PRESIDENCY UNIVERSITY

‘Health Law and Legislations Around the Globe: A Comprehensive Analysis’

Name: Chandana M
Roll No.: 20191BAL0018
Sec: 03
Sub: Research Methodology
Prof.: Dr Neha Gupta

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 TABLE OF CONTENTS

1. ABSTRACT ……………………………………………………………03

2. LITERATURE REVIEW ……………………………………………04-

05

3. HYPOTHESIS ……………………………………………………….…05

4. CHAPTER I- INTRODUCTION …………………………………...06-07

5. CHAPTER II- FOCUS AREAS……………………………………..08-21

1. ABORTION AND REPRODUCTIVE RIGHTS ………………..08-12

2. ASSISTED SUICIDE AND END-OF-LIFE DECISION-

MAKING………………………………………………………...13-14

3. DISCRIMINATION IN MEDICAL CARE AND HEALTH EQUITY

…………………………………………………………………..15- 16

4. FOOD ADULTERATION AND INSPECTION LAWS………....17-18

5. ORGAN AND TISSUE TRANSPLANTATION LAWS…...……19-21

6. CHAPTER III- CONCLUSION …………………………………….22-23

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 ABSTRACT
This research paper offers a comprehensive examination of key legal frameworks and
regulations in the realm of global health law. The paper delves into various critical areas,
including abortion, assisted suicide, discrimination in medical care, food adulteration and
inspection, as well as laws related to organ and tissue transplantation, among others. In the
context of abortion, this paper explores the diverse approaches to reproductive rights and
healthcare access worldwide, evaluating legal paradigms that range from strict prohibitions to
comprehensive reproductive health policies. It also investigates the ethical and legal
dimensions of assisted suicide, shedding light on the evolving landscape of end-of-life
decision-making, autonomy, and physician-assisted death across different jurisdictions.
Furthermore, this research investigates issues of discrimination in medical care, analyzing
laws aimed at safeguarding equal access to healthcare services, particularly for marginalized
communities. It examines global efforts to combat discrimination and promote health equity.
The paper also scrutinizes food adulteration and inspection laws, emphasizing the role of
regulation in ensuring the safety of food products and protecting public health. It explores the
harmonization of international standards and their impact on domestic regulations. Another
focal point of this research is the legal framework governing organ and tissue transplantation.
It assesses the global legal landscape surrounding organ procurement, allocation, and
transplantation, and examines challenges related to organ trafficking and transplant tourism.
In addition to these key areas, the paper touches upon various other health law concepts,
including infectious disease control, patient rights, medical malpractice, and pharmaceutical
regulation. By examining these diverse facets of health law, this research contributes to a
deeper understanding of the complex legal landscape that shapes healthcare policies and
practices worldwide. Ultimately, this comprehensive analysis seeks to provide valuable
insights into the global health law landscape, shedding light on the legal challenges and
opportunities that arise in the pursuit of public health, patient rights, and equitable access to
healthcare services across different jurisdictions.

Keywords: Global health law, Health equity, Healthcare policies, Legal challenges.

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 RESEARCH METHODOLOGY

Descriptive Research along with Empirical study.

LITERATURE REVIEW

1. The World Trade Organisation website:

The World Trade Organization (WTO) website plays a pivotal role in disseminating
information and creating awareness about international trade policies, agreements, and
developments. Through its online platform, the WTO provides easy access to a wealth of
resources, including documents, reports, and statistics. This facilitates a better understanding
of global trade rules, negotiations, and the impact of trade policies on member countries. The
website serves as a valuable tool for policymakers, researchers, businesses, and the general
public, contributing to increased awareness and informed decision-making in the realm of
international trade.

2. Harvard T. H. Chan School of Public Health, paper on Reproductive Health Laws around
the World:

This study undertakes the development of a comprehensive index encompassing reproductive

health laws spanning 186 countries from 1960 to 2009. The focus of the index extends to
laws pertaining to abortion, contraceptive pills, condoms, intrauterine devices, and
sterilization. Employing qualitative information from the 1960s, the research employs a panel
data approach to code and analyze the evolution of reproductive health laws worldwide. This
literature review provides a concise summary of the indexation process, elucidating the
sources and methodologies integral to its creation.

The paper illuminates temporal shifts in reproductive health laws and conducts comparative
analyses across diverse countries. Furthermore, it underscores the potential utility of the panel
data by investigating variations in the liberalization of reproductive health laws with respect
to country-level socioeconomic factors. Notably, the findings reveal a correlation between
more liberal abortion laws and higher income per capita, elevated levels of female education,
and reduced fertility rates in the examined countries. This literature review encapsulates the

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key contributions of the study, shedding light on the dynamic landscape of global
reproductive health laws and their intersection with socioeconomic dynamics.

3. Harvard University paper on Strengthening International Legal Authorities to Advance

Global Health Security:

The COVID-19 pandemic exposed limitations in the International Health Regulations (IHR)
and weakened the World Health Organization's (WHO) governance. In response, over twenty
heads of government proposed a new pandemic treaty to enhance global preparedness.
Despite IHR reforms in 2005, the pandemic revealed failures in national responses and global
solidarity. To address these gaps, a Framework Convention strategy is suggested, drawing
from WHO's constitutional powers. The prospective treaty aims to prioritize One Health,
ensure good governance, and establish international monitoring. The O'Neill Institute for
National and Global Health Law supports this initiative, emphasizing its critical role in
overcoming COVID-19 response limitations and advancing global health security.

HYPOTHESIS

1. Public Health services are made easily accessible to everyone.

2. Health Laws have greatly developed throughout the past decade.

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 CHAPTER I- INTRODUCTION

The field of global health law is a dynamic and multifaceted arena that intersects with diverse
legal frameworks and regulations, influencing the delivery of healthcare, patient rights, and
public health policies on a global scale. The purpose of this comprehensive research paper is
to delve into the intricate web of health laws and legislations around the world, exploring
their nuances, implications, and the evolving landscape of global health governance.

Background and Rationale: In an era characterized by unprecedented interconnectedness

and mobility, health challenges transcend national borders, necessitating a robust legal
framework that can address the complexities of a globalized healthcare landscape. This
research aims to contribute to a deeper understanding of the legal structures that underpin
health systems and policies, examining how they shape healthcare practices and impact the
well-being of individuals and communities worldwide.

The importance of a comprehensive analysis of health law on a global scale is underscored by

the pressing health issues that transcend geographical boundaries. Issues such as infectious
disease outbreaks, disparities in healthcare access, and ethical dilemmas surrounding medical
advancements require a nuanced understanding of the legal frameworks that guide and
govern health-related decisions. By scrutinizing the legal dimensions of these issues, this
research seeks to shed light on the challenges and opportunities that arise in the pursuit of
effective and equitable health governance.

Scope and Objectives: This research paper takes a holistic approach, encompassing a wide
range of key legal frameworks and regulations that shape global health. The focus areas
include but are not limited to abortion, assisted suicide, discrimination in medical care, food
safety, and inspection, as well as laws related to organ and tissue transplantation. These topics
were selected due to their profound implications for public health, individual rights, and the
ethical considerations embedded in healthcare practices. Health law consists a diverse range
of topics but the above few shall be the focus areas of this research paper due to time
constrains.

1. Abortion and Reproductive Rights:

-Examining the diverse approaches to reproductive rights and healthcare access globally.

-Evaluating legal paradigms ranging from strict prohibitions to comprehensive reproductive

health policies.

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2. Assisted Suicide and End-of-Life Decision-Making:

- Investigating the ethical and legal dimensions of assisted suicide.

-Illuminating the evolving landscape of end-of-life decision-making, autonomy, and

physician-assisted death across jurisdictions.

3. Discrimination in Medical Care and Health Equity:

- Analysing laws aimed at safeguarding equal access to healthcare services, particularly for
marginalized communities.

- Exploring global efforts to combat discrimination and promote health equity.

4. Food Adulteration and Inspection Laws:

- Scrutinizing the role of regulation in ensuring the safety of food products and protecting
public health.

- Exploring the harmonization of international standards and their impact on domestic

regulations.

5. Organ and Tissue Transplantation:

- Assessing the global legal landscape surrounding organ procurement, allocation, and
transplantation.

- Examining challenges related to organ trafficking and transplant tourism.

This research holds significant implications for policymakers, healthcare professionals, legal
practitioners, and scholars alike. Understanding the legal frameworks governing health on a
global scale is essential for developing effective policies, ensuring the protection of
individual rights, and fostering international collaboration in addressing shared health
challenges. By examining these diverse facets of health law, this research aims to contribute
valuable insights to the ongoing discourse surrounding global health governance. Therefore,
this research paper embarks on a comprehensive journey through the intricate web of health
laws and legislations around the globe. As we navigate the complexities of the legal
frameworks shaping healthcare policies and practices, this analysis seeks to offer a nuanced
perspective on the legal challenges and opportunities inherent in the pursuit of public health,
patient rights, and equitable access to healthcare services across different jurisdictions.

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 CHAPTER II- FOCUS AREAS

1. ABORTION AND REPRODUCTIVE RIGHTS:

Numerous human rights, including as the right to life, the right to be free from torture, the
right to health, the right to privacy, the right to education, and the prohibition of
discrimination, are linked to women's sexual and reproductive health. It has been stated
unequivocally by the Committees on Economic, Social and Cultural Rights (CESCR) and the
Committee on the Elimination of Discrimination Against Women (CEDAW) that women's
sexual and reproductive health is part of their right to health.

States are therefore required to uphold, defend, and respect women's rights regarding their
sexual and reproductive health.

According to the Special Rapporteur on the right to health, women have the following rights
for reproductive health care services, products, and facilities:

 available in sufficient quantities,

 economically and physically accessible,
 inclusive, and of high quality.

Important facets of women's reproductive rights:

 Right to Bodily Autonomy: Women are entitled to control over their bodies, including the
choice of whether and when to procreate. This covers the freedom to use contraception,
the freedom to end a pregnancy when it's safe to do so, and the freedom to decide when
and how to have children.
 Access to Contraception: In order to make educated decisions about family planning,
women should have access to a variety of safe and reliable contraceptive options. This
covers the availability of inexpensive, barrier-free access to contraception as well as
information about available contraceptive methods.
 Safe and Lawful Abortion: Women have the right to get safe and lawful abortion services
in areas where abortion is permitted. Restrictive abortion regulations can have detrimental
effects on women's autonomy and health. Access to abortion is a crucial aspect of
reproductive rights.

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 Prenatal and Maternal Care: It is the right of women to have safe and effective prenatal
and postnatal care. The health of the mother and her unborn child during pregnancy and
delivery depends on receiving quality medical care.
 Freedom from Coercion and Discrimination: Women are entitled to make reproductive
decisions without being subjected to coercion, violence, or discrimination. This includes
the freedom to decline an abortion, sterilization, or other reproductive medical operation
without the agreement of the intended recipient.
 Education and Information: Women should have equal access to thorough, accurate, and
unbiased information on the health of their reproductive systems. This includes sex
education, which gives people the capacity to make knowledgeable decisions.
 Access to Assisted Reproductive Technologies: Women have the right to use assisted
reproductive technologies, including surrogacy and in vitro fertilization (IVF), and to
decide how they will procreate in the future.
 Protection from Harmful activities: Women are entitled to protection from activities that
might seriously affect their reproductive rights and health, such as forced marriages, child
marriages, and female genital mutilation (FGM).
 Reproductive Healthcare Services: Women are entitled to full reproductive healthcare
services, which include access to qualified medical personnel, treatment for reproductive
health concerns, and testing for STDs.
 Privacy and Confidentiality: When obtaining reproductive healthcare treatments, women
are entitled to privacy and confidentiality. Until the lady wants to reveal it, medical
information should be kept private.
 Assistance with Parenting: Women who opt to have children are entitled to resources and
assistance to guarantee their own and their children's welfare. This covers the availability
of daycare, parental leave, and assistance for working moms.
 Advocacy and Legal Protection: Governments must create and implement laws and
policies that safeguard and advance women's reproductive rights. Women also have the
right to advocate for these rights.

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INFRINGEMENT ON WOMEN'S RIGHTS TO REPRODUCTIVE HEALTH

 Women's sexual and reproductive health and rights are frequently violated, despite the
commitments. These come in a variety of shapes, such as:
 depriving women of access to services that they need;
 providing subpar services;
 requiring authorization from a third party to access services;
 forcing women to undergo forced sterilization, forced virginity tests, and forced abortions
without their consent;
 female genital mutilation (FGM);
 and early marriage

Women's rights to sexual and reproductive health and welfare are frequently violated because
of deeply rooted social ideals and ideas on women's autonomy.

 Because of patriarchal ideas about women's duties in the family, women are frequently
valued only for their capacity to procreate.
 Women's health can be severely harmed, even fatally, by early marriage, pregnancy, or
several pregnancies spaced too closely apart as a result of efforts to create male progeny
due to the preference for sons.
 In addition, women are frequently held responsible for infertility, which leads to
discrimination against them and a number of human rights abuses.

PROBLEMS IN INDIA

Women and girls still face significant obstacles to fully exercising their reproductive rights,
including inadequate health care and restrictions on their ability to make decisions, despite
the fact that India was one of the first nations in the world to develop legal and policy
frameworks guaranteeing access to abortion and contraception. Administrative delays can
place a burden on women. In one such instance, a lady who had requested an abortion at 17
weeks was denied one at 20 weeks. The overall ambiguity surrounding the circumstances
under which a woman may lawfully terminate her pregnancy is exacerbated by inconsistent
rulings. Recently, the Supreme Court denied a woman's request to end her 27-week
pregnancy, upholding the unborn child's right to life. Women's reproductive autonomy is
undermined by discriminatory policies such as the need, either expressly stated or tacitly, that
spouse agreement be obtained before receiving reproductive health treatments.

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ABORTION RIGHTS & LAWS

The Medical Termination of Pregnancy (MTP) Act's Development: In India, abortion has
been permitted since 1971. When the 1971 legislation was initially implemented, obtaining a
medical abortion up to 12 weeks into a pregnancy needed the consent of one licensed
physician, and obtaining an abortion up to 20 weeks required the consent of two physicians.
The MTP Act was amended in 2003 to include new regulations for the medical termination of
pregnancy for up to seven weeks using misoprostol, a recently developed abortion drug. In
2020, the MTP Act underwent a more thorough amendment, and in September 2021, the new
law went into force.

Significant clauses in the MTP Amendment Act of 2021: The MTP Act of 1971's maximum
gestational age at which a woman might have a medical abortion was raised to 24 weeks by
the modification. However, there are restrictions on when abortion rights can be invoked
under this revised higher limit. Up to 20 weeks into the pregnancy, the MTP may now be
accessed based on the opinion of a single licensed medical provider. Two licensed medical
professionals' opinions would be needed from 20 weeks to 24 weeks.

The requirements of this Act will be followed if a doctor's suggestion is given and
authorization is sought for at least one of the following reasons.

 if carrying the pregnancy to term puts the expectant mother's life at danger.
 if the woman's physical or mental health suffers significantly as a result of carrying the
pregnancy to term.

Which provisions pertain to abortion in the Indian Penal Code?

There are clauses in the Indian Penal Code pertaining to miscarriages.

The IPC's Section 312: In India, this clause essentially outlaws unrestricted abortion. A
person who "voluntarily causes a woman with child to miscarry" is subject to punishment
under this provision. He or she might face a maximum three-year prison sentence, a fine, or
both if the action was taken with the intention of saving the pregnant woman's life.

The IPC's Section 313: In accordance with this section's requirements, an individual who
induces a miscarriage without the pregnant woman's agreement, regardless of the woman's
pregnancy stage, faces a maximum 10-year jail sentence or life imprisonment, in addition to a
fine.

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THE UNBORN CHILD'S RIGHTS

 Recently, the Supreme Court denied a woman's request to end her 27-week pregnancy,
upholding the unborn child's right to life. A court of India's Chief Justices ruled that since
the pregnancy had progressed over the 24-week mark, a medical termination of the
pregnancy could not be approved.
 The idea of an unborn child's rights is a complicated and contentious topic, especially
when it comes to legal and moral debates. An unborn child's rights can change based on
ethical, legal, and cultural viewpoints.
 The rights of an unborn child are often not expressly acknowledged until a specific point
in their development or at birth in many legal systems. This differs depending on the
nation. For instance, a fetus may be granted rights in some countries at the moment of
viability, which is when it may be able to live outside the womb.
 The pregnant person's autonomy and rights may overlap with those of the unborn child.
These intricate and frequently contradictory rights impact decisions about pregnancy
termination, medical procedures, and prenatal care.
 Some contend that the unborn child has rights to health and wellbeing throughout
pregnancy, including safety from injury, enough nourishment, and a secure environment.
 Cultural and religious convictions frequently have a big influence on how people think
about the rights of unborn children. Certain cultures and religious traditions believe that
an unborn child has a soul and moral status from the moment of conception.
 Pregnant women's reproductive choices and rights must be weighed against the rights of
the unborn child. Who gets to make the final decision in a quarrel is a topic of discussion
frequently.
 In certain jurisdictions, if a pregnant person is the victim of assault or other abuse that
ends up harming or killing the baby, the unborn child is protected by law. These laws,
which are often known as fetal homicide laws, differ greatly in their application and
breadth.
 Preserving the health and rights of the expectant mother is equally crucial. When
considering the rights of the unborn child, maternal rights are an important factor to take
into account.

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2. ASSISTED SUICIDE AND END-OF-LIFE DECISION-MAKING

Guidelines on acknowledgment of terminally ill patients' "living wills" were released by a

five-judge panel of the highest court of India, led by Chief Justice of India Dipak Misra and
composed of Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud, and Ashok Bhushan.

These regulations specify who is able to carry out a will and when the medical board is able
to approve passive euthanasia. The supreme court went on to say that its rules and regulations
would stand until legislation was introduced to address the matter.

The NGO Common Cause had filed a PIL in 2005, and the court was rendering a decision on
it. Reputable attorney Prashant Bhushan, according to LiveLaw, had argued in the case that a
patient should have the right to refuse artificial life support, also known as passive
euthanasia, if a medical expert indicates that the patient has reached a point of no return and
wants to spare herself from unnecessary suffering.

In 1994, a five-judge panel led by Justice J. S. Verma ruled in Gian Kaur v. State of Punjab
that assisted suicide and euthanasia were both illegal. In P. Rathinam v. Union of India, a two-
judge bench order that declared section 309 of the Indian Penal Code (attempt to suicide)
illegal was overturned by the bench on the grounds that the right to life did not include the
right to die.

The highest court, in the Gian Kaur case, ruled that only elements of life that enhance its
dignity may be included into Article 21, indicating that the right to die was incompatible with
this provision.

Nevertheless, the Supreme Court ruled in March 2011 in Aruna Ramchandra Shanbaug v.
Union of India that, in some extraordinary situations, passive euthanasia may be approved—
as long as it was closely supervised by the highest court.

Pinki Virani, a social activist, writer, and journalist, filed a writ suit on behalf of Aruna
Shanbaug, who has been in a vegetative condition since 1973, alleging that the constitution's
guarantee of her right to life has been infringed.

According to the SC, the decision to end a person's life cannot be made just by the patient's
family or the "next friend," as was the case with the Shanbaug case's nursing staff. At the
time, the Center rejected the idea of a "living will" and claimed that a patient's agreement to

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remove an artificial support system might not have been made with full knowledge. The
choice could have resulted from ignorance about medical breakthroughs.

The way that active euthanasia varies from passive euthanasia is that in the former, a person
is murdered by an act; for instance, by receiving an excessive amount of painkillers. In the
case of passive euthanasia, neglect results in death. Stated differently, by not performing any
medical action to preserve the patient's life.

When all other life-supporting measures fail to provide a terminally ill patient or someone in
a vegetative condition with a better quality of life, euthanasia is thought to be the only
practical choice. With a living will, a patient can specify in writing what medical care they
want to receive when they are terminally ill or unable to give informed consent.

This includes instructions for life support to be withdrawn in the event that a medical board
determines that all options for saving their life have been exhausted. The centre had argued
against the idea of a living will because there was a chance that it would be abused. and that
incorporating it into public policy might not be feasible.

LAWS ALLOWING ASSISTED SUICIDE AND GLOBAL EUTHANASIA

In April 2002, the Netherlands became the first nation to legalize assisted suicide and
euthanasia. The nation reportedly imposed severe regulations and requirements, such as the
need that "the patient must be suffering unbearable pain, their illness must be incurable, and
the demand must be made in "full consciousness" by the patient," according to a story in the
Guardian.

In the same year, Belgium swiftly adopted legislation authorizing the practice. According to
the Guardian, "doctors can help patients to end their lives when they freely express a wish to
die because they are suffering intractable and unbearable pain," even if assisted suicide is not
specifically listed in the legislation.

Although it is still illegal in the US, physicians are permitted to give terminally sick patients
fatal dosages of medication in five states. Approximately 300 Americans who were near death
were administered fatal drugs in 2013, and about 230 of them passed away as a result of
taking them.

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3. DISCRIMINATION IN MEDICAL CARE AND HEALTH EQUITY:

In addition to formal equality under the law, the State is required under the right to equality
and non-discrimination to offer substantive non-discrimination for individuals and groups
who experience uneven affects. Recognizing stigma, discrimination, and exclusion due to a
disability, health condition, gender and gender identity, and other social, economic, and
cultural characteristics is necessary in the context of healthcare.

In such scenario, affirmative action, inclusive policies, reasonable accommodations, and

affirmative action that takes into account specific needs and acknowledges current hurdles to
healthcare access should all fall within the category of positive responsibilities, in addition to
the prohibition of discrimination. The Covid-19 epidemic has brought attention to the
necessity for safety for those working in the healthcare industry, as seen by the numerous
accounts of attacks on healthcare personnel who are stigmatized as virus carriers.

There are many social aspects to healthcare, and laws pertaining to work, children, the
minimum wage, the environment, etc. contain provisions protecting various aspects of
healthcare. India does not recognize the right to health in and of itself; instead, it is included
into the Constitution's Article 21 right to life. The State is likewise subject to some public
health commitments under Part IV of the Directive Principles of State Policy.

Despite these lists, it appears that single-axis discrimination is the normative content of
equality in healthcare, with little consideration given to the social conditions that give rise to
and maintain these disparities. Regarding HIV status, for instance, the HIV/AIDS Act of 2017
requires governments to provide free ART services, therefore granting HIV individuals broad
anti-discrimination rights as well as the ability to obtain healthcare and medicine.

However, the Act does not shield sex workers, who are the group most susceptible to HIV. In
other words, even if a sex worker might be entitled to medical attention based on their HIV
status, their illegal activity would eventually prevent them from receiving the same care.

Similarly, even though it is a unique composite conditionality, the Rights of Persons with
Disabilities Act of 2016 provides no safeguards to handicapped people from disadvantaged
caste groups. The Covid-19 pandemic provides ample proof that healthcare access is not

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limited to a select few, but purposefully denied to socioeconomically disadvantaged groups,
caste, gender, and religious minority as a means of reinforcing preexisting inequalities. In the
meanwhile, private healthcare providers are not required to forbid discrimination or maintain
equality when providing their services, so preventing rural and impoverished groups from
receiving treatment.

It is indisputable that people must be shielded from discrimination on the basis of their health,
access to care, and employment in the healthcare industry, regardless of whether the right to
health is eventually recognized as a basic right. If single-axis laws are not backed by
comprehensive and strong anti-discrimination laws, their reach will remain restricted and
they will not be able to provide universal access to healthcare.

The objectives of the right to equality would be greatly realized by enacting a law like
CLPR's proposed Equality Bill of 2020, which acknowledges health (status) as a protected
feature as well as health (full physical, mental, and social well-being) as a basis for
discrimination.

In addition, the Bill offers legal remedies for severe kinds of discrimination, taking
intersecting identities into consideration and providing unique safeguards that also
acknowledge the diversity of experiences within the field of discrimination legislation.

Another federal legislation that provides protection against discrimination is Section 504 of
the Rehabilitation Act of 1973. Discrimination on the basis of disability is forbidden. It's
applicable to organizations that get government money. People with disabilities cannot be
excluded from or denied an equal chance to receive program services and benefits by covered
organizations under Section 504.

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4. FOOD ADULTERATION AND INSPECTION LAWS:

The production, distribution, processing, packaging, and wholesaling of food items are all
included in the food business. The nation's population's health and safety are virtually at risk
when the quality of these items is compromised. As a result, food that is served to the general
public must meet or exceed specified standards of quality. This standard is essentially
established by food adulteration legislation. "The addition or subtraction of any substance to
or from food so that the natural composition and quality of food substance is affected" is the
definition of adulteration of food1. This causes the meal to be of lower quality. This might
occur accidentally as a result of the person handling the food item's carelessness, or it can be
done purposefully in an attempt to make a profit. Under the nation's laws, the offender is
accountable for adulterating food in any scenario.

Numerous figures indicate that food adulteration is increasing across the nation. Records
from the Health and Family Welfare Ministry for the 2012–13 fiscal year show that 20% of
our food is contaminated or of poor quality.

 Between 2008–09 and 2012–13, the percentage of contaminated food on the market
increased from 8% to 20%. Genetically modified food makes up 32% of the packaged
goods we eat.
 Nearly 70% of milk is contaminated, with water being the most prevalent adulterant,
according to an FSSAI survey on the issue. The unexpected finding of the survey was that
one of the adulterants—and a serious health risk—was even detergent.
 To keep the adulterers in control, it is imperative to keep an eye on food adulteration.

The Constitution's Concurrent List includes food adulteration as one of its topics 2. A number
of state legislation governing food quality existed before to 1954. Nonetheless, variations
existed among the states' regulations, which created challenges for interprovincial commerce.
1
Punishment for Food Adulteration- FSSAI, India Filings, https://www.indiafilings.com/learn/punishment-food-
adulteration-fssai/.
2
INDIA CONST. Schedule VII, List III, Entry 18.

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It was considered that central legislation was necessary. In order to address the widespread
issue of food adulteration in the nation, the Union legislature passed the Prevention of Food
Adulteration Act, 1954. This Act was in force until the Food Safety and Standard Act, 2006,
revoked it. Along with it, the 2006 Act also abolished a number of orders, including the Meat
Food Products Order of 1973, the Fruit Products Order of 1955, and the Milk and Milk
Products Order of 1992.

The Prevention of Food Adulteration Act of 1954 has a number of flaws. Therefore, the Food
Safety and Standards Act, 2006 (henceforth referred to as the "FSSA") was passed by the
Parliament in order to correct such flaws and combine the laws pertaining to food safety and
standards. All existing laws pertaining to food quality that were in effect were abolished by
this Act. The Central Government is authorized to establish regulations under Section 91 of
the Act. The following are a few of the laws that the government has passed to control food
product standards:

 Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation,
2011.
 Food Safety and Standards (Packaging and Labelling) Regulation, 2011.
 Food Safety and Standards (Laboratory and Sampling Analysis) Regulation, 2011.
 Food Safety and Standards (Food Product Standards and Food Additives) Regulation,
2011.

RELATION TO THE INDIAN PENAL CODE OF 1860

Apart from these laws and regulations, there are provisions under the Indian Penal Code too
which deal with food adulteration. Chapter XIV of the Code lays down provisions dealing
with ‘offences affecting the public health, safety, convenience, decency, and morals’.
According to Section 272 and 273, food or drink adulteration or sale of such food or drink is
an offence punishable with an imprisonment which may extend to six months or fine or both.
However, some states like Uttar Pradesh and West Bengal considered it to be insufficient
punishment and made amendments in the provision with respect to punishment in the year
1970. The state amendment has made the offence punishable with imprisonment for life
along with the liability of fine.

FOOD SAFETY AND STANDARD ACT OF 2006 PROVISIONS

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The Food Safety and Standard Act of 2006 is a comprehensive law that addresses many
different facets of food safety regulation. The Act's provisions fall under a number of
headings.

5. ORGAN AND TISSUE TRANSPLANTATION LAWS

Human organ transplantation is a major advancement in medical science and technology. In

the medical world, "transplant" refers to the procedure wherein an organ or part of the body is
taken from its original location in a person and placed in a new person at a different spot.
Legislation is required to prevent illicit behaviour involving the marketing of organ
transplantation, as the number of patients in dire need of a transplant exceeds the number of
donors available.

It all begins when an organ starts to fail or degenerate and the patient needs a transplant in
order to live. A complete evaluation takes place in a transplant facility, and if an individual
meets the requirements for a transplant, they are added to the National Transplant Waiting
List. The waiting period for an organ starts as soon as the person's name comes on the list.
It's a mechanism that matches donors with those on the waiting list. Blood type, body size,
patient severity, distance from the donor, tissue type, and length of waiting list are all taken
into consideration when classifying donors. Organ matching never occurs based on

1. The gender,
2. Caste,
3. Income, and lastly,
4. A person acquiring a special status and position in society.

The Transplantation of The Human Organs Act, 1944 (THAO) is the main legislation
governing organ donation and transplantation. Its goal was to uphold appropriate regulations
for the harvesting, preservation, and transplantation of organs for medicinal purposes. The
primary responsibility of the law is to stop transplant commercialization.

The states of Maharashtra, Goa, and Himachal Pradesh suggested the necessity for such an
act, and all other states—aside from Andhra Pradesh and Jammu and Kashmir—later agreed.
However, the amount of human trafficking and the sale of human organs for economic gain
did not decline. As a result, in 2009, there was a strong desire to change the legislation to
resolve the disparities. The Indian Parliament enacted the amendment in 2011, and
regulations implementing it were written in 2014.

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Several important provisions of the 1994 law:

 The authorization Committee needs to be organized at the State and Centre levels and be
composed of a unique group of specialists. The committee would be in charge of keeping
track of the organs that are available and authorizing transplants.
 Only the authorized medical professional who is registered with the government will be
tasked with executing the procedure to remove the deceased's organs from his or her
body.
 A hospital where the transplant will be performed must have approval from the State
authorities in order to be designated as an authorized centre.
 Before the transplant procedure is about to start, a person cannot be deemed brain dead
without a trained neurosurgeon's clearance.
 If no other family member disagrees, the relative may provide consent on behalf of the
dead.

THAO, 1994: A critical study using case law:

The Act establishes procedures for obtaining organs from deceased, related, and unrelated
individuals, with the goal of outlawing the unlawful trade in human organs. The law's initial
goal for organ donation develops for close relatives, such as parents, siblings, children,
brothers, sisters, or spouses, and their link must be demonstrated by genetic testing or official
documentation.

The Authorization Committee (AC) was established by the government in cases involving
unrelated donors to guarantee that organ donations are made only out of "Affection and
Attachment" with the patient and that the donor is not receiving undue financial benefit. The
Authorization Committee's goal is to ascertain whether or not there is a business relationship
between the donor and the patient in order to establish whether or not the donation is
forbidden in any way. Balbir Singh Vs. Authorization Committee and Others raised the issue
of "Near Relative" in the context of the case.

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The Act was created with the intention of outlawing the trading of human organs. As to the
legislation, anyone who engage in the unlawful and violent act of selling organs would face
imprisonment for a maximum of two to seven years, in addition to a fine ranging from Rs
10,000 to Rs 20,000. Nevertheless, despite the 2011 Amendment, this Act has not been able
to put an end to the illicit organ trade.

It was not very successful, as seen by the kidney scams that were publicized in 2002, 2003,
and 2004 due to the fortunate circumstance that it was the only profitable human organ that
could be obtained unlawfully from living donors.

One of the greatest advances in medical science and technology is organ transplantation. The
benefits of this achievement, though, might not be accessible to everyone. In its current form,
cadaveric donation in India mostly serves the wealthy and helps a very small proportion of
patients who seek it. It has also resulted in the impoverished being exploited. Thus, even as
increasing donation rates is something we actively strive for, we must never lose sight of the
wider issue. The developed West, whose social mores and healthcare systems diverge from
those of India, is the source of many of the concepts and theories underlying contemporary
transplantation of deceased donors. In India, we must create a framework that is open,
egalitarian, and devoid of oppression.

There is still a severe shortage of organ donors despite the continuous increase in the need
and necessity for organ donors. The illicit organ trade has sharply increased as a result of the
increased demand for organs; underdeveloped nations with high rates of poverty and lax
enforcement of laws are most severely impacted. It is a tragic fact that despite the THO Act
being in place for 15 years, neither the commercial trade in organs nor the promotion of
organ donation have been successful.

In India, the best course of action would be to fund the public education on dead donation and
enact legislation requiring donations till the donor withdraws. To bridge the large gap
between the supply and demand for organs, the society's conservative outlook must alter in
addition to strict legal requirements and efficient execution.

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 CHAPTER III- CONCLUSION

In the culmination of our comprehensive analysis of health law and legislations around the
globe, it becomes evident that the legal landscape influencing healthcare policies and
practices is intricate, dynamic, and riddled with complexities. The diverse range of topics
explored in this research paper, spanning from abortion and assisted suicide to discrimination
in medical care, food safety laws, and regulations on organ and tissue transplantation,
underscores the multifaceted nature of global health law.

The examination of global approaches to reproductive rights revealed a spectrum of legal

paradigms, reflecting the deep-seated cultural, religious, and ethical considerations that shape
healthcare policies. From countries with strict prohibitions to those championing
comprehensive reproductive health policies, the diversity in legal frameworks underscores
the ongoing dialogue about individual autonomy, gender equality, and healthcare access.

The investigation into assisted suicide and end-of-life decision-making illuminated a shifting
landscape marked by ethical considerations and evolving perspectives on autonomy. The
exploration of physician-assisted death across jurisdictions highlighted the delicate balance
between individual autonomy, medical ethics, and societal values, reflecting an ongoing
paradigm shift in the perception of the right to a dignified death.

Analysis of laws addressing discrimination in medical care emphasized the global efforts
aimed at ensuring equal access to healthcare services, particularly for marginalized
communities. Despite progress, disparities persist, revealing the need for more
comprehensive legal frameworks that actively combat discrimination and promote health
equity on a global scale.

Scrutinizing food adulteration and inspection laws underscored the critical role of regulation
in safeguarding public health. The exploration of international standards and their impact on
domestic regulations emphasized the importance of harmonization in addressing the
globalized nature of the food supply chain. The findings highlight the necessity for

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continuous collaboration and vigilance to protect populations from the risks associated with
unsafe food products.

The assessment of legal frameworks surrounding organ and tissue transplantation revealed a
global landscape fraught with challenges, including organ trafficking and transplant tourism.
The study calls attention to the need for strengthened international cooperation, ethical
guidelines, and regulatory frameworks to address the complexities of organ procurement,
allocation, and transplantation on a global scale.

The insights garnered from this research have far-reaching implications for policymakers,
healthcare practitioners, legal professionals, and scholars. As the global community grapples
with emerging health challenges, the need for adaptive, collaborative, and ethically grounded
legal frameworks becomes increasingly apparent. Future research endeavors should continue
to explore the intersections of health law with emerging technologies, infectious disease
control, and the ever-evolving landscape of patient rights and medical ethics.

Therefore, this comprehensive analysis contributes to a deeper understanding of the legal

intricacies that shape healthcare policies and practices globally. The journey through diverse
facets of health law has revealed not only challenges but also opportunities for fostering
international collaboration, advocating for patient rights, and advancing public health. As we
navigate the complexities of the global health law landscape, this research serves as a
compass, guiding stakeholders toward informed decision-making and the continuous pursuit
of health equity, ethical healthcare practices, and the well-being of individuals and
communities worldwide.

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