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Journal of Indian Academy of Forensic Medicine
Year : 2007, Volume : 29, Issue : 2
First page : ( 80) Last page : ( 85)
Print ISSN : 0971-0973.

Age of consent in medical profession: A food for thought

Dr. Yadav Mukesh, M.B.B.S., M.D., LL.B., PGDHRProfessor & HOD

Forensic Medicine & Toxicology Muzaffarnagar Medical College, Muzaffarnagar, U.P. E-mail: drmukesh65@yahoo.co.in

Abstract

The concept of ‘consent’ comes from the ethical issue of respect for individual dignity as well as right to self determination. Indian Constitution covers issue of consent under Article 21 dealing with right to life with dignity. In law, the tort of battery is defined as ‘Application of force to the person of another without lawful justification’ and there in lies the essence of requirement of consent for any medical treatment. Consent has been defined to mean “voluntary agreement, compliance, or permission for a specified act or purpose”. [1]

This paper deals with review of literature on the issue of ‘age of consent’ in medical profession, Civil and Criminal Laws in India, judicial pronouncements, medical literature, etc. some textbooks mentioned age of consent as 12 years and others 18 years, while others used the words like: major, adult, minor, child and guardian, etc. author has made a sincere effort to reach at a consensus about the age of consent in medical profession.

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Key Words

Age, Consent, Major, Adult, Minor, Child, Guardian, Medical Profession.

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