Know the Law: 1

Q). Can Wheelchairs injuries be covered under the ambit of medical negligence?

A). Yes. As held in P.D. Hinduja National Hospital & Medical Research Centre v. Harsh Ashok Lal, Hospitals are to make systematic improvements in their administration and their grievance redressal mechanism to ensure patients’ safety.

Q). Under UAPA, can a Constitutional Court grant bail to terror suspects?

A). Yes. Dealing with Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, a major shift in the landmark case of Union of India v. K.A. Najeeb is seen, where the Hon’ble Supreme Court held that bail can be granted to terror suspects if their right to a speedy trial is violated.

Q). Can observations be made on a rape survivor’s character?

A). No. As held in State of Punjab v. Gurmit Singh (1996), it is prohibited. Also, the infamous “2-finger test” has been held to be against Article 21 in Lillu v. State of Haryana (2013).

Q). Where is right to counsel in custody prescribed?

A). Recognised by Miranda Rights (United States), ICCPR (United Nations), Article 20(3) & Article 22 (Indian Constitution) and also Section 41(D) of CrPC. However, a stringent approach is seen in India, where although an accused has a right to consult a lawyer, the lawyer “cannot hear the proceedings and has to be a certain distance away” (Held in Senior Intelligence Officer v. Jugal Kishore Sharma)