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Indian Journal of Law and Human Behavior 12(1):p 25-32, January-June 2026. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.12126.3
Review Article
Law in Black, Medicine in White: Black Letter Law and White Coat Profession in Indian Context: Exploring the Collision of Codified Statutes and Clinical Practice in India
Shri Gopal Kabra, Vivekanshu Verma
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Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
Indian Journal of Law and Human Behavior 12(1):p 25-32, January-June 2026. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.12126.3
How Cite This Article:
Shri Gopal Kabra, Vivekanshu Verma. Law in Black, Medicine in White: Black Letter Law and White Coat Profession in Indian Context: Exploring the Collision of Codified Statutes and Clinical Practice in India. Indian J Law Hum Behav 2026; 12(1): 25-32.Timeline
Received : March 03, 2026
Accepted : April 08, 2026
Published : June 30, 2026
Abstract
Background: The intersection of statutory law (“black letter law”) and medical practice (“white coat profession”) in India presents unique challenges. While law emphasizes codified rules and judicial precedent, medicine operates within ethical, clinical, and humanitarian frameworks. The tension between rigid legal interpretation and dynamic medical realities often leads to conflict in accountability, negligence claims, and patient rights. Objective: To critically examine how Indian jurisprudence interacts with medical practice, highlighting areas of convergence, conflict, and reform. The study aims to contextualize medicolegal accountability within India’s healthcare system and propose frameworks for balancing statutory rigidity with clinical discretion. Methods: A doctrinal and analytical approach is adopted, reviewing statutory provisions, case law, and regulatory guidelines. Comparative insights are drawn from international medicolegal frameworks, while Indian case studies illustrate practical implications. The analysis integrates perspectives from medical ethics, patient safety, and legal accountability. Results: Findings reveal systemic gaps in aligning legal standards with medical realities. Courts often rely on black letter law without adequate consideration of clinical complexities, leading to defensive medicine and practitioner vulnerability. Conversely, medical professionals sometimes underappreciate statutory obligations, resulting in breaches of patient rights. Emerging jurisprudence shows gradual movement toward harmonization, but inconsistencies remain. Conclusion: A balanced medicolegal framework in India requires judicial sensitivity to medical realities, statutory reforms to protect both patients and practitioners, and institutional mechanisms for compliance. Bridging law and medicine is essential to ensure justice, accountability, and compassionate care.
References
- 1. Laxman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole. AIR 1969 SC 128: (1969) 1 SCR 206.
- 2. Indian Medical Association v. V.P. Shantha. (1995) 6 SCC 651: AIR 1996 SC 550.
- 3. Achutrao Haribhau Khodwa v. State of Maharashtra. (1996) 2 SCC 634: AIR 1996 SC 2377.
- 4. Poonam Verma v. Ashwin Patel. (1996) 4 SCC 332: AIR 1996 SC 2111.
- 5. Samira Kohli v. Dr. Prabha Manchanda. (2008) 2 SCC 1: AIR 2008 SC 1389.
- 6. Kunal Saha v. AMRI Hospital. (2013) 9 SCC 422: (2014) 4 SCC (Civ) 270.
Data Sharing Statement
There are no additional data available. All raw data and code are available upon request.
Funding
This research received no funding.
Author Contributions
All authors contributed significantly to the work and approve its publication.
Ethics Declaration
This article does not involve any human or animal subjects, and therefore does not require ethics approval.
Acknowledgements
We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.
Conflicts of Interest
No conflicts of interest in this work.
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Cite this article
Shri Gopal Kabra, Vivekanshu Verma. Law in Black, Medicine in White: Black Letter Law and White Coat Profession in Indian Context: Exploring the Collision of Codified Statutes and Clinical Practice in India. Indian J Law Hum Behav 2026; 12(1): 25-32.
Licence:
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
| Received | Accepted | Published |
|---|---|---|
| March 03, 2026 | April 08, 2026 | June 30, 2026 |
DOI: https://doi.org/10.21088/ijlhb.2454.7107.12126.3
Keywords
Black letter lawWhite coat professionMedicolegal accountabilityMedical negligenceIndian jurisprudencePatient rightsHealthcare ethicsStatutory interpretationSearch for Similar Articles
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Timeline
| Received | March 03, 2026 |
| Accepted | April 08, 2026 |
| Published | June 30, 2026 |
licence
Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.
