RESEARCH ARTICLE: Adolescent abortions in the Covid-19 landscape: Exposing the legal Achilles' heel.

The law ought to ensure that reproductive health services are accessible to all persons - married or unmarried - without subjecting them to heightened scrutiny or procedural requirements. However, the intersection of various laws and their impact on the willingness of medical professionals to offer abortion and reproductive health services to adolescents makes timely, safe, and affordable abortions difficult for adolescents to obtain. This challenge is exacerbated by a lack of public healthcare facilities, particularly in rural areas, and the overall restricted access to healthcare services during the Covid-19 pandemic. We delve into how legal uncertainties and gaps in multiple legislations pose obstacles for adolescents seeking abortion services, particularly in consensual sexual relationships. We specifically examine the unintended barriers stemming from the Protection of Children from Sexual Offences Act, 2012 (POCSO), which categorises consensual sexual relationships among adolescents as sexual offences without recognising their evolving sexual autonomy. Notably, POCSO includes a mandatory reporting provision, compelling the reporting of all sexual offences involving a "child" to law enforcement. This complexity is further compounded by the requirement for third-party authorisation for abortion by medical boards. The Indian courts, in rendering inconsistent, moralistic, and biased judgments on adolescent access to abortion services during the Covid-19 pandemic, contributed to the complexities.

Regulation of Digital Healthcare in India: Ethical and Legal Challenges.

In the wake of the COVID-19 pandemic, digital healthcare has gained an influx of interest and global investment. The WHO has published guidelines and recommendations for countries to successfully implement telemedicine on a large, nationwide scale. This is not only helpful for patients who wish to protect themselves from COVID-19 and related illnesses that they may be vulnerable to, but it also has great potential to increase access to healthcare. In India, a country without universal healthcare grappling with a high level of distrust in the public health system, there are several implementation challenges for digital healthcare across the country. The current laws in India that regulate technology do not explicitly address telehealth, nor are there adequate data protection laws in place that could manage the significant amount of data that would be generated by digital healthcare if applied on a large scale. Further, there are concerns at the level of patient privacy, which could be compromised through digital healthcare. In addition to the legal concerns surrounding privacy, there is no framework in place to ensure informed consent in a digital healthcare context. In this paper, I analyze the legal, structural, and ethical concerns around digital health and provide an understanding of the problems these shortcomings pose, as well as policy recommendations for overcoming these problems.

Right to Health and Gender-Affirmative Procedure in the Transgender Persons Act 2019 in India.

The Transgender Persons Act, 2019 mandates that the government ensures medical facilities provide care to transgender persons (including for gender-affirmative procedures) and review medical curricula to address the health needs of transgender persons. However, despite the enactment of the law, many transgender and gender-variant persons in India struggle to access essential health care services. Legal provisions on health care strip them of their right to self-determination by setting up complex bureaucratic processes for the legal recognition of gender identity. In this article, I critically examine the health care provisions in the Act and the lack of efficient legal criteria for gender-affirming procedures, as well as the basic flaws in the medicalized model of legal recognition of trans persons' gender identity, which not only characterize the Act but also have serious implications for its implementation across the country.

Medical abortion through telehealth in India: a critical perspective.

The COVID-19 pandemic and nationwide lockdowns have significantly impacted access to abortions for millions of people in India. One of the proposed solutions to address the inaccessibility of abortion services is the use of teleconsultation or "telemedicine" where pregnant persons consult with Registered Medical Practitioners (RMPs) over voice or video calls. The RMPs then prescribe the necessary medication electronically. However, telehealth services bring their own set of social and legal challenges. Although they can allow for greater access to medical abortions, especially in situations where pregnant persons are unable to opt for in-person medical care, it is important to note that telemedicine is not a one-stop solution for lack of access to timely, affordable abortions. This is particularly due to the structural barriers of caste, class, religion, gender, and disability that impede access to healthcare services. In this article, we examine the need for telehealth services in India as a means of increasing access to medical abortion services and the structural barriers that prevent it from being an effective and equitable solution for all.

Conflicting abortion laws in India: Unintended barriers to safe abortion for adolescent girls.

This article examines the laws related to abortion in India, demonstrating how conflicting laws create unintended barriers to safe abortion for adolescent girls. It focuses specifically on the situation of adolescent girls seeking abortion, showcasing the unintended consequences that arise from the existing lack of clarity in the legal regime. The article also discusses the recommendations of the Committee on the Rights of the Child and the United Nations' Convention on the Rights of the Child.

An exploration of compulsory licensing as an effective policy tool for antiretroviral drugs in India.

Access to affordable drugs for the treatment of HIV/AIDS and other diseases is increasingly challenging in many developing countries such as Brazil, South Africa, and India. These challenges are in part the result of strengthened patent laws mandated by the 1994 Trade-Related Aspects of Intellectual Property Rights (TRIPS) treaty. However, there are underutilized instruments within TRIPS that governments can use to limit the adverse effects of patent protection and thereby ensure a supply of affordable generic drugs to their people. One such instrument is compulsory licensing, which allows generic manufacturers to produce pharmaceutical products that are currently subject to patent protection. Compulsory licensing has been used by a number of countries in the last few years, including the United States, Canada, Indonesia, Malaysia, Brazil, and Thailand, and is particularly significant for countries such as India, where large numbers of people are infected with HIV. This Article explores the feasibility of compulsory licensing as a tool to facilitate access to essential medicines within the current patent regime in India, drawing on the experiences of other countries.