The CLE Approach To Healthcare Laws & Patient Rights

In 2024, A couple approached the Delhi High Court for the purpose of retrieving their deceased son’s cryopreserved sperm and using it for surrogacy. More than the legal question involved, The Court was in a moral and ethical dilemma on whether posthumous reproduction should be allowed and whether the parents have a right of property over such gametes. This example highlights the very issue with respect to a theory centric learning in understanding the complexities of health law.

Health law lies at this very intersection of law, ethics, morality and philosophy and healthcare sector in India has undergone significant growth through the advancement in technology with ever evolving challenges. Their applications range from forensics, DNA databases, application of AI, Big data and personalised medicine, reprogenetics etc. Moreover there is a significant ‘pacing problem’ in the regulation of such technological impacts in the public health and health care sector where there are divergent views on safety, ethical and legal issues.

Clinical Legal Education (CLE) bridges this gap that exists between the theory and legal practice. In the 5 year LLB Course at Vinayaka Mission’s Law School, the students will be equipped to demonstrate the ability of thinking like a lawyer in identifying the liabilities of different stakeholders like State, Hospitals, Doctors and patients’ rights through real life case studies and seminars. The students will be able to comprehend the regulatory framework protecting the rights of all stakeholders to have holistic development of the sector through a human rights perspective.

Through the clinical legal education, students will be prepared to practice, engage with the clients and provide a well rounded information This will help the students to provide appropriate legal counsel as they themselves will have normative understanding of all concepts in health law. The course is founded in providing students with extensive knowledge in national and international research so as to be acquainted with bioethics and its intersection with law. Through seminars and presentations, the programme proves essential in honing the legal skills of the students in advocacy, drafting and documentation.

Through our Legal Aid Clinic and Centre for Access to Justice, law students will have an opportunity of meeting with people in legal aid where they can gain deep understanding of the social justice issues plaguing the Indian society and primal question of access to health care. This will expose the students to different ethical dilemmas where they will be coached to navigate the professional responsibilities and challenges upholding the sanctity of the profession. Through courtroom exercises and client counselling, a system of professional training is developed at VMlS which enhances their career opportunities in the field of health law. Through CLE we are aiming to mold a generation of lawyers who are equipped with knowledge, passion and focus exhibiting commitment in ensuring socio economic justice.