Posts

Showing posts from January, 2026

No Criminal Action against doctors without Expert Medical Opinion : P&H High Court - Adv. ROHiT ERANDE ©

 No Criminal Action against doctors without Expert medical opinion : P&H High Court -  Case Details :  IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Vijay Kumar Dhawan and others V/s. Gurpreet Singh .  CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA CRM-M-15772-2018 (O&M) Date of decision: 08.01.2026 Facts in short : 1. The present petition was filed by the Petitioner Doctors against quashing of FIR for the alleged  offences punishable under Section 304-A of IPC read with Section 34 of IPC, for causing death of a Pregnant woman in her permanency.   2. The case geos back to 2015, when the Respondent took his pregnant wife Smt. Sandeep Kaur to the Petitioner's hospital as she was in labour pains.  it was allged that it   was informed that she would have normal delivery and was asked to deposit the fee. however the Petitioners No. 2 and 3 had subsequently informed the complainant that a surgery was to be perfor...

Important Judgments which shaped MTP Act, POCSO Act, and PCPNDT Act: Adv. ROHIT ERANDE.©

  Important Judgments which shaped MTP Act, POCSO Act, and PCPNDT Act: By Adv. ROHIT ERANDE. The Oby & Gyn. Specialists apart from keeping their medical knowledge updated and to use their skill, also routinely have to go through the legal frameworks when dealing with reproductive health, child protection, and prenatal diagnostics and the three critical laws governing Oby & Gyn medical practice in these areas are the Medical Termination of Pregnancy (MTP) Act, 1971, the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.  This article is an attempt to peruse in nutshell the important judgments that every doctor in India should be aware of. I. Important Judgments related to the MTP Act. The MTP Act, 1971 was passed to ensure the health and safety of women by reducing deaths from unsafe abortions, providing a legal framework for abortion under specific conditions, and protecti...