Theme: COVID-19

No, stores do not need a drug license to sell hand sanitizers. Initially, the sale of hand sanitizers was restricted exclusively to dealers having drug license, thus, mostly chemists and medical shops(( Section 18(c), Drugs and Cosmetics Act, 1940.)). However, the Ministry of Health and Family Welfare issued a notification that requested the Centre to include ‘hand sanitiser’ in Schedule K of the Drugs and Cosmetic Rules, 1945 (exempted drugs). The Central Government classified this as a ‘necessity’, removing the need to get a license to sell hand sanitizers. Currently, hand sanitizers and antiseptic lotions fall under the category of disinfectants(( Reckitt Benckiser v. State of Kerala, 2010; Vijayakumar and Others v. Drug Inspector, 2005. )) and thus, exempted from the provisions of Sec. 18 of Drugs and Cosmetics Act.

Government officials cannot force you to take the Covid-19 vaccine or file an FIR against you for refusing to do so. If someone forces you to take the vaccine, it is a violation of your right to privacy and bodily integrity, and you can file a writ petition against this in the High Court/Supreme Court.

Currently, it is not a crime to refuse vaccination. However, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 give the government large powers to take whatever action necessary for preventing the spread of a disease. So, the government can use these powers to make vaccination compulsory in the future.

Please note that while no one can force you to take the vaccine, you still need to follow the Covid-19 norms like the lockdown/curfew rules. If you intentionally do any unlawful or negligent act which is likely to spread the infection of any life-threatening disease, the punishment is jail time of up to six months and/or a fine.

Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

The Ministry of AYUSH (The Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha, Sowa-Rigpa and Homoeopathy) had issued a circular in March 2020(( https://www.ayush.gov.in/docs/CCRH-%20Revised%20Guidelines%20for%20Homoeopathy%20Practitioners%20for%20Prophylaxis%20and%20Symptomatic%20Management%20of%20COVID-19%20Patients%20in%20Home%20Isolation.pdf)), authorising the use of certain medicines for symptom management and preventive measures for Covid-19 like illnesses. Thus, a qualified homoeopathic physician can dispense preventive and prophylactic homoeopathic medicines for Covid-19. It was also held that they are permitted to prescribe add-on medicines authorized by the guidelines and with the approval of the concerned authorities and the consent of the patient or guardian of the patient.

The Kerala High Court(( Read more at: https://www.livelaw.in/news-updates/kerala-high-court-covid-19-patients-preventive-medicines-175441.)) ruled that qualified homeopathic doctors can prescribe preventative and add-on medicines to conventional care for Covid-19 patients as there is no prohibition imposed by the Government of India on Homoeopathy for treatment of patients.

The following guidelines have been issued by the MoHFW (Ministry of Health and Family Welfare)(( https://dghs.gov.in/WriteReadData/Orders/202106090336333932408DteGHSComprehensiveGuidelinesforManagementofCOVID-19inCHILDREN_9June2021.pdf)):

Children aged 5 years and under are not be required to wear masks

Children aged 6-11 years may wear a mask depending on the ability of child to use a mask safely and appropriately under direct supervision of parents/guardians.

Children aged 12 years and over should wear a mask under the same conditions as adults.

If someone is sharing fake news, you can file a complaint against them with the police. There are several punishments they may face depending on the nature of the crime. For example, making up and sharing fake news on Covid-19 through Whatsapp can result in a person being punished under the law. A person can be punished for:

I.) Crime

Publishing or circulating any statement, rumour or report which is likely to cause fear or alarm to the public

Law

Section 505(1) of the Indian Penal Code, 1860

Punishment

The punishment is jail time of up to 3 years and/or a fine.

II.) Crime

False alarm or warning regarding a disaster or its severity, leading to panic

Law

Section 54 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 1 year or a fine.

III.) Crime

Making a false claim for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to a disaster

Law

Section 52 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 2 years and a fine.

IV.) Crime

Forwarding fake news

Law

Section 54 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 1 year or a fine.

There are many sources of false information on Covid-19. For reliable information, you can use the following the sources:

• World Health Organization
• Ministry of Health and Family Welfare
• Information available on a State government website is also an authentic source of information. For example, Delhi’s Department of Health website.

Though there aren’t any official guidelines regarding child custody during the pandemic, the Supreme Court has held that parents having visitation rights can contact their children through electronic means during the Covid-19 lockdown, instead of visiting them physically.(( https://www.ndtv.com/india-news/coronavirus-supreme-court-says-parents-with-visitation-rights-can-contact-children-via-video-2221359))

A will is a legal document through which a person decides how their property and other assets will be distributed and allocated after their death. It can be made by the person themselves (called the testator) or by a lawyer acting on the instructions of the testator.

A will can be made by a person of sound mind, over the age of 18, at any point in their lifetime. For a will to be valid:

The testator should sign or affix their mark on the will, for example thumb impression.

The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.

The witnesses should not be beneficiaries under the will, that is, someone who is being given property or other assets under that will.

• The document should specify that:
• it is the last will executed by the testator
• it is made and consented to by the testator with free will
• It is made in a sound state of mind
• It will come into force after the death of the testator
• it is revocable at any time according to the testator’s wishes.

The will should list down the properties and assets, both tangible and intangible, owned by the testator, in the form of a schedule annexed to it. The will should include the details of the family members or other persons among whom the property is being distributed. The will should state the name of the executor (the person/institution who is the legal representative responsible for carrying out the distribution of assets of the testator), with the details of their age and address, along with the executor’s relationship to the testator. The properties are to be bequeathed to each person according to the will of the testator correlating clearly with the item numbers mentioned against the property in the schedule annexed. Finally, the signature of the testator along with the date and place of the execution of the will should be specified.

The Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19 is an insurance scheme which provides coverage to public and private healthcare workers in case of loss of life or accidental death due to Covid-19 related work. The Scheme provides insurance cover of Rs. 50,00,000 to health care providers, including private hospital staff who are requisitioned/drafted for COVID-19 related responsibilities. With effect from 24 April 2021, the Government has extended the Scheme for a further 180 days.

To avail the Scheme, the claimant must submit the following documents:

1. Claim form duly filled and signed by the nominee/claimant
2. Identity proof of Deceased (Certified copy)
3. Identity proof of the Claimant (Certified copy)
4. Proof of relationship between the Deceased and the Claimant (Certified copy)
5. Laboratory Report certifying having tested Positive for COVID-19 (in Original or Certified copy)
6. Death summary by the Hospital where death occurred (in case death occurred in hospital) (Certified copy)
7. Death Certificate (in Original)
8. Certificate by the Healthcare Institution or organization that the deceased was an employee of and was deployed/drafted for care and may have come in direct contact of the COVID-19 patient.

The claimant must fill up the form, and submit the form along with the above mentioned documents to the Healthcare Institution. The respective institution will give necessary certification and forward it to the competent authority authorized by the State Government for this purpose.

If there is a claim, the claimant must inform the institution/department the insured person was working for as well as the insurance company (Email id nia.312000@newindia.co.in). Please see this FAQ document on the Insurance Scheme here for more information.

A person can report cyber crime and online abuse to the following authorities:

Police

The person can go to the police station to complain about the cyber crime or the online abuse they have faced, and file a FIR. While filing the complaint, they have to provide information relating to the incident and the abuse that they have faced.

Cyber Cell

Every State has a cyber cell and some police stations also have a unit assigned to work on cyber crimes. These cyber cells and units investigate cases of online abuse such as online stalking, hacking etc. In many states, a person can also file a complaint online through the website of the cyber cell. For example, for Delhi, the complaint can be lodged here: http://www.cybercelldelhi.in/Report.html.

Online Complaint Portals

Online Crime Reporting Portal: A person can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal at https://digitalpolice.gov.in. where they may be redirected to their respective state government’s website to register a complaint. They can register a complaint in the section “Services for Citizens” and click on “Report a Cyber Crime”, where they can provide information about the offender and the incident along with any other supporting evidence such as screenshots. A person can report anonymously, and can track their application as well.

Cyber Crime Reporting Portal: A person can also directly file a complaint on the Cyber Crime Reporting Portal, and can complain against various cybercrimes by selecting ‘Report Cyber Crime Related to Women and Child’ or ‘Report Other Cyber Crime’. Here also, complaints can be made anonymously, and the person can track their complaint.(( Nyaaya.org, accessed at: https://nyaaya.org/violence-and-abuse/reporting-online-abuse/#:~:text=You%20can%20also%20directly%20file,’Report%20Other%20Cyber%20Crime‘.))

The government has issued guidelines making it mandatory for all employers who resume functioning post the COVID-19 lockdown to provide medical insurance to their employees. In addition, the Insurance Regulatory and Development Authority of India (IRDAI) has asked all general and standalone health insurers to offer comprehensive health insurance policies either to individuals or groups in order to enable workplaces/employers to comply with the government directives. The IRDAI also specified that this health insurance cover is not restricted only to the lockdown period and employers can take an insurance cover for a longer period such as a full year, like an annual policy renewed every year by the employer(( https://economictimes.indiatimes.com/wealth/insure/health-insurance/post-lockdown-employers-must-mandatorily-provide-medical-insurance-to-employees/articleshow/75263595.cms?from=mdr; https://www.irdai.gov.in/admincms/cms/whatsNew_Layout.aspx?page=PageNo4100&flag=1)).

In addition to this, medical insurance is also available to employees under the Employees’ State Insurance (ESI Act), 1948 to those organised sector employees whose monthly wage is Rs 21,000 or less. A person insured under the ESI Act is entitled to various benefits such as sickness benefit, maternity benefit (where applicable), disability benefit, medical benefit etc. The medical benefits include an insurance cover for out-patient treatment and attending physician in a hospital, dispensary, clinic, or in-patient treatment in a hospital or a doctor’s visit to the home of the insured. Both the employer and employee contribute to the Employee State Insurance Corporation (ESIC).