Theme: COVID-19

The Code on Social Security, 2020, provides social security benefits to all unorganised workers including domestic workers. The law lays down the institution of many social security schemes, for example, life and disability cover, health and maternity benefits, and old age protection.

Central government schemes like Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Pradhan Mantri Suraksha Bima Yojana (PMSBY), Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) provide social security cover to all the unorganised workers including domestic workers with respect to life/ disability cover and insurance and pension, while Ayushman Bharat (PMJAY) provides secondary and tertiary health benefits to all unorganized workers including eligible domestic workers.

Currently, the Ministry of Labour & Employment is in the process of developing a comprehensive National Database of Unorganized Workers (NDUW) to collect relevant information of unorganized workers including domestic workers, in order to help in delivery of various social security and welfare schemes being implemented for them.(( Press Release, Ministry of Labour and Employment, accessed at: https://pib.gov.in/PressReleasePage.aspx?PRID=1707226.))

In most of the country, the state is not doing door-to-door vaccination currently. Recently, the Central government informed the Supreme Court that door-to-door vaccination is not possible.(( https://timesofindia.indiatimes.com/india/centre-not-in-favour-of-door-to-door-vaccine/articleshow/82869985.cms)) However, the Bombay High Court, in the case of Dhruti Kapadia v. Union of India(( Dhruti Kapadia v. Union of India, 2021 S.C.C. OnLine Bom. 659.)), asked the Central government to rethink its vaccination strategy. The Bombay HC said that it will allow door-to-door vaccination at least for citizens above 75 years of age, those who are bed-ridden, and the differently abled(( https://www.scconline.com/blog/post/2021/04/23/door-to-door-vaccination/)). The Central Government however, gave reasons as to why door-to-door vaccination cannot happen, including the risk of getting Covid-19 infection among vaccinators and mobilizers, and exposure of healthcare personnel and frontline health workers, and security issues.(( https://www.livelaw.in/top-stories/near-to-door-more-appropriate-door-to-door-vaccination-centre-tells-bombay-high-court-175404)) Currently, this case is still being heard by the Bombay HC.(( https://www.livelaw.in/top-stories/near-to-door-more-appropriate-door-to-door-vaccination-centre-tells-bombay-high-court-175404))

Cities in some states have started issuing guidelines permitting door to door vaccinations. For instance:

The Greater Chennai Corporation has been working for door-step vaccination for persons with disabilities in the age group of 18 to 44 years.(( https://www.thehindu.com/news/cities/chennai/groups-working-for-differently-abled-take-stock-of-people-for-door-step-vaccination/article34633825.ece))

Kerala has started door-to-door vaccination for bed-ridden palliative care patients.(( https://www.youtube.com/watch?v=S_QfnJa_m2w.))

Experts advise that all efforts must be made to get both jabs of the vaccines from the same company.(( https://timesofindia.indiatimes.com/city/chennai/can-you-take-one-dose-of-covaxin-and-another-dose-of-covidshield/articleshow/82193029.cms)) This is because research is still going on to understand how getting the jab from two different manufacturers will affect the immune system.(( https://indianexpress.com/article/lifestyle/health/covid-19-second-vaccination-dose-different-manufacturer-vaccination-effects-7290836/.))

If you have just recovered from COVID-19, it is advised that you take your vaccine jab (first or second) after 3 months from your clinical recovery. This is as per the recommendations of the National Expert Group on Vaccine Administration for COVID-19(( Can be accessed at https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1722333 – date – 19th May, 2021 under the head ‘Ministry of Health and Family Welfare’ and sub head ‘New Recommendations of NEGVAC accepted by Union Ministry of Health’.)).

If you were infected with COVID-19 after the first jab of the vaccine, it is advised that you wait for 3 months after your clinical recovery to take the 2nd dose. This is as per the recommendations of the National Expert Group on Vaccine Administration for COVID-19.(( Can be accessed at https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1722333 – date – 19th May, 2021 under the head ‘Ministry of Health and Family Welfare’ and sub head ‘New Recommendations of NEGVAC accepted by Union Ministry of Health’.))

The Central Adoption Resource Authority (CARA) has issued the following guidelines for adoption during the pandemic(( http://cara.nic.in/PDF/Circular/Covid%20Advisory.pdf)):

Guidelines regarding children:

Avoid unwarranted physical contact with the child. Only primary caregivers should interact with the child while maintaining due precautions.

Coordinate the social investigation of the child over phone and emails, with only essential physical visits (if required).

Follow up on police reports through phone calls and emails.

Restrict visits to the Child Welfare Committee, and prefer virtual interactions.

Do not use social media platforms for declaring a child legally free for adoption. Communicate orders passed by the State governments or the State Adoption Resource Authority immediately to the designated recipient through emails.

Guidelines regarding parents:

Relax the timing for preparing the Home Study Report 1 month to 3 months. The social worker must conduct at least one physical visit for the Prospective Adoptive Parents’ (PAPs) home study report. However, most of the counselling and meetings will be done online.

Specialised Adoption Agencies should use the digital medical examination report module for completing the medical examination of children.

All information about the child for referral of the PAPs should be uploaded immediately on the CARINGS database. The Specialised Adoption Agency must immediately answer any queries asked by the PAPs.

Juvenile Justice Courts must try to fast track adoption cases, and to conduct the hearings online through video conferencing.

If you want to adopt or to know more information on the legal adoption procedure, read the Nyaaya explainer on ‘Adoption’.

No, mass burials or cremations are not legal in India. The National Human Rights Commission (NHRC) has upheld that the right to life, fair treatment and dignity, derived from the Constitution of India,(( Article 21, Constitution of India 1950.)) is not only limited to living persons but also extends to their dead bodies.(( Parmanand Katara v. Union of India, 1989 A.I.R. 2039.)) In response to several complaints about mishandling of dead bodies, the NHRC has issued an advisory notice to the Central and State governments to protect the rights and dignity of the dead(( Sparsh Upadhaya, ‘COVID Affected Dead Bodies’ Mishandling: “Duty Of The State Is To Protect Rights Of The Deceased”: NHRC To Centre, State Govts’, LiveLaw, 14 May 2021, accessed at: https://www.livelaw.in/news-updates/covid-affected-dead-bodies-mishandling-duty-of-the-state-is-to-protect-rights-of-the-deceased-nhrc-to-centre-state-govts-174159. )).

The NHRC also gave 11 recommendations to be implemented by the authorities for the handling of dead bodies with dignity. One of these recommendations specifically states that mass burial or cremations should not be allowed to take place, as they violate the right to dignity of the dead. Courts have also held that disposal of human bodies, whether by burial or cremation, should be done with due respect and solemnity.(( Vineet Ruia v. The Principal Secretary, Department of Health & Family Welfare, Govt. of West Bengal & ors., WP. 5479 of 2020.))

Currently, digital or electronic wills (wills that have been written, signed or attested via electronic medium) are prohibited by law(( Section 1(4), The Information Technology Act, 2000.)), and any testamentary disposition via online medium is not recognised by law.

Wills are a written legal document through which a person decides how their property and other assets would be distributed, allocated and spent after their death. It can be made by the person whose will is being made (called the testator) or by a lawyer on the instructions of the testator. For a Will to be valid(( Section 63, Indian Succession Act, 1925.)):

• 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.

If you want to read more on wills, see the Nyaaya explainer on Wills.

If you have recently lost a loved one due to COVID, who was insured under the Pradhan Mantri Jeevan Jyoti Beema Yojana (PMJJBY), you are eligible for claiming Rs. 2 lakh insurance amount. . This scheme is administered by the Life Insurance Corporation of India and other insurance companies, and is renewable on a yearly basis(( Economic Times, accessed at: https://economictimes.indiatimes.com/wealth/insure/all-about-pradhan-mantri-jeevan-jyoti-bima-yojana/articleshow/58907299.cms?from=mdr.)).

The policy is a one-year insurance term policy. If a person has succumbed to COVID and bought PMJJBY in the financial year 2020-2021, their nominee/heir can apply for a claim. The scheme offers Rs 2 lakh term insurance cover to bank holders aged between 18-50 years, and the annual payable premium is Rs. 330, if the claimant signed up between June and August(( Business Today, accessed at: https://www.businesstoday.in/money/insurance/lost-dear-one-to-covid-check-out-eligibility-for-rs-2-lakh-govt-insurance-claim/story/437886.html)).

To start the application process for the PMJJBY, you can do the following:

Step 1: Contact the bank where the deceased person is covered under the Yojana. A death certificate is necessary to claim the insurance amount.

Step 2: Keep all important documents ready including claim form, refund receipt, discharge receipt, etc.

Step 3: Send the filled out claim form, a receipt for discharge, death certificate along with a photocopy of the nominee’s canceled bank account and all the relevant bank details to the bank.