Badamath Flashcards
Indian Medical council Act
1956
Medical termination of pregnancy Act
1971
Preconception and prenatal diagnostic testing Act yr
1994
Transplantation of human organs act yr
1994
Domestic violence act yr
2005
Clinical establishment act yr
2010
Surrogacy bill yr
2019
Consumer protection act yr
2019
As per the Indian Succession act, the following persons cannot make a Will: -
▪ Lunatic, insane persons
▪ Minor i.e., below 18 years of age.
▪ CorporatebodiesbytheirverynatureareincapableofmakingaWill,thoughtheymaybenefit under the Will of an individual partner.
Torts law
civil wrong (negligence) committed by one individual against another is known as TORT, where, a person fails to take proper care and hence it resulted in damage.
Tort law is divided into Intentional and Unintentional tort, further the causation element is classified into two categories: cause in-fact and proximate cause
intentional torts
- Assault: Threat or an attempt to do
physical harm (Physical/Verbal) - Battery: Is an act that results in the
harmful or offensive physical contact. - False imprisonment: Limiting of
someone’s freedom without the
authority or right to do so. - Invasion of privacy: The act of going
into someone’s personal life or becoming involved in a situation where one is not permitted.
unintentional tort: negligence
Trans-institutionalism
nstitutionalizing mentally ill in prisons from hospitals and mental institutes to prisons, documented in several studies in the past
Mental Health Care Act (MHCA) 2017 on mentally ill prisoners
Section 103 of the MHCA 2017 gives the responsibilities of the prison staff in taking care of prisoners with mental illness (25). In case a prisoner needs admission for mental health care in mental health establishment, then the transfer has to be made. In cases wherein admission in psychiatric ward in the medical wing of the prison is needed, but there is no provision for a psychiatric ward, the patient may be transferred to a mental health establishment with prior permission of the ward. The medical officer of the prison needs to send quarterly report to the concerned board certifying therein that no prisoner with mental illness is in the prison or jail. The appropriate Government are expected to establish mental health establishment in the medical wing of at least one prison in each state and union territory which needs to be registered under Central or State Mental Health Authority.
Legal definition of Third gender
The Transgender Persons (Protection of rights) act, 2019 defines a Transgender person as any person whose expressed gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), a person with intersex variations, genderqueer and person having such socio-cultural identities as Kinner, Hijra, Aravani and Jogta
the honourable Supreme Court in a landmark judgement dated 15th April 2014 granted
legal recognition for “third gender”. It placed one’s gender identity within the framework of the fundamental right to dignity under Article 21 and held that all individuals including transgender persons were entitled to fundamental rights under Articles 14, 15, 16, 19(1)(a), and 21 of the Constitution.
The Transgender Persons (Protection of rights) Act, 2019 date
5 dec 2019
Criteria for Hormonal therapy for TG:
- Persistent, well-documented gender dysphoria for 6 months
- Psychological preparedness for Hormonal Therapy.
- Capacity to make a fully informed decision and to consent for treatment free of any and all forms of coercion. *
- The individual should be of the age of 18 years or above
- The well controlled medical or mental health condition, if any issues are present.
- Psychotherapy is not an absolute prerequisite (it is optional) for Hormonal therapy
FOR TGS, Criteria for non-genital (chest/breast) & genital surgery:
Criteria for non-genital (chest/breast) & genital surgery:
* Persistent well-documented Gender Dysphoria
* Capacity to make fully informed decisions and consent for treatment. *
* The individual should be of the age 18 years or above
* The individual should possess a transgender certificate issued by the district Magistrate.
* If physical and mental health problems are present should be well controlled in past one year.
* Has lived full time in his/ her desired gender role for the past 12 months.
* Psychotherapy or hormone therapy is not an absolute prerequisite (it is optional) for genital or non-genital surgery.
However, for individuals undergoing feminising surgery or breast augmentation procedures, hormonal therapy for a minimum duration of 12 months is advisable.
Protection of Women from Domestic Violence Act, (PWDVA) yr
sep 2005
types of domestic violence
- Physical abuse includes hitting, slapping, or beating on trivial issues or without any reason. It can range from
single or repeated assaults to even death. - Sexual abuse includes sexual coercion, refusing to use contraceptives and deliberately passing on STD.
- Economical abuse includes restricting access to the finances and other resources to which she is entitled.
- Controlling behaviour includes isolating from friends and families, depriving them of their support system, not giving freedom of choice, making the victim believe that she is incapable of surviving alone.
- Emotional abuse includes insulting, threatening to separate from children, stalking , intimidation
Risk Factors for Domestic Violence :environmental
- sociocultural traditions
- weak community sanctions
- patriarchy
- poverty
- lack of legal support
- decreased access
Risk Factors for Domestic Violence : victim
- young age
- low education
- financial dependency
- separated/ divorced
- exposure to violence as child
Risk Factors for Domestic Violence : perpetrator
- low income
- low education
- recent job loss
- aspd and sud
- parental violence
- sexual abuse in childhood
Domestic Violence” is defined
in the act as any conduct done against the woman by a partner or a spouse and his relatives which has affected the wellbeing of the woman. Both omissions of care such as neglect and commission of abuse are accounted as domestic violence.
Assessment Tools: domestic violence
- conflicts tactics scale (CTS 2)
- Partner Violence Screen (PVS)
- The Women Abuse Screening Tool(WAST),
- the Two-Question Screening Tool and the abuse assessment screen(AAS),
- kerala interview schedule
STEPWISE APPROACH TO DOMESTIC VIOLENCE
- suspect
2, assess - offer support
- ensure safety
- empowerment of victim
- assessment and treatment of mental health
- referral to legal aid clinic
- liaison with other professionals
- report to protection officer
helpline 1081
women helpline for domestic abuse
helpline 1091
women helpline- women in distress
10921 helpline
ALL INDIA WOMEN’S CONFERENCE
10920 HELPLINE
SHAKTI SHALINI
capacity vs insight
capacity
1. comprehension of info
2. appreciate of risk of accepting or refusing mental healthcare and treatment
3. communication of decision
Insight
1. awareness of illness
2. attribution of illness to causal factors
3. acceptance to adhere to treatment
Capacity Assessment tools
- The MacArthur Competence Assessment Tool for Treatment (MacCAT-T)
- Brief informed consent test (4)
- Quality of informed consent questionnaire (5)
- Evaluation to sign consent (6)
- Competency assessment interview (7)
