Topic
Informed consent in Indian law requires voluntary, knowledgeable agreement before medical procedures, legal actions, or property transactions, particularly in contexts like healthcare, real estate, and criminal proceedings involving minors.
Meghalaya HC quashed POCSO proceedings after verifying the survivor’s informed consent and her welfare benefits, holding that consensual cohabitation with a child does not bar quashing if safeguards are met.
The Meghalaya High Court quashed a POCSO FIR against a husband after the adolescent couple married and had a child, applying the Wahlang framework to verify the survivor's informed consent and recognize matrilineal customs. The court mandated scheme benefits for the victim and child within eight weeks and ordered judicial monitoring to ensure compliance.
The NCDRC ruled that performing triple-vessel angioplasty in a single sitting does not constitute medical negligence if supported by expert opinion, clinically indicated, and performed with valid informed consent. This reinforces the Bolam Test’s applicability in consumer medical disputes, shielding qualified practitioners from liability when standards of care are met, even in high-risk procedures.
Bombay High Court rules that promoters must secure explicit informed consent from existing apartment owners under Section 7 of the Maharashtra Ownership Flats Act (MOFA), 1963, before undertaking structural alterations. The Court overturned a blanket injunction, permitting construction subject to undertakings to preserve amenities, reinforcing promoter obligations and buyer rights in real estate disputes.
Bombay High Court reinforces that developers must secure explicit consent from flat purchasers under Section 7 of the Maharashtra Ownership Flats Act 1963 before undertaking additional construction. The ruling protects housing societies from unilateral FSI exploitation and ensures statutory compliance in cooperative housing projects.
West Bengal State Consumer Disputes Redressal Commission holds a surgeon and clinic vicariously liable for ureter injury during hysterectomy due to lack of informed consent and delayed diagnosis. The ruling underscores the duty of medical professionals to disclose surgical risks and mandates Rs. 26.5 lakh compensation for consequential damages, setting a precedent for consumer protection in medical negligence cases.
Bombay High Court rules that cooperative societies can claim deemed conveyance only for land explicitly disclosed in the original agreement. Subsequent phases of development cannot extend rights over open spaces or undocumented areas, reinforcing the principle of informed consent in phased projects. This judgment impacts developers and societies in Maharashtra navigating MOFA compliance.
Bombay High Court grants anticipatory bail, ruling that mere allegations of forced abortion are insufficient without proof of absence of informed consent under Bharatiya Nyaya Sanhita. The judgment shifts the evidentiary burden to the prosecution, requiring corroborative evidence beyond the complainant's statement.
The Supreme Court quashed criminal proceedings against a surgeon, ruling that a consent form listing both orchidopexy and orchidectomy with a slash does not constitute forgery. The Court held that medical ethics and the absence of evidence of interpolation justified the procedure, reinforcing the threshold for abuse of process under Section 482 CrPC.
NCDRC rules that bowel perforation during hysterectomy is a known surgical risk and not negligence if promptly treated, dismissing a ₹1.25 crore compensation claim. The ruling reinforces that medical professionals are not liable for inherent procedural risks if managed with due care.
Meghalaya High Court holds that FIRs under the POCSO Act involving consensual adolescent relationships may be quashed under BNSS Section 528 if the victim’s informed consent, marital status, and child welfare considerations are independently verified. The ruling rejects rigid statutory application, emphasizing judicial discretion in cases where no coercion or exploitation is evident.