Pregnancy as a Result of Rape Presumed to Constitute a Grave Injury to the Mental Health of the Pregnant Woman: MTP Allowed: Chhattisgarh High Court

2021 ◽  
Vol 19 (1and2) ◽  
pp. 37-39
Author(s):  
Mukesh Yadav ◽  
Mukesh Kumar Bansal
2020 ◽  
Vol 2019 (25) ◽  
pp. 183
Author(s):  
Zia Akhtar

<p>In December 2018, the Minister of State for Disabled People, Health and Work revealed to Parliament that only 140,000 Personal Independence Payment (PIP) cases had been officially reviewed and cleared for the given year. Disclosure of this meagre number (at the time less than 10 per cent of all applications) was preceded by a decision of the High Court (RF v Secretary of State [2017] EWHC 3375) which found that regulations that came into force last year were “blatantly discriminatory” to people who were suffering from mental health problems.</p><p>The issue that it brings to the surface is that this is an integrated benefit where the mental health component and the mobility component are overlapping. This has been revealed by the "psychological distress" suffered as a consequence of a lack of mobility of the claimant who has been awarded the benefit. This paper enquires if the PIP is a social security provision that has been injudiciously implemented without sufficient consultation given its anomalies, and it argues for the need for clarity and the application of a set criteria for evaluation. There is also a basis to argue that it should be deemed as an integral mobility and mental health-based benefit with greater regard for the claimant's existing welfare provisions rather than a subjective reliance on the assessor's report.</p><p>Keywords: Personal Independence Payment; PIP; mental health; discrimination; mobility; psychological distress, Article 14, paragraph 2.4, descriptor 3 (b) (2).</p>


Author(s):  
Abdullah Jibawi ◽  
Mohamed Baguneid ◽  
Arnab Bhowmick

Medical law is a branch of law concerned with the responsibilities of healthcare professionals and the rights of patients. Civil cases (litigation) are heard in the County and High Court in England and Wales, and Sheriff Courts and Court of Session in Scotland. If a trial takes place, then the claimant has to provide enough evidence, and judgment would be based on the balance of probabilities. Both parties can appeal the judgment. Criminal cases (proceedings) are dealt with by the Crown Prosecution Service (CPS) in most cases. The CPS engages barristers to conduct the prosecution in the higher court. The burden of proof is placed on the prosecution. They must call supporting evidences to prove that the defendant is guilty. The defendant then needs to prove that the evidence is unreliable and that the evidence does not prove guilt to the required standards. i.e. beyond reasonable doubt. Doctors should always be aware of certain aspects of medicolegal principles in their practice, such as rules for appearing in court for doctors, writing a statement, mental health act, brain stem death, and confidentiality.


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