subsidiary
legislation in stipulating in the requisite
prescribed form that the doctor concerned shall inform the
patient of his right to be brought before a judge or
magistrate.. But this is not enough, for such a proposal is
not likely to be effective because the patient may be a
mentally retarded person or indeed he may even be insane;
it would then be pointless for the doctor to put such a
question to him. As an additional safeguard and in order
to make the present proposal meaningful, I would suggest
that the relevant question be only put to the patient in
the presence of a
of a relative or if such relative cannot be
found (for example as in the case of a street sleeper),
And then this be
then in the presence of a social worker.
catered for in the prescribed form. Sir, my proposal will
not only ensure that the right to be heard can be
safeguarded in the interest of the patient, but it will
also afford protection to the doctor concerned because he
will have a witness who is of sound mind to back him up if
there be a subsequent dispute that the question has not
been asked of the patient.
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