Author: Dr.Shri Gopal Kabra

The Tiny Genital Tubercle of Sonography and the Mighty PCPNDT Act: Sonologist vs Criminologist Abstract The intersection of prenatal sonography and the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act represents a complex battleground between medical science and legal enforcement. This paper examines the medico-legal tensions surrounding the identification of the genital tubercle in early fetal imaging—a structure of minute anatomical significance that has become a focal point in the debate over sex determination and its regulation in India. Through a comparative lens, the study contrasts the interpretive role of the sonologist, grounded in diagnostic precision and clinical ethics, with the…

Hysterectomy operation performed by a trained and experienced gynecologist, following accustomed surgical norms, any iatrogenic injury to Ureter, bladder or bowel, is accidental – hence not an actionable offence. Q. What are the reported iatrogenic injuries in ‘Hysterectomy’ in general and Laparoscopic Assisted Vaginal Hysterectomy with Salpingo-oophorectomy in particular? AI: > Iatrogenic Injuries in Hysterectomy Procedures: A Comprehensive Analysis Introduction Hysterectomy remains one of the most commonly performed gynecologic surgeries worldwide, with an estimated 600,000 procedures conducted annually in the United States alone. Approaches include total abdominal hysterectomy (TAH), vaginal hysterectomy (VH), laparoscopic hysterectomy (LH), and robotic-assisted hysterectomy (RH). The…

“An AI-Enabled Review of Regulatory Gaps and Public-Safety Challenges.”Aluminium phosphide is a highly effective fumigant used to protect stored grains, especially in warehouses and large-scale storage facilities. As a solution to food scarcity, it has proven invaluable. It leaves no harmful residues on the grains and poses minimal risk when used properly. When exposed to moisture in the air, aluminium phosphide slowly releases phosphine gas at a controlled rate. Despite its widespread use, there have been no reported deaths from inhalation in storage environments. In stark contrast, ingestion of aluminium phosphide is invariably lethal. Once it enters the acidic environment…

Forced Abortion “Forced Abortion” immediately brings to mind the dark era of Sanjay Gandhi’s sterilization drive—when government officials roamed villages enforcing quotas, and doctors operated under immense pressure in temporary camps. That campaign rested on the belief that strict, sometimes brutal, measures were essential to curb population growth. This narrative unfolds after those harsh days. Although outright coercion had ended, subtler pressures lingered. I first met Shyam, a young advocate at the Rajasthan High Court, through my work as a medico-legal activist. Having given up my medical license to practice law (I hold an LLB), I’d been filing public interest…

Confidentiality in Indian Medical Ethics Confidentiality is a patient’s fundamental right. Disclosure—by design or default—to a third party that may harm the patient is a punishable offence. Preventing disclosure by default in Indian hospital settings is a dilemma. Case Introduction Question: I would like to discuss a case of an unmarried teenage pregnant Indian girl. The social norms of traditional Indian society are very different from those in permissive Western societies. The discussion should strictly address norms and sensitivities of Indian society, including religious considerations. A Case of an Unmarried Pregnant Girl A 17-year-old unmarried girl is brought to the…

“Courts have played a salutary and corrective role in innumerable instances. They are highly respected by our people for that. At the same time, the dividing line between judicial activism and judicial overreach is a thin one.”  — Prime Minister Dr Manmohan Singh”Judicial activism is not the same as judicial overreach. The former is a peacemaker; the latter is a trespasser.” — Former CJI Ranjan Gogoi Q. Medical fraternity in India is greatly agitated on the two woes inflicted on the profession. Firstly, the inadvertent mischief caused by inclusion of Health Care as service in Consumer Protection Act 1986 by…

“Courts have played a salutary and corrective role in innumerable instances. They are highly respected by our people for that. At the same time, the dividing line between judicial activism and judicial overreach is a thin one.”— Prime Minister Dr. Manmohan Singh “Judicial activism is not the same as judicial overreach. The former is a peacemaker; the latter is a trespasser.”— Former CJI Ranjan Gogoi Medical Liability in India: Key Concerns The medical fraternity in India is greatly agitated by two major issues: Comparing New Legal Changes with Previous Regulations Key Distinctions Proposed Reforms to Improve Conditions for Medical Professionals…

Cowardice asks the question, ‘is it safe?’; expediency asks the question, ‘is it politic?’; vanity asks the question, ‘is it popular?’; but conscience asks the question, ‘is it right?’; and there comes a time when one must take a position that is neither safe, nor politic, nor popular, but because conscience tells one it is right. – Rev. Dr. Martin Luther King, Jr. (1929–1968)Baptist minister and leader of the American civil rights movement Q. Legality of a medical act per Sec 2(14) and 2(15) of BNS is challengeable under provisions of Sec 26 BNS, and the medical ethics. Then why…

Introduction Judicial interpretation of the vague language of Section 2(1)(o) of the Consumer Protection Act, 1986 in the V. P. Shantha case led to the inclusion of Health Care and Medical Services as part of the services named in the inclusory portion of the section, thereby bringing them under the ambit of the CPA. The exclusory portion was not interpreted to apply to medical services, as it was deemed to be not a ‘contract of personal service’ but a ‘contract for personal service’. The reasoned discussion below demonstrates that this interpretation was flawed when considering the intricate details of the…

White Coats, Grey Zones: The Judicial Strain Between Healing Intent and IllegalityThe article underscores the classic legal dilemma between wrongful harm and privileged action under statutory license. Introduction: Injury, as traditionally conceived in law, is an actionable wrong arising from the unlawful invasion of a legally protected interest. But what happens when harm results not from an unlawful act, but from a procedure performed under statutory license—by a medical professional acting with purported “beneficial intent”? Section 26 of the Bharatiya Nyaya Sanhita introduces precisely this conundrum: it accords legitimacy to acts done in “good faith” for a person’s benefit, potentially…