Theme: Health & Environment

Health Laws

There are certain laws that relate to your legal rights as a patient and your fundamental rights around the medical  care you are entitled to. Watch our video interviews, where experts in these fields explain the laws and your rights in a simple, actionable manner.

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How can the guide help you?

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations. The guide clarifies legal aspects including what constitutes sexual harassment, remedies or safeguards available to the survivor, investigation procedure, punishments, etc.

The guide’s objective is to help survivors of sexual harassment secure a safe work environment and enable them to take action against sexual harassment by a colleague, visitor, or anyone else at a workplace.

 

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What is Noise Pollution?

Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution((Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 )) as well as a public nuisance((Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 )). Noise at such levels may be injurious to human beings, living creatures, plants, property and the environment((Central Pollution Control Board, WHO Guidelines for Noise Quality, https://cpcb.nic.in/who-guidelines-for-noise-quality/Some common sources of noise pollution are industrial activity, construction activity, generator sets, etc.(Preamble, Noise Pollution (Control and Regulation) Rules, 2000) ))

The law known as the Noise Pollution (Regulation And Control) Rules, 2000 regulates and controls noise in India.

Right to Live in Peace without Noise

Everyone has the right under Article 21 of the Constitution of India, 1950 to live in peace, comfort and quiet within their house and has a right to prevent the noise from reaching them((Burrabazar Fireworks Dealers Association v. Commissioner of Police, Calcutta AIR 1998 Cal 121 )). No one can claim a right to create noise even in their own premises which would travel beyond their precincts and cause nuisance to neighbours or others. That’s why any noise which affects the ordinary comforts of life of a person is also considered to be a nuisance((Noise Pollution (V), In re, (2005) 5 SCC 733 )).

Meaning of Noise

The word noise is not explained in any law but noise is considered to be an environmental pollutant((Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 )) in India. It is one of the main causes of environmental pollution.

Noise derives its meaning from the Latin term ‘nausea’. Courts have defined noise as ‘unwanted sound, a potential hazard to health and communication dumped into the environment with regard to the adverse effect it may have on unwilling ears((Noise Pollution (V), In re, (2005) 5 SCC 733 )). For example, a blaring horn causes unwanted noise but the sound which pleases the listeners is music and is not considered to be noise((Noise Pollution (V), In re, (2005) 5 SCC 733 )).

Causing Noise Pollution

Decibel is the unit of measurement of noise. There are noise limits that you will have to follow depending on the area you live in. However, since measuring noise requires scientific instruments (such as a sound level meter), you may not always know if you are exceeding the noise limits for a particular area. In such cases, you should:

  • Make sure that regardless of what you do or which equipment you use, it does not turn out to be noisy and a disturbance for others. For example, if you are playing music during a party, try to keep the volume down at night time while people are sleeping.

  • Don’t wait for your neighbours or people around you to file a complaint to the police. If they mention that you are making noise that is disturbing them, try to reduce the noise.

Please note that it does not matter whether you made the noise unintentionally or intentionally; all that matters is whether you have created too much noise.

Complaining against Noise Pollution

If any noise causes you annoyance, discomfort or any injury, then you can file a complaint with the police or your State’s Pollution Control Board. Otherwise, you can also complain if you know that the noise((Rule 7, Noise Pollution (Control and Regulation) Rules, 2000 )). level is disturbing you or it happens at night between 10:00 pm and 6:00 am.

What is the need for LGBTQ+ specific healthcare?

LGBTQ+ persons might have healthcare needs that are specific and unique to their experiences. Some of the common healthcare issues are:

There may also be a social bias present, which may make accessing adequate healthcare difficult. For example, a therapist may refuse to treat someone because they are gay or a transgender person.  This may result in people avoiding treatment in a timely manner, or may result in a person not disclosing their true gender/sexual identity, which may lead to added complications. This is why it is important for to understand your rights while accessing healthcare.

If a person faces any discrimination while accessing medical or psychological healthcare, they can take action to alleviate the problem. Read for more options in our explainer “What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?“.

What is Mental Illness?

Mental illness is a health condition((Section 2(s), the Mental Healthcare Act, 2017. )) which involves substantial disorder of thinking, mood, perception and orientation or memory. This may lead to gross impairment of judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life. Abuse of drugs or alcohol may also result in a mental condition.Some examples of mental illness are substance abuse disorder, bipolar disorder, etc. This does not include mental retardation i.e. incomplete intellectual development. Persons with mental illness also have rights under the law including the right to confidentiality, right to treatment, etc. 

Determination of Mental Illness

To determine whether one has a mental illness it must be determined according to nationally/internationally accepted medical standards, like the International Classification of Disease of the World Health Organisation((Section 3(1), the Mental Healthcare Act, 2017 )) 

These reasons cannot determine whether a person is mentally ill((Section 3(3),  the Mental Healthcare Act, 2017 )):

  • Past treatment for a mental illness((Section 3(4),  the Mental Healthcare Act, 2017 ))
  • Political, economic or social status
  • Belonging to a cultural, racial or religious group, or for any other reason not directly relevant to mental health status of the person; 
  • Refusal to conform to moral, social, cultural, work, political, or religious values prevalent in one’s community.

Please note that one cannot be considered as a person of unsound mind, merely because they have a mental illness. Only a Court can declare a person to be of unsound mind((Section 3(5),  the Mental Healthcare Act, 2017 )). 

Capacity to Make Treatment Decisions

The capacity to make mental healthcare-related decisions depends on the conditions given above((Section 4(1),  the Mental Healthcare Act, 2017 )) :

  • The ability to understand relevant information on mental healthcare related issues, such as admission, personal assistance or treatment. Please note the information given to the person has to be comprehensible. For example, Ram cannot hear properly. The information given to him will be using means that will enable him to understand it((Section 4(2),  the Mental Healthcare Act, 2017 )). 
  • The ability to understand the consequences of a decision on the treatment, admission or personal assistance
  • The ability to communicate the formed decision through speech, expression, gesture, etc. 

If one takes a decision that others think is incorrect or inappropriate, that solely will not mean that one does not have the capacity to make such a decision((Section 4(3),  the Mental Healthcare Act, 2017 )). For example, against the wishes of his parents, Ram decides not to go to a mental health establishment. The sole fact that Ram’s parents think that a decision is inappropriate does not mean they do not have the capacity to make such a decision.

What is abortion?

Abortion refers to the termination of a pregnancy by a doctor. In India, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors that decide whether a woman can get an abortion, depends on the number of weeks of her pregnancy.

What is water pollution?

Water pollution is the contamination of water, i.e. changing of the physical, chemical or biological properties of water or the emission of sewage or industrial discharge. It includes the introduction of any solid, liquid or gaseous pollutant into water (either directly or indirectly) which would make water toxic and injurious to the health of the public or for domestic, commercial, agricultural or other important purposes or be unsafe and harmful to the life and health of plants, animals and aquatic organisms(( Section 2(e), The Water (Prevention and Control of Pollution) Act, 1974.)).

Causes of water pollution include:

i. Solid water pollutant. For example, plastic waste, metals, food and animal remains.

ii. Liquid water pollutant. For example, sewage, human waste and industrial waste water.

iii. Gaseous water pollutant. For example, methane, carbon dioxide, sulphur dioxide, nitrogen oxide.

What is Air Pollution?

Air pollution is the presence of dust, fumes, gas, mist, odor, smoke or vapour, in the atmosphere, in quantities that can cause injury to human, plant or animal life or harm the environment.(( Expert Committee of The Central Pollution Control Board (‘CPCB’); UPADHYAY S. & UPADHYAY V, HANDBOOK ON ENVIRONMENTAL LAW: WATER LAWS, AIR WILDLIFE LAWS AND THE ENVIRONMENT (VOL. II), 2002.)) The Air Quality Index (AQI) measures the quantities of these pollutants in the atmosphere in an area. The causes of air pollution include:(( Section 2(a), Air (Prevention and Control of Pollution) Act, 1981.))

  • Solid Air Pollutant. For example, burning of solid fuels such as firewood, crop residue, cow dung cakes, coal, lignite and charcoal.(( Indicators of Social Consumption, Ministry of Statistics and Program Implementation, accessed at: http://mospi.nic.in/sites/default/files/publication_reports/Report_585_75th_round_Education_final_1507_0.pdf.))
  • Liquid Air Pollutant. For example, use of gasoline, kerosene and diesel in households. 
  • Gaseous Air Pollutant. For example, sulphur dioxide, carbon monoxide and nitrogen. 
  • Noise Pollutant. For example, harsh sounds from traffic, engines, generators and fireworks.

The National Ambient Air Quality Standards, set by the Central Pollution Control Board, lay down the permissible limits of twelve pollutants like sulphur dioxide, nitrogen dioxide, trioxygen, lead, carbon monoxide, ammonia, benzene, arsenic, nickel and particulate matter. These limits differ for industrial, residential, rural, ecologically sensitive areas and other areas created by the Central Government.(( National Ambient Air Quality Standards and Trends 2019, cpcb.nic.in, accessed  at: https://cpcb.nic.in/upload/NAAQS_2019.pdf.))

 

Right to Clean Environment

The right to a clean environment is a right available to all citizens in India.(( Shri. Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109.)) Article 21 of the Constitution of India, 1950 lays down the right to life and personal liberty, which includes the right to pollution-free air(( Subhash Kumar v. State of Bihar, AIR  (1991) 1 SCC 598; M.C. Mehta v. Union of India (Aravalli Mining case) (2004) 12 SCC 118.)) and a clean environment. Art. 51A(g) of the Constitution also creates a duty upon every citizen to protect and preserve the environment.(( Article 51A(g), The Constitution of India, 1950.))

If a person is suffering from health issues, due to air pollution, they have a right to complain under the law. Read more in our explainer “Who can you complain to regarding a grievance under the law?”

Patient Rights in India

The word ‘patient’ has not been defined anywhere under Indian Law. However, the term covers those people who receive healthcare services by doctors or medical professionals. The Government including state governments have a duty to provide healthcare services and improving public health(( Article 42, Constitution of India, 1950; Entry 6, List II, Schedule VII, Constitution of India, 1950)).

Laws governing Patient Rights

The laws governing rights of  people who approach healthcare establishments or medical professionals in India include:

  • The Constitution of India, 1950
  • Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002
  • Drugs and Cosmetics Act, 1940
  • Clinical Establishment(Registration and Regulation) Act, 2010
  • Indian Penal Code, 1860 and Code of Criminal Procedure, 1973.

These laws guide medical health professionals in maintaining a standard of care and treatment of patients. Since there is no specific legislation covering patient rights in India, the Ministry of Health and Family Welfare, and the National Human Rights Commission released the Charter of Patient Rights. Further, this contains the rights protecting patients who access medical care. These include:

List of Patient Rights in India

The Ministry of Health and Family Welfare and National Human Rights Commission released the Charter of Patient Rights. It enumerates 17 rights that all patients in India are entitled to. These include:

Right to Information

A patient has the right to obtain authentic information regarding their medical condition or ailment, method and options for treatment.

Right to records and reports

Hospital authorities have a duty to provide medical records and reports to all patients or their caregivers.

Right to emergency medical care

No patient can be turned away from receiving emergency medical care from a government or private hospital.

Right to informed consent

A medical professional should obtain the consent of the patient or their caregiver, spouse or guardian (in case of a minor) in writing, before performing an operation.

Right to confidentiality, privacy and dignity

All medical professionals have to maintain the highest level of confidentiality regarding the private details of the patient.

Right to second opinion

A patient is free to go for a second opinion for any doctor of his or her choice.

Right to transparency in rates

All costs that are levied on patients for services, tests and treatments rendered by medical establishments have to be made available to the public.

Right to non-discrimination

Doctors and medical personnel cannot refuse treatment to patients on the grounds of gender, sexuality, caste, religion, race, place of birth or illnesses.

Right to safety and quality care according to standards

It is the duty of medical establishments to provide a safe and clean environment for treatment. 

Right to choose alternative treatment options if available

Once a patient or their caregiver are informed of their treatment options, they are free to choose the course ahead. They cannot be compelled to follow a certain treatment without their will, even if the doctor deems it necessary. 

Right to choose source for obtaining medicines and tests

When medicines or tests are prescribed to a patient, it is up to them to decide where they want to purchase it from. It is guaranteed as their right as a consumer to have access to a variety of goods or services at competitive prices. 

Right to proper referral and transfer, which is free from perverse commercial influence

All patients have a right to receive seamless service and quality of care being upheld when the patient is referred to a different doctor or the patient is  transferred to a different facility. 

Right to protection for patients involved in clinical trials

Participants of all clinical trials in India have rights such as claiming compensation in case of trial-related injury or death, confidentiality of personal information etc.

Right to protection of participants involved in biomedical and health research

The National Ethical Guidelines for Biomedical and Health Research Involving Human Participants have to be followed to ensure rights are given to the participants.

Right to take discharge of patient, or body of deceased from the hospital

During any point in the treatment, a patient is free to take discharge or leave from the hospital. They cannot be held without their will or kept in the hospital by force. Similarly, caretakers of a deceased patient have the right to receive their body from the hospital.

Right to patient education

Patients have the right to receive education about the facts relevant to their condition and healthy living practices.

Right to be heard and seek redressal

If a patient or their caregiver have a grievance against a doctor or the hospital administration regarding the quality of treatment provided, they have a right to seek redressal for the same.

Duties of Educational Institutes

The owner/manager of an education institute must ensure that a board is displayed at a conspicuous place outside the institute, which states the following:((  Section 3, the Cigarettes and Other Tobacco Products (Display of Board by Educational Institutions) Rules, 2009.[↩]))

  • The sale of cigarettes and other tobacco products is strictly prohibited within 100 yards of the institute. The distance measured radially from the outer boundary of the institute.
  • The punishment(( Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.[↩])) is a fine of Rs. 200. 

Punishment

You cannot sell tobacco products within 100 yards of an educational institute. The punishment is a fine of Rs. 200.(( Section 24, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.[↩]))