnancy which had exceeded 32 weeks2 MIN READ↗
Supreme Court
Psychological evaluation of a child victim must prioritize welfare over ancestral rights and avoid re-traumatisation.
The Appellant-mother and Respondent-father married in 2015 and have a minor daughter born in 2016.3 MIN READ↗
Bombay High Court
State is strictly liable under Article 21 for patient's death caused by negligence in government-run mental hospitals.
The petitioners are the widow and children of a deceased real estate agent who suffered from schizophrenia. He was admitted to the Yerwada Mental Hospital (a State-run facility) for treatment on 19.11.20133 MIN READ↗
High Court of Himachal Pradesh
Sentence Suspended for Convict with Life-Threatening Ailments and Advanced Age Despite Previous History as Proclaimed Offender
The applicant was convicted under Section 302 of the IPC for the 1984 murder of Shankar Prashad and sentenced to life imprisonment by the Additional Sessions Judge-I, Mandi, on April 1, 2024.2 MIN READ↗
Kerala High Court
The Intention of the Deceased to Donate Their Body Overrides Subsequent Objections by Legal Heirs.
The appellants and respondents 6-8 are the children of the deceased, Mary, who died on 23/02/20262 MIN READ↗
Kerala High Court
Down Syndrome constitutes an intellectual disability falling within the scope of "mental retardation" under the National Trust Act.
The petitioner, father of the 3rd respondent (aged 19), sought legal guardianship of his daughter, who has Down Syndrome and a certified intellectual disability of 55%2 MIN READ↗
Delhi High Court
Medical Reimbursement Ceiling Cannot Categorically Overwrite Constitutional Right to Health in Life-Threatening Emergencies
The Petitioner, an Ahlmad in the District and Sessions Court (Respondent No. 2), sought reimbursement for the emergency treatment of his wife, who was admitted to Sir Ganga Ram Hospital (Respondent No. 4) in April 200...2 MIN READ↗No articles match these filters.