NATIONAL LAW UNIVERSITY TRIPURA

LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

NATIONAL LAW UNIVERSITY TRIPURA

SEMESTER II: LLM (Constitutional Law Specialization Group)

PUBLIC HEALTH LAW - COURSE OUTLINE

COURSE TEACHER
Dr. Bandita Sengupta
Assistant Professor of Law

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

PUBLIC HEALTH LAW

Contextualization of the Course:

The notion of health varies across cultures, with ancient definitions often
revolving around the absence of disease. In some societies, health is
equated with harmony, signifying peace within oneself, the community, and
the broader cosmos. The Vedic era, spanning from around 1500 BCE to 500
BCE, contains spiritual and philosophical texts like the Vedas, though
comprehensive health laws are absent. On the international stage, health
was initially overlooked in treaties like the League of Nations' covenant
post-World War I. The World Health Organization (WHO) emerged later
during the drafting of the United Nations charter after World War II. Over
recent decades, there's been a renewed recognition of health as a human
right and global social priority, encompassing physical, mental, and social
well-being, as well as access to medical services, sanitation, nutrition,
housing, and a clean environment. This understanding has broadened the
scope of health rights, impacting the roles and responsibilities of healthcare
professionals and their relationship with society. Health is recognized as a
fundamental human right essential for a productive life, not solely
dependent on medical expenditure, but also intertwined with various
sectors, central to quality of life, integral to development, and requiring
collective responsibility at individual, state, and international levels.

Object of the Course:

● To provide students with a comprehensive understanding of the legal framework and

policy that governs public health institutions,
● To study philosophical basis for State’s obligation to promote health,
● To introduce various constitutional schemes and programs relating to public health in
India,
● To study specific legislations promoting right to life & health care, risk reduction to
public health, access to medicines, prevention of diseases and drug & narcotic abuses.

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Expected Learning Outcomes

After completion of the course the students will:
● Gain a deep understanding of the legal framework, principles and
concepts underpinning public health law and policies,
● Develop and analytical skills to assess the legal implications of
public health issue and policies,
● Appreciate the interdisciplinary nature of public health laws.

Teaching Methodology:
Lectures
Discussions
Case Analysis
Survey
Data Collection
Presentations
Critical Reflections
Comprehensive Review
Viva Voce

Preparation

Students are expected to actively engage with the assigned materials for
each class session and participate in class discussions and exercises. Being
prepared to discuss and contribute to the lesson is essential. If a student is
unprepared, they may receive an absence for that day. In the study of law,
participation and engagement are vital components of the learning process.
Students are encouraged to volunteer, ask questions, and be actively
involved in class activities.

Outside Reading

The primary objective of the initial semester is to enhance your abilities

in legal analysis and application. The focus lies on utilizing your own

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

skills and analytical capacity rather than depending on external

interpretations or analyses of cases or issues. It is essential to thoroughly
read the designated material and, if time permits, consult supplementary
resources such as hornbooks, but only after thoroughly engaging with the
assigned material through reading, revisiting, and understanding it.

Classroom Etiquette
The classroom environment must be conducive to learning for all
students. Distractions made possible by advances in technology
undermine that goal. Accordingly, during class, in addition to usual
courtesies, kindly

● Disable and refrain from using cell phones, and any other
communication device and;
● Refrain from connecting your lap top to the Internet during class
hours.

Overall Assessment Strategy

The Course is assessed for 100 Marks in total by a close book application-
based examination system. The students are advised to take classroom
exercise seriously and to develop their own application base skills.
The detailed assessment method is given below as :
Sl. Assessment Mode[Internal] Mar
No. ks
1. End-Semester Exam 50

2. Project Work (includes 30 Marks for 30+

written research work and 20 Marks for 15
presentation of the Project)

3. Attendance 5

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Note: Any problems or confusions should be addressed to your tutors in

convenient time.

Assignments
● In order to judge the students the class assignments in the form of
“case comment” or “determination of ratio decidendi of the case” will
be given. Assignments due "in class" must be turned in, before the
given deadline unless you are instructed otherwise. You are
responsible for making sure that you turn in all assignments. Course
coordinator reserves the right to give additional assignments or
change assignment deadlines or modify the syllabus.

● The assigned subject for the project is an indication of the topic.

Students may within that area either narrow-down or broaden the
topic depending on the study and the capability. Due credit will be
given if the title is good and innovative.

● Project may be typed on a computer or may be handwritten on A-4

size paper with 1.5” margin in the left side and 1” margin on the right,
with suitable margin at the top and bottom. Page nos. should be
indicated at the centre top of the page. The font size of the words
should be 12 and there should be 1.5 spacing between the lines.

● The project need not necessarily be spirally bound, but should be

firmly stitched or pinned.

● The project should not exceed 30 pages including the cover page,
abbreviation page, table of contents, table of cases and bibliography.

● Bibliography should only be of those books that are made use of in

writing the project. Table of cases should contain only those cases
actually read by the students either wholly or partially for the project.

Timeliness:

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Due dates and times for both the research and the writing assignments are
strict. Extensions will not be granted except in the case of a genuine
emergency such as a significant, verifiable illness or a death in the family.
You must make the request for an extension as soon as you know of the
emergency.

The students need to work on the assigned project topic which consists of
the following segments:

● Introduction
● Research Methodology
● Contents/Literature Review
● Case Laws/Judicial Pronouncements
● Analysis of Data
● Arrangements and Observations
● Conclusion
● Footnotes
● Bibliography

The student will submit their paper and make a presentation before class.

Project Consultation
Generally, course instructors will be in the office no later than 6 p.m. on
class days, and they will be available for questions immediately after class.
Teachers will be in the office during the day on many other days as fixed by
them too, but in case of a request made by the students, teachers will be
available for scheduled appointments on the weekend or at other times that
are mutually convenient. Please feel free to call or email your teacher to
schedule an appointment.

The email id of course teacher is:

Dr. Bandita Sengupta - email: bandita@nlutripura.ac.in

End Semester Examination (50 Marks)

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Lecture Plan
Modules Title Number of Lectures

Module One Foundations of Health Law Five (05) Lectures

Module Two Evolving Jurisprudence of Health Ten (10) Lectures

Law
Module Three International Paradigms in Ten (10) Lectures
Health Law
Module Four National Paradigms in Health Ten(10) Lectures
Law
Module Five A Glimpse of Indian Health Policy Five (5) Lectures
Module Six Access to Drugs & Medicines and Five (5) Lectures
Health Care
Module Seven Drug & Narcotic Abuses Ten (10) Lectures
Module Eight Mental Health Issues Five (05) Lectures

Course Content

Module One: Foundation of Health Law

Health law is a broad and complex field that encompasses various legal
principles, regulations, and statutes governing the healthcare industry.
Constitutional principles establish the framework within which health law
operates. These principles include the Commerce Clause, which grants
Congress the power to regulate interstate commerce, and the Spending
Clause, which gives the federal government authority to attach conditions
to the receipt of federal funds, often leading to regulations in healthcare. In
the context of health law, common law principles often arise in medical
malpractice cases, patient consent, and confidentiality. In an increasingly
interconnected world, international law may also play a role in shaping
health policy and regulation, particularly in areas such as infectious disease

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

control, human rights, and global health governance. Overall, the

foundation of health law is multifaceted, drawing from various legal sources
and principles to regulate and govern the provision of healthcare services,
protect patient rights, and promote public health and safety. This module
will cover following topics:

● Meaning and Concepts of Health Law

● Factors Affecting Health
● National Health Care Policies of 1983 ,2001 and 2017
● Health Care as Function of State
● Constitution, Social Justice and Health

Essential Readings:

● Alexander Thomas and Arpitha H.C. Nandimath Omprakash V. ,

Health Law and Ethics: Critical Reflections , Thomson Reuters (2022)
● Dr. Sairam Bhat , Healthcare in India: An Introduction to Law and
Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)

Suggested Reference Materials:

● Norman Sartorius, “The Meanings of Health and its Promotion”

CROAT MED J. 2006;47:662-64
● CESCR General Comment No. 14: The Right to the Highest Attainable
Standard of Health (Art. 12 )
● Sudhir Anand “The concern for equity in Health” in Sudhir Anand,
Fabienne Peter, Amartya Sen (eds) Public health, ethics, and equity
15-20 (OUP,2004).
● Amartya Sen, “Why Health equity” in Sudhir Anand, Fabienne Peter,
Amartya Sen (eds) Public health, ethics, and equity 21-33 (OUP,2004).
● Gostin, Lawrence O., A Theory and Definition of Public Health Law.
Available at SSRN: https://ssrn.com/abstract=242580 or
http://dx.doi.org/10.2139/ssrn.242580
● Dan E. Beauchamp, “Public Health as Social Justice” 13 (1) Inquiry
(March 1976), pp. 3-14

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

● Siegfried G. Karsten, “Health Care: Private Good vs. Public Good”

54(2) The American Journal of Economics and Sociology (Apr., 1995),
pp.129-144

Module Two Evolving Jurisprudence of Health Law

Health law encompasses a wide array of legal principles and regulations

that govern various aspects of healthcare delivery, patient rights, medical
ethics, and public health. Jurisprudential theory helps in interpreting these
laws and applying them to real-world scenarios. Legal precedents and
interpretations set by courts provide guidance on how health laws should be
understood and enforced. It often intersects with medical ethics, addressing
issues such as patient autonomy, informed consent, confidentiality, and end-
of-life care. Jurisprudence also helps to establish the ethical framework
within which these legal principles operate. Courts may rely on ethical
principles and philosophical theories to adjudicate cases involving complex
medical and bio-ethical issues. This module will cover following topics:

● Role of Law in Public Health

● Philosophical Foundations of Public Health Law
● Balancing autonomy and pluralism by Harm Principle
● Joseph Raz on Authority
● Three Pictures of Contract: Duty, Power, and Compound Rule
by Klass
● Best interest theory and Health Care
● Paternalism

Essential Readings:

● Alexander Thomas and Arpitha H.C. Nandimath Omprakash V. ,

Health Law and Ethics: Critical Reflections , Thomson Reuters (2022)
● Dr. Sairam Bhat, Healthcare in India: An Introduction to Law and
Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)

Suggested Reference Materials:

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

● David R. Buchanan, “Autonomy, Paternalism, and Justice: Ethical

Priorities in Public Health” 98(1) American Journal of Public Health
(2008) pp 15-21.
● Lawrence O. Gostin and Lindsay F. Wiley , Public Health Law
Power, Duty, Restraint (University of California Press, 3rd edn,
2016).[ Chapter 1 and 2]
● Gregory Klass, Three Pictures of Contract: Duty, Power, and
Compound Rule, 83 N.Y.U. L. REV. 1726, 1774 (2008).

Module Three: International Paradigms in Health Law

International paradigms in health law refer to the overarching principles,

frameworks, and legal concepts that govern health-related matters across
different countries and jurisdictions. These paradigms reflect global efforts
to address public health challenges, protect individuals' rights, and ensure
equitable access to healthcare services. This paradigm emphasizes the
fundamental human right to health, as recognized in international
instruments such as the Universal Declaration of Human Rights and the
International Covenant on Economic, Social and Cultural Rights. It
underscores the obligation of states to ensure access to healthcare services,
essential medicines, and public health interventions without discrimination.
This module will cover following topics:

● WHO : Concept of Health and Medical Assembly Guidelines

● Concept of Health under International Regime (UDHR Art.
27 , ICSER Art.12)
● International Code of Medical Ethics 1949
● Concept of Health under United Nation Declaration on Rights
of Mentally Retarded Persons, 1971
● Declaration of Rights of Disabled Persons, 1975
● ALMATA Declaration 1978
● Health Care Scenario under the TRIPS Agreement
● Sustainable Development Goals (UN GA Resolution on
Transforming our world: the 2030 Agenda for Sustainable
Development, 2015)

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Essential Readings:

● Alexander Thomas and Arpitha H.C. Nandimath Omprakash V. ,

Health Law and Ethics: Critical Reflections , Thomson Reuters (2022)
● Dr. Sairam Bhat, Health-care in India: An Introduction to Law and
Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)

Suggested Reference Materials:

● Dr. Manoj Kumar , Health Laws and Policies in India, THOMSON

REUTERS (2021)
● Dr.Sanyukta Moitra/ Dr.Chandrani Chatterjee/ Dr.Dipankar Debnath,
A Compendium on Health Laws, NEW ERA LAW PUBLICATION, FARIDABAD
(2023)
● Caesar Roy, Health Laws in India, Routledge (2022)

Module Four: National Paradigms in Health Law

India's healthcare landscape has witnessed significant transformations over
the years, propelled by dynamic policy changes and evolving legal
frameworks. This paper undertakes a comparative analysis of the national
paradigms within India's health law domain, exploring the multifaceted
dimensions of healthcare regulation and governance. By examining the
intricate interplay between legislative enactments, judicial precedents, and
administrative mechanisms, this study aims to elucidate the overarching
principles and emerging trends shaping India's health jurisprudence.
Drawing upon a comprehensive review of statutory provisions, case law,
and policy documents, it delves into key thematic areas such as access to
healthcare, patient rights, medical negligence, public health interventions,
and regulatory frameworks governing healthcare institutions and
professionals. Through a comparative lens, it assesses the efficacy of
different legal approaches adopted at the national level, while also
highlighting regional variations and their implications for healthcare

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

delivery and public health outcomes. This module will cover following
topics:

● Right to Health as Fundamental Right under Article 21 of the

Indian Constitution
● Provision Relating to Articles 38, 39 41, 42, 47,48A and 51A of
the Directive Principles of State Policy
● Entries Relating to Health Care under Schedule VII of the
Indian Constitution
● Power of State to Regulate Trade and Commerce for Securing
Health of People

Essential Readings:

● Dr. Sairam Bhat, Health-care in India: An Introduction to Law and

Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)
● Dr. Manoj Kumar , Health Laws and Policies in India, THOMSON
REUTERS (2021)
● Dr. Sanyukta Moitra/Dr.Chandrani Chatterjee/Dr. Dipankar Debnath,
A Compendium on Health Laws, NEW ERA LAW PUBLICATION, FARIDABAD
(2023)
● Caesar Roy, Health Laws in India, Routledge (2022)

Suggested Reference Material:

● Evaristus Chiedu Obi, Post-Trial Access to Drugs in Developing

Nations: Global Health Justice
● Thomas Pogge, Matthew Rimmer And Kim Rubenstein(Eds),
Incentives For Global Public Health-Patent Law and Access to
Essential Medicines (Cambridge University Press, 2010)
● Ravi Duggal, Advancing the Human Right to Health “Health and
development in India: moving towards the right to health” 113
(OUP,2013)
● A Human Rights Approach to Intellectual Property and Access to
Medicines (2013) Global Health Justice Partnership Yale Law School
and Yale School of Public Health Policy Paper 1/2013

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

● Municipal Council, Ratlam v. Shri Vardhichand, AIR 1980 SC 1622

(India)
● Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161(India)
● C.E.S.C. Limited v. Subhash Chandra Bose, (1992)1SCC 441 (India)
● Pt. Parmanand Katara v Union of India, AIR 1989 SC 2039(India).
● Consumer Education and Research Centre v. Union of India, (1995)
3 SCC 42 (India)
● Association of Medical Super Speciality Aspirants and Residents v.
Union of India, 2019 SCC OnLine SC 1055 (India).
● Navtej Singh Johar v. Union of India, 2018 (10) SCC 1(India)
● Union of India v Mool Chand Khairati Ram Trust , AIR 2018 SC
5426(India).
● M/S United India Insurance Company Limited v Jai Prakash Tayal,
2018 SCC OnLine Del 7415 (India).
● Natco v Bayer, IPAB 2013
● Novartis AG v UOI (SC, 2013)
● Social Jurist v NCT of Delhi, 140 (2007) DLT 698 (High Court of
Delhi).

Module Five: A Glimpse of Indian Health Policy

The Indian healthcare policy aims to provide accessible, affordable, and

high-quality healthcare services to its diverse population. With a focus on
preventive care, infrastructure development, and public-private
partnerships, the policy strives to address the country’s healthcare
challenges and ensure equitable healthcare access for all citizens. This
module will cover following topics:

● National Health Mission(NHM) including NRHM ; NHUM,

AYUSH
● Swachh Bharat Mission (Clean India Mission)
● Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (AB-
PMJAY)
● Private Health Insurance and Public Health Insurance

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Essential Readings:

● Aakriti Grover and R. B. Singh, Health Policy, Programmes and

Initiatives, Urban Health and Wellbeing. 2020 : 251–266. Published
online 2019 Oct 26. doi: 10.1007/978-981-13-6671-0_8.
● https://main.mohfw.gov.in/documents/policy/archives.
● Ankit Kumar, The Transformation of The Indian Healthcare System,
Cureus. 2023 May; 15(5): e39079. Published online 2023 May
16. doi: 10.7759/cureus.39079.
● Canna Ghia and Gautam Rambhad, Implementation of equity and
access in Indian healthcare: current scenario and way forward, J Mark
Access Health Policy. 2023; 11(1): 2194507.Published online 2023
Mar 26. doi: 10.1080/20016689.2023.2194507

Suggested Reference Materials:

● Dr. Sairam Bhat, Health-care in India: An Introduction to Law and

Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)
● Dr. Manoj Kumar , Health Laws and Policies in India, THOMSON
REUTERS (2021)
● Dr.Sanyukta Moitra/Dr.Chandrani Chatterjee/Dr. Dipankar Debnath, A
Compendium on Health Laws, NEW ERA LAW PUBLICATION, FARIDABAD (2023)
● Caesar Roy, Health Laws in India, Routledge (2022)

Module Six: Access to Drugs, Medicines and Health Care

It explores the intersection of medical negligence and access to drugs and

medicines. It delves into how medical negligence impacts patients' ability to
obtain necessary medications, often leading to detrimental health outcomes.
The paper examines various factors contributing to this issue, including
healthcare system deficiencies, regulatory barriers, and economic
constraints. It also discusses potential legal and policy solutions aimed at
addressing these challenges, such as strengthening healthcare

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

infrastructure, improving affordability and availability of medications, and

implementing stringent accountability measures for negligent practices.
Ultimately, the abstract underscores the urgent need for comprehensive
strategies to ensure equitable access to essential drugs and mitigate the
risks associated with medical negligence. This module will cover following
topics:

● Right to Health and Law of Crimes

● Concept of Medical Negligence and offences relating to Public
Health
● Right to Health vis-a-vis, the Right to Confidentiality and Right
to Access to Medical Records
● Right to Health and Access to Drugs & Medicines

Essential Readings:

● Dr. Sairam Bhat, Health-care in India: An Introduction to Law and

Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)
● Dr. Manoj Kumar , Health Laws and Policies in India, THOMSON
REUTERS (2021)
● Dr.Sanyukta Moitra/Dr.Chandrani Chatterjee/Dr. Dipankar Debnath, A
Compendium on Health Laws, NEW ERA LAW PUBLICATION, FARIDABAD (2023)
● Caesar Roy, Health Laws in India, Routledge (2022)

Suggested Reference Materials:

● Gostin, Lawrence O. and Berkman, Benjamin E., Pandemic Influenza:

Ethics, Law, and the Public's Health (October 26, 2010).
Administrative Law Review, Vol. 59, No. 1, p. 121, 2007, Georgetown
Public Law Research Paper No. 10-62, Available at SSRN:
https://ssrn.com/abstract=905916
● India: Legal Responses to Health Emergencies <
https://www.loc.gov/law/help/health-emergencies/india.php>
● Paschim Banga Khet Mazdoor Samity v State of West Bengal, (1996) 4
SCC 371 (India)

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

● Master Haridaan Kumar v Union of India (High Court of Delhi order

dated 22.01.2019 in W.P.(C) 343/2019)
● Devika Biswas v Union of India, (2016) 10 SCC 726 (India),
● Laxmi Mandal v Deen Dayal Harinagar Hospital, 2010 SCC OnLine
Del 2234(India).
● Mohd Ahmed v Union of India ,(2014) SCC Online Del 1508(India).
● Amit Ahuja v. Union of India ,W.P.(C) 1507/2014,High Court of Delhi
(India).
● Mr. X v. Hospital 'Z', AIR 1999 SC 495 (India).
● Arjun Gopal v. Union of India, (2018) 14 SCC 152(India).

Module Seven: Drug & Narcotic Abuses and Legal

Solutions

Drug and Narcotic abuse is a major public health issue in India. Significant
changes in the approach toward the use of drug and narcotic component
have happened in the last few decades. Despite this, no systematic attempt
has been made to document the same in the scientific literature. This
module will discuss and review the major drug laws, policies, and national
programs of the Government of India.

● An Over view on NDPS Act 1985

● An overview on Cigarettes and Other Tobacco Products Act
2003
● An overview on Prohibition of Electronic Cigarettes
(Production, Manufacture, Import, Export, Transport, Sale,
Distribution, Storage and Advertisement) Act, 2019.
● Laws on Assisted Reproductive Technologies with reference to
surrogacy

Essential Readings:

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

● Alexander Thomas and Arpitha H.C. Nandimath Omprakash V. ,

Health Law and Ethics: Critical Reflections , Thomson Reuters (2022)
● Dr. Sairam Bhat, Health-care in India: An Introduction to Law and
Legal System, Bloomburry India (2016)

Suggested Reference Materials:

● S. Srinivasan, “The Oxytocin ban: The judgment and legal issues”

Indian Journal of Medical Ethics Online (2019)
● Suresh Bada Math, Vinay Basavaraju, Shashidhara Nagabhushana
Harihara, Guru S. Gowda, Narayana Manjunatha, Channaveerachari
Naveen Kumar, Mahesh Gowda, “Mental Healthcare Act 2017 –
Aspiration to action”, Indian J Psychiatry 2019; 61:S660-6
● K. Ramakrishnan v. State of Kerala (Ker HC, 1999)
● Naya Bans Sarv Vyapar Assoc. v Union of India & Ors. (W.P.
No.7292/2011)
● Health for Millions Trust v. Union of India (2018) 14 SCC 152(India).
● Sauntabai v Asha Janardhan (Bom HC, 2012)
● Mr. Mahesh Bhatt and Kasturi and Sons v. Union of India (2008, Del
HC)
● Burning Brain Society v UOI (2012, Pb&Hr HC)
● Litejoy International Pvt Ltd v UOI (Del HC)
● Khoday Distilleries Ltd v. State of Karnataka (1994 SC)
● The Kerala Bar Hotels Association v State of Kerala (2015 SC)
● State of Tamil Nadu v K Balu (2016 SC)
● Navtej Singh Johar v Union of India, 2018 SC
● Suchita Srivastava v Chandigarh Administration, (2009) 14 SCR 989
(India).
● Devika Biswas v Union of India, (2016) 10 SCC 726 (India)

Module Eight: Mental Health

The issues relating to mental health have gained importance in recent few
years. This module aims to study legislative measures to promote mental
health of citizens.

● An Overview of The Mental Healthcare Act, 2017

Course designed by Dr. Bandita Sengupta

 NATIONAL LAW UNIVERSITY TRIPURA
LLM
COURSE OUTLINE: HEALTH LAW
ACADEMIC YEAR: 2023-24

Essential Readings:

● Suresh Bada Math, Vinay Basavaraju, Shashidhara Nagabhushana

Harihara, Guru S. Gowda, Narayana Manjunatha, Channaveerachari
Naveen Kumar, Mahesh Gowda, “Mental Healthcare Act 2017 –
Aspiration to action”, Indian J Psychiatry 2019;61:S660-6

Suggested Reference Materials:

● Dr. Sairam Bhat, Health-care in India: An Introduction to Law and

Legal System, Bloomburry India (2016)
● Dr. Ishita Chatterjee, Health Law, Central Law Publications (2019)
● Dr. Manoj Kumar , Health Laws and Policies in India, THOMSON
REUTERS (2021)
● Dr.Sanyukta Moitra/Dr.Chandrani Chatterjee/Dr. Dipankar Debnath, A
Compendium on Health Laws, NEW ERA LAW PUBLICATION, FARIDABAD (2023)
● Caesar Roy, Health Laws in India, Routledge (2022)
● ****************

Wishing you a good luck!

Course designed by Dr. Bandita Sengupta