Mumbai University Solved Question Papers
Law and Medicine
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2013 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
Law and Medicine
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2013 Examination
munotes.in
Mumbai
First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2013 examination.
The questions below are the paper as the University of Mumbai set it at the Nov 2013 examination, in the order it was set.
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The questions in this volume are the questions asked at the Nov 2013 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1: Reply in two sentences
20 Marks - 2 marks each
Answer
The right of self-determination is the right of a competent adult to decide what is done to his or her own body. In medicine, the patient decides, not the doctor or the family. He may accept or refuse a test, an operation or a treatment. It is the root of the rules on consent, informed consent and informed refusal.
The classic statement is Justice Cardozo's in Schloendorff v. Society of New York Hospital (1914) 211 NY 125: "Every human being of adult years and sound mind has a right to determine what shall be done with his own body". The Supreme Court quoted it in Samira Kohli v. Dr. Prabha Manchanda, (2008) 2 SCC 1. A surgeon who operates without consent commits an assault.
In India the right is part of Article 21. Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 made privacy, including control over one's body and choices, a fundamental right. Jacob Puliyel v. Union of India, decided on 2 May 2022, held that no one can be forced to be vaccinated, and that personal autonomy includes "the right to refuse to undergo any medical treatment". The right is not absolute: a limit must be lawful, necessary and proportionate, for example to protect public health.
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