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Lecture 09: Major Signposts of Medical Humanities in India

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0:17Hello everyone, welcome to the lecture

0:19nine of our course introduction to

0:20medical humanities. In the last lecture,

0:23we discussed illness as metaphor where

0:28we thought about different ways in which

0:31the linguistic scape of India defines

0:36what is illness.

0:39In the course of language,

0:42we know that the most important

0:46aspect of our knowing is the language of

0:49the law.

0:51Therefore, in today's lecture, I take up

0:55major signposts of medical humanities in

0:58India. I discuss six landmark laws that

1:03have shaped how we see medical science

1:07today. Let us get it from here. We uh

1:10begin with introduction, a quick view of

1:14what I will be doing today. Here is an

1:16overview, but I will not put much of

1:18time here. I will straight away come to

1:20what I'm going to say. Now in the course

1:23of medical humanities and laws in India,

1:27we begin with an with a premise that

1:30laws have affected society and social

1:34discourses have led to the change of the

1:37law. Now this is the basic principle in

1:40which society functions within the scope

1:44of medical humanities. You will see so

1:46many amendments being made because

1:49society wanted. Now it's a very uh

1:52difficult situation as to say who

1:54affects the whom but there has been a

1:57tandem with the societal change and the

2:00law and that is what we are going to

2:02talk about here. Now what is the

2:06connection between medical humanities

2:08and law? Think about this in in a way.

2:12Now every time you visit a doctor what

2:15happens? There is a doctor sitting this

2:17side and there is a patient sitting this

2:19side.

2:21This and other. Now do you think it is

2:25just the patient doctor space that is

2:27being shared? No.

2:30There is an ethical space as well. That

2:33distance between the two it is also

2:36marked with social space. And very often

2:39we also come across a legal framework

2:42that you can assign to this situation of

2:47patient being seen by the doctor.

2:50In India, several landmark legislation

2:54serve as signpost. These laws have

2:57addressed reproductive rights, epidemic

3:00control, elderly care, child protection,

3:04disability rights, and mental health.

3:06together. What do they do? If you

3:09remember, I talked about health as a

3:12right, as a human right when I was

3:14talking about the objectives of WH in

3:17the context of India too. These laws

3:20have assigned themselves to this vision

3:22and mission.

3:25Quickly take a look at this table. In

3:28fact, this is this table is the spine of

3:30today's lecture. You what does it tell

3:33you? The first is that of the timeline.

3:38The timeline where we discuss the 1897

3:42epidemics act. That's the only colonial

3:45act I will be discussing. Following

3:48which I will take up medical termination

3:50of pregnancy act 1971.

3:53Move on to maintenance and welfare of

3:55parents and senior citizens act 2007.

3:58Juvenile justice act 2015. rights of

4:02person with disability act 2016 and

4:04finally my own very very favorite uh

4:08mental health care act 2017 because I

4:10think within the scope of law this

4:13changed the whole way we thought of uh

4:16mental health issues uh it in fact uh

4:20set the trend of breaking away from the

4:23stigma sphere in which mental health was

4:26caught. If you look at the whole

4:28legislation these six laws according to

4:30the model of care you find that it has

4:33shifted from being coercive and state

4:35controlled to right based and patient

4:37centered. So you find that there is

4:41immense amount of shift that has

4:43happened. Now it is seen that health is

4:46a human right and the laws are made in

4:50which the patient is primary. So how do

4:54you go about it? From this table you

4:57remember one thing. What is that? That

5:00Indian healthcare legislation has

5:02progressively moved from a model of

5:05state coercion and family authority

5:07towards one of individual rights,

5:11dignity and autonomy. Though we see that

5:14a practical implementation continues to

5:17lag behind legislative intent.

5:20This means that the law is there. the

5:23implementation is taking place because I

5:26was quoting so I did use this but if you

5:29look at the ground report you will find

5:31that there is a lot of progressive shift

5:33that is happening.

5:36Let us go to uh epidemics act 1897.

5:40So in the British rule we come across a

5:44devastating bubonic plague outbreak in

5:46Bombay and Pune. In fact, when I will be

5:49taking up literary and cinematic

5:51reflections, I will also discuss

5:53Rajender Singh Bed's short story

5:56quarantine that is written in the

5:59backdrop of the plague. I I remember

6:03translating this particular short story

6:06in English when COVID 2020 hit and there

6:10were so many resonances of how people

6:13felt at that point of time and how we

6:16were feeling then.

6:18If you look at the colonial

6:20administration, it was in panic and so

6:22they passed the epidemics.

6:26They passed the epidemic disease act.

6:29What does this law do? This law gives

6:31the government sweeping powers to

6:33contain epidemic diseases, inspect,

6:36detain, segregate, destroy property all

6:39in the name of public health. There is

6:41no right based provision whatsoever

6:44because it is coercive by design as here

6:48is what I find remarkable. This law I

6:51mean still is in the books and in fact

6:53in 2020 this was amended. However added

6:57protection for healthare workers against

7:00violence which is important but the

7:02fundamental character of the law was

7:05enforcement over rights. And therefore

7:07when we see that this is a classic

7:10example of what medical humanities asks

7:13us to interrogate it says whose interest

7:17does law actually serve. In 1897 it it

7:20was clearly the state but now it is

7:23changing. I mean where we come across

7:26the whole public good versus individual

7:30liberty. This idea actually becomes the

7:33core of its philosophy where individual

7:35liberty is at the center now but earlier

7:38it was only about uh state control on

7:41the name of public good.

7:44Quickly move on to 1971 which is

7:47postindependence era and I take up

7:50medical termination of pregnancy act

7:521971.

7:54Now this is very uh important act that

7:57came out because it it came out with a

8:00background that there were many maternal

8:03mortality that was happening and due to

8:06unsafe abortion. So you come across this

8:11act which you can also say that it was

8:13shaped by eugenics debate population

8:16control and patriarchal norms. So there

8:18are researchers that are discussing this

8:21act in twofold. Some of course are

8:24talking about it in the in the space of

8:26unsafe abortion and maternal mortality

8:29but they are also talking about

8:31population control. What does it say? It

8:34says that up to 20 weeks termination can

8:37happen. Now

8:40this 20 weeks will be decided on the

8:43basis of how much of risk involves to

8:47the health of woman or fetal abnormality

8:51or in the case of rape, incest or

8:53contraceptive failure in a married

8:55woman. Married is important. Now when

9:00you think of this law, what did it do?

9:05It did not shift the

9:09or it did not give the right to abort to

9:13women. This was done by a authority.

9:18This was done by doctor. So the provider

9:22centric from the outset was in such a

9:26way where

9:28whatever be

9:30the stigma persisted and adolescent

9:34access remained complicated by

9:36overlapping laws a tension that has yet

9:38not been resolved. So with reproductive

9:41rights we see a story of slow

9:43incremental progress real gains but

9:47persistent structural barriers. Let us

9:49shift to a different kind of

9:51vulnerability. The vulnerability of old

9:54age. So when you think of medical

9:59termination pregnancy act 2021, it

10:02changed the whole situation. What does

10:06this mean? That in 2021 a very

10:09progressive law or a very progressive

10:12amendment was made to original 1971 act.

10:17In this the gastational limit was

10:19exceeded to 24 weeks and it included

10:24rape survivors, minors, widows,

10:26divorces, mentally ill women and

10:29humanitarian emergencies. This was quite

10:33an extension because earlier it was 20

10:36weeks, now it became 24 weeks. 1 month

10:40is a lot of time. So uh the gastational

10:43limit extension was a very progressive

10:46move. Additionally, beyond 24 weeks,

10:50state medical board may still permit for

10:53severe fetal abnormalities. This was

10:55again something which was a very welcome

10:58change. This had to be done with the

11:01second medical opinion being removed up

11:03for the 20 weeks. And what it did it

11:06primarily reduced the delay and also

11:09cost. Now if you look at this whole

11:14amendment you find that the the

11:18contraceptive failure ground extended to

11:20any women not just married was the most

11:24progressive law because at the same time

11:27Roi Wade was upturned and India was seen

11:31uh in direct contrast to USA where India

11:35had made such a uh progressive shift in

11:38medical termination of pregnancy

11:39amendment act and led women a lot of

11:43autonomy when it came to their

11:44reproductive rights. So confidentiality

11:47was strengthened and identity protected

11:49except by court order. So you still find

11:53I mean some kind of gap there is stigma

11:56but still on legally and for women who

12:01were in dire need of it was a

12:03progressive move.

12:06The second uh

12:08act that I want to discuss is

12:10maintenance and welfare of parents and

12:12senior citizens act 2007.

12:15And why do you think it is important in

12:17the context of India? It is just

12:19important in the context of anyone. But

12:21in the context of India, it becomes all

12:23the more important. Why? Because we are

12:25a community-based living. You will know

12:28what your neighbors are doing. We are we

12:31come from system of families where joint

12:33families existed. uh where uh we stay

12:36with our parents. So in that sense what

12:39is it why did law had to intervene

12:42because there was so much of uh

12:45negligence that was happening. So the

12:48maintenance and welfare of parents and

12:50senior citizens act of 2007 why was it

12:54needed is the first question. It was

12:56needed because India was changing

12:58rapidly. urbanization, migration and

13:01nuclear families. All of these were

13:04weakening the traditional joint family

13:06structure and had historically been the

13:08primary source of care for elderly

13:10persons. And what was filling that

13:12vacuum? In many cases, nothing. Elder

13:16neglect was rising and the law responded

13:19by making the maintenance of parents a

13:21legal obligation. District level

13:23tribunals were established and

13:26abandonment was made a punishable

13:28offense.

13:29Old age homes were mandated in every

13:31district. But the implementation

13:34still we find it a little weak. But

13:38we see that this law focuses on

13:41financial maintenance, not holistic

13:44well-being. Notice how this law sits

13:47with what we call the welfare era on our

13:50table. The state is stepping in where

13:53families fail but it is not still the

13:57fully right based framework. The

14:00individual elder is not yet the

14:02rightbearing subject at the center of

14:04the law. And therefore we think of this

14:09whole situation this whole act emerging

14:12more clearly as we move further in the

14:15timeline.

14:18Juvenile justice uh is the third law

14:21that we should be discussing today. And

14:23in this juvenile justice act, this was

14:26shaped by a very historical uh moment.

14:30The public outrage that happened uh in

14:332012 after the Nirha or the Delhi gang

14:36rape case in which one of the accused

14:39was a juvenile. The law defines two

14:41categories. children in conflict with

14:44the law and children in need of care and

14:47protection. One of its most contested

14:50provisions is that juveniles between 16

14:52and 18 years of age accused of heous

14:55offenses can now be tried as adults

14:58after assessment by a juvenile justice

15:00board. This provision raises profound

15:02questions that sit right at the

15:04intersection of law and medical

15:06humanities. What do we know about

15:08adolescent brain development? At what

15:11age does a young person truly understand

15:14the consequence of their actions? Is

15:16punishment or rehabilitation more

15:19effective and more just? The law also

15:22has important implications for

15:24reproductive health. overlapping laws

15:27like the protection of child from sexual

15:29offenses act complicate adolescent

15:32access to reproductive health care in

15:33significant ways creating a gap that

15:36connects directly back to what we

15:38discussed about the medical termination

15:39of pregnancy act.

15:42Now we see that the juvenile justice act

15:46grapples with the rights of children in

15:48the justice system. Our next act that we

15:51discuss is much broader more affirmative

15:53approach to rights for an entirely

15:56different group. Let us look at now

15:58rights of persons with disabilities act

16:012016.

16:02If you look at this particular act, this

16:05was replaced by the 1995

16:09act. the 1995 act that got changed into

16:14right of persons with disabilities act

16:17and it aligned itself with the United

16:19Nations conventions on the right of

16:22persons with disabilities. So again um

16:24the emphasis was that anyone even a

16:29person living with disability had the

16:31right to good health and therefore the

16:35welfare based model was changed to right

16:37based model. The criterias for

16:40disability also were increased from 7 to

16:4421. You can see on your screen

16:48it included then acid attack survivors,

16:51Parkinson disease, thalismia,

16:53hemophilia,

16:55cickle cell disease and many others. So

16:58you find that in not only the range of

17:02what was what you can call disabled was

17:05increased but the cre provisions also

17:07were changed. What were some of the

17:09changes? 5% reservation in government

17:12jobs and higher education. Free

17:14education for children with benchmark

17:16disabilities up to age 18. Limited

17:19guardianship which means that they

17:21preserve legal capacity and autonomy and

17:24penalty for right. Somebody who is not

17:26following there was a penalty.

17:28However, we still come across cases in

17:32which stigma, rural access gap and

17:35fragmented services hinder the

17:37implementation which means that there

17:40has been guidelines about

17:41infrastructural changes that allows

17:45accessibility to anyone who is uh

17:48disabled. But in I mean in in India

17:53infrastructure is a major issue. So you

17:56cannot really guarantee. So while there

17:59is a law the implementation finds itself

18:03struggling in the absence of right kind

18:06of infrastructure number one and

18:09societal perception number two. The core

18:12shift again is from the medical deficit

18:15model to social right based model. Which

18:18means that even if there is a physical

18:21disability, it should not happen that

18:24somebody is not having a basic human

18:28right to live in a state of well-being.

18:33This is uh the most uh iconic act as I

18:37said earlier also which is called the

18:39mental healthcare act 2017. and it

18:42replaced the the 1987 act and again uh

18:46it got into its spectrum the right based

18:50approach and aligned it with United

18:52Nations conventions on the rights of

18:54persons with disabilities and world

18:56health organization standards. So if you

18:58look at uh this particular act you will

19:01find that this act the 2017 act is fully

19:05rightsbased aligned with international

19:08standards. Every person now has the

19:11right to access government mental health

19:14care. What does this means? That

19:17patients can make advanced directives.

19:20Advanced directives means that they can

19:22appoint a nominated representative.

19:25In this patients specify treatment

19:29preferences and have the decision making

19:32support like not only they are making

19:35decisions but how they will respond to a

19:38particular kind of clinical

19:39prescription. All this is part of uh

19:43their rights. It decriminalizes attempt

19:47to suicide. I mean under the old section

19:50309 of the Indian Penal Code, a person

19:53who survived a suicide attempt could be

19:55prosecuted. Think about that for a

19:58moment. The 2017 act says this person is

20:02under severe stress, needs care, not

20:05punishment. The act also bans

20:08electrocomvulsive therapy without

20:10anesthesia, bans it for minors, mandates

20:13mental health review boards in every

20:14state and requires insurance parity. Now

20:18this is a very remarkable document in my

20:21opinion and even medical humanities

20:23recognizes this as a major shift and you

20:26will find so many reflections of this

20:29particular act in films that I will

20:30discuss later on. If you look at this a

20:34little more, what it did, it specially

20:37safeguards children and adolescent. Now

20:41you know we are living in a very

20:43difficult or very different time so to

20:46say where there are so many inputs. In

20:49that sense this particular act

20:51safeguards children and adolescent

20:54because they are not completely mature

20:56enough to understand what is happening

20:59uh when something is happening to their

21:02mind. Uh and when I say this does not

21:05only mean clinically but also in terms

21:07of stress and anxiety.

21:10This uh also uh means that clinicians

21:13face what the literature calls moral

21:15injury. the distress of knowing what the

21:18law requires and being unable to deliver

21:21it. When you have one psychiatrist for

21:24several hundreds and thousands of

21:26people, the gap between the law promise

21:29and what can be delivered is enormous.

21:32And therefore, the stigma, the oldest

21:35and most persistent enemy of mental

21:37health care continues to undermine

21:39implementation at every level. So we

21:42have you know we have to think about a

21:45situation an awareness and all these

21:49stories and films we come across

21:51actually

21:53help us in being one of the sort of

21:57agents uh to

22:01address the social stigma that is around

22:03mental health care. Now that we have uh

22:06addressed

22:08all the six acts, let us come to what I

22:11called the ethical dimension across the

22:13legislation. Now if you look at the

22:17whole situation where a patient doctor

22:19communication is taking place. I did say

22:21that it is also ethical space. It is a

22:24legal space and it is a social space.

22:27How does ethics blend with the legal

22:30aspect? You find that it is autonomy

22:33versus authority. What is the right of

22:35the patient? Whereas what how does the

22:39law come into picture? So it is the

22:42provider and parental authority that

22:44continues to limit patient and uh

22:46adolescent autonomy. The second is

22:49between individual versus family. Again

22:52right based laws restrict surrogate

22:54family decision-m creating cultural

22:57tension. The third is about stigma.

23:00Again it persists around mental health,

23:02disability and reproductive rights

23:04context. All these laws that I have

23:07discussed today the six all of them I

23:09mean they have been uh very instrumental

23:12and I just discussed one colonial act

23:14only to make you show the arc that has

23:18moved uh from the state control to right

23:21based

23:23state control to right based approach

23:25that we are into now. the moral injury

23:27part which in which clinicians face

23:30distrust when legal mandates exceed

23:33available resources. So in the absence

23:36of resources how how does a patient be

23:40taken care of? This is also something

23:43that the you know the law uh takes into

23:47consideration because there is law but

23:49how do you do it and then we also think

23:53of the provider centric culture because

23:55medical termination of pregnancy act

23:57amendments have not fully shifted the

23:59power to women. The autonomy still lies

24:02with the family, lies with others and

24:05not just the woman who is the person who

24:09should be making the reproductive uh

24:12choice. And finally, when you think of

24:15the epidemics act, it still embodies

24:18coercive governance where you think of

24:21it uh in the stark contrast to newer

24:24rights affirming. So it it was only in

24:27COVID 19 2020 that the shift took place

24:32in terms of its change but otherwise it

24:34was very much there was no need. So when

24:37you think about ethical dimension, law

24:39does not exist independent of society.

24:43But there is an ethical dimension to it

24:46is also something that we have to take

24:48care of. And when you start analyzing

24:50the text, the literary and the cinematic

24:52text that we will do, we will also come

24:54across this aspect.

24:57In uh in conclusion, I can say that all

25:00these six acts trace a clear arc. So

25:05from colonial coercion to paternalism to

25:09welfare to right based care. So the laws

25:12have shifted in that arc is something

25:15that I wanted to point out. Each act

25:18mark society's reckoning with the

25:20marginalized group whether it is women,

25:22the elderly, the children, the person

25:24with disabilities or the mental health.

25:27So I picked up different domains uh or

25:30different categories of people existing

25:33so that I can talk about law in

25:36different directions. uh the right based

25:39framework now dominates. But of course

25:42all these laws have to be implemented in

25:44society. And we find that despite the

25:46best of intent still the implementation

25:49is slightly lacking behind in which the

25:52cinematic and cultural narratives or any

25:54kind of narratives storytelling plays a

25:57vital role. And hence I discuss these

25:59law as well before discussing the

26:02narratives that I will be discussing in

26:04later course of time. And for health

26:07care professionals, knowledge of these

26:08laws is foundational to becoming

26:11ethical, compassionate and have a lawful

26:14practice. Way forward is policy reform,

26:17legal literacy, interdisciplinary

26:19research, genuine integration of medical

26:22humanities in medical education. So

26:25there are lot of shifts that are

26:27happening and these six laws I just

26:29wanted you to know so that it's easier

26:32for you to trace

26:36the historical background when I discuss

26:39the reflections of these in the literary

26:41text. As a final uh lecture of this

26:44module in the next lecture I will

26:47discuss how covid-19

26:50changed the gaze in which we looked at

26:52medical humanities. On that note, thank

26:54you so much. I'll I'll see you in the

26:56next lecture.

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