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2012

Sociology

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Indian Courts And Social Change: A Case Study Of The ‘Doctrine Of Informed Consent’ In Medical Law And Ethics, Dharmendra Chatur Jan 2012

Indian Courts And Social Change: A Case Study Of The ‘Doctrine Of Informed Consent’ In Medical Law And Ethics, Dharmendra Chatur

Dharmendra Chatur

The doctrine of informed consent in medical law and ethics has a strong grounding in the principle of bodily autonomy and self-determination of human beings. This emphasis on the freedom of every individual to decide what is best for his/her body and health has led to several controversies in the area of medical law and ethics in India and abroad, especially in the United Kingdom. Being a legal and ethical doctrine, ‘informed consent’ has been discarded, accepted, modified and emulated by various judgments of courts. This paper will examine the ingenuity of courts in bringing about social change by upholding …