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Is there any law that can force wife into getting a medical treatment?


14-May-2023 (In Divorce Law)

Is there legally any way through which I can make my wife who is suffering from health related problems receive medical treatment? She is just not willing to go to a doctor which is having an adverse effect on her.

 

I have been taking care of her for the past 3 years. Is there any law that can force her into getting a medical treatment done?

 

Answers (1)

Answer #1
289 votes

Article 21 of the Indian Constitution gives an individual a right of self-determination and a right to refusal of medical treatment. Therefore, your wife being an adult, has the right to refuse treatment.

However, if you can prove that you wife is mentally incapable of taking rational decisions and that you should be allowed to take decisions on her behalf, then you can consent to the medical treatment.

A Doctor cannot treat a patient without a valid consent unless it is an emergency case where the consent can be dispensed with.

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