The concept of consent for medical interference has undergone an attitudinal change as the society progresses in India and abroad as well. Indian Supreme Court has reiterated time and again that it is real consent not informed consent that is applicable in India. Yet, a change in the attitude is palpable even in the judicial arena. The fiduciary role of doctor in eliciting consent is alleged to have been misused in many cases. In an era when medical profession is largely commercialized and ethical standards are at stake, the responsibility of law is heavy in insisting candor on the part of the physician. This paper presents a comparative study of the legal position on informed consent in the US, the UK and other commonwealth jurisdictions. The paper highlights the need for legal measures on medical consent in India, ensuring disclosure of information by the doctor. The need for informed consent is established by analyzing the current socio-legal status in the health sector in India.

The patient is not just a group of symptoms, damaged organs and altered emotions. The patient is a human being, searching for relief, help and trust.1 In India, a majority of patients cannot comprehend medical terms, concepts, and treatment procedures. Whatever the doctor decides as being in their interest is usually unquestioningly accepted. They are passive, ignorant and uninvolved in treatment procedure, as observed by the Supreme Court in Samira Kohli vs. Dr. Prabha Manchanda and Anr2 in 2008. This decision settled the law on medical consent in India in these terms:

The nature and extent of information to be furnished by the doctor to the patient to secure the consent need not be of the stringent and high degree mentioned in Canterbury but should be of the extent which is accepted as normal and proper by a body of medical men skilled and experienced in the particular field. It will depend upon the physical and mental condition of the patient, the nature of treatment, and the risk and consequences attached to the treatment.

Law Review Journal, The ‘Real’ Road, Informed Consent, Future Perspective, Indian Law, Medical Consent Law in USA, Intricate Story, The District of Columbia Circuit Court, Story of Real Consent Law UK, Medical Consent.