Indian Courts and Social Change: A Case Study of the Doctrine of Informed Consent in Medical Law and Ethics

The doctrine of informed consent in medical law andethics has a strong grounding in the principle of bodilyautonomy and self-determination of human beings. Thisemphasis on the freedom of every individual to decidewhat is best for his/her body and health has led to severalcontroversies in the area of medical law and ethics inIndia and abroad, especially in the United Kingdom.Being a legal and ethical doctrine, „informed consent‟ hasbeen discarded, accepted, modified and emulated byvarious judgments of courts. This paper will examine theingenuity of courts in bringing about social change byupholding patient autonomy and adopting the doctrine ofinformed consent in the UK. However, this doctrine hasbeen rejected by the Indian Supreme Court, citing thereason that Indian citizens are unprepared and illequippedto understand the complexities of medicaltreatment and procedures. This view, in the author‟sopinion, is a missed opportunity for the Indian SupremeCourt to bring about social change by upholding patientrights and autonomy.