Theme: Health & Environment

Government’s efforts for controlling drug abuse

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Government Schemes and Centres

The Ministry of Social Justice and Empowerment has been implementing a Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse since 1985 for identification counselling, treatment and rehabilitation of addicts through voluntary and other eligible organisations. Under this scheme, financial assistance is given to voluntary organisations and eligible agencies for running and maintaining Integrated Rehabilitation Centres for Addicts.

A National Centre for Drug Abuse Prevention has also been set up by the National Institute of Social Defence to provide technical support to the government on policies relating to substance abuse prevention and providing services for substance demand reduction. This Centre also carries out programmes for capacity building and training personnel of de-addiction centres.

National Action Plan for Drug Demand Reduction  

The Ministry of Social Justice and empowerment has prepared a National Action Plan for Drug Demand Reduction for the period of 2018-25. This plan focuses on: 

  • Preventive education 
  • Awareness generation 
  • Identification, counselling, treatment and rehabilitation of drug dependent persons 
  • Training and capacity building of service providers through collaborative efforts of government and NGOs. 

It aims at reduction of adverse consequences of drug abuse through education, de-addiction and rehabilitation of affected individuals. More information on this Action Plan can be found here.

National Fund for Control of Drug Abuse

The law requires the government to set up a National Fund for Control of Drug Abuse(( Section 7A)) for meeting the expenditure incurred in measures taken for: 

  • Combating illicit trafficking 
  • Controlling abuse of drugs and substances 
  • Identifying, treating and rehabilitating addicts 
  • Preventing drug abuse 
  • Educating public against drug abuse 
  • Supplying drugs where the same is a medical necessity

The money for this fund comes from: 

  • Central government (after Parliament has made appropriations for it by a law) 
  • Sale of any property that was forfeited or seized as illegal property.
  • Grants made by persons or institutions
  • Income from investment of amount credited to the Fund.

Is Covid-19 an epidemic or a disaster?

Covid-19 is a widespread epidemic, and also a declared disaster in India. The Government has the power to1 take measures and prescribe regulations to:

  • Prevent the spread of a dangerous epidemic disease like Covid-19.
  • Inspect any ship or vessel leaving or arriving in any port.
  • Detain any person planning to leave or arrive in India.

The Government also declared Covid-19 as a “Notified Disaster” under the law on disaster management, which plays in role in(( Section 2(3), Disaster Management Act, 2005)):

  • Preventing any danger or threat of any disaster
  • Mitigating or reducing the risk of any disaster, its severity or consequences
  • Capacity-building and preparedness to deal with any disaster
  • Providing a prompt response to any threatening disaster situation 
  • Assessing the severity or magnitude of effects of any disaster.

 

  1. Section 2, Epidemic Diseases Act, 1897 [↩]

Mental Health of Children

The rules for admission and discharge of a child or minor (below 18 years of age) are different from those of adults. In case a child requires admission in a mental health establishment, the nominated representative should apply to the mental health professional in charge of the establishment for the child’s admission((Section 87(2),  the Mental Healthcare Act, 2017 )).

Criteria for Admission

The professional in charge may admit the child to the mental health establishment if((Section 87(3),  the Mental Healthcare Act, 2017 )) two health professionals, one of whom is a psychiatrist, have independently examined them in the last seven days. Both the professionals must independently conclude that:

  • The child has a mental illness severe enough to require admission
  • The admission will be in the best interests of the health, safety and wellbeing of the child
  •  Admission is required to satisfy the child’s healthcare need
  • All community-based alternatives to admission are unsuitable to the child’s needs

Provisions for Stay

Certain conditions need to be fulfilled, under the law, when a child is admitted at an establishment. These conditions are:

  • To accommodate the child separately from adults((Section 87(4),  the Mental Healthcare Act, 2017 ))
  • The child’s environment must consider their age and developmental needs((Section 87(4),  the Mental Healthcare Act, 2017 ))
  • The child’s environment should of the same quality as other hospitals where children are admitted for other medical treatment((Section 87(4),  the Mental Healthcare Act, 2017 ))
  • The nominated representative/an attendant appointed by the nominated representative must stay with the child in the establishment for the entire duration of their stay((Section 87(5),  the Mental Healthcare Act, 2017 )). For girls, the nominated representative must appoint a female attendant who will stay with her, if the nominated representative is male.((Section 87(6),  the Mental Healthcare Act, 2017 )).

Treatment

The nominated representative should give informed consent for any treatment given to a child. In other words, permission must given after complete knowledge of the treatment and its consequences((Section 87(7),  the Mental Healthcare Act, 2017 )).

Discharge

The mental healthcare establishment should discharge the child, if the child’s nominated representative does not support admission or requests discharge.((Section 87(8),  the Mental Healthcare Act, 2017 )).

Effects of Noise Pollution

Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. Given below are some of the adverse health effects of noise pollution:((Noise Pollution (V), In re, (2005) 5 SCC 733. ))

Hearing Loss

Hearing loss can be either temporary or permanent.

  • Noise-induced temporary threshold shift (NITTS) is a temporary loss of hearing experienced after a relatively short exposure to excessive noise.

  • Noise-induced permanent threshold shift (NIPTS) is an irreversible loss of hearing that is caused by prolonged noise exposure. NIPTS occurs typically at high frequencies, usually with a maximum hearing loss which occurs around 4000 Hertz.

Both these losses may occur along with presbycusis, which is a permanent hearing impairment that happens with our natural aging process.

Interference with Communication

Noise interferes with speech communication. If both noise and speech are simultaneous, then one of the two sounds makes the other one inaudible. An important aspect of communication interference happens in:

  • Occupational situations where the failure of workers to hear warning signals or shouts may lead to injury.

  • In offices, schools and homes where noise is a major source of annoyance.

Disturbance of Sleep

Noise intrusion can cause difficulty in falling asleep and can awaken people who are asleep, especially young infants, older people, etc.

Annoyance

Noise annoyance may be defined as a feeling of displeasure evoked by noise. The annoyance-inducing capacity of a noise may happen over time also. For example, if the loudspeaker plays near your house for more than 1 month, then over time you may be annoyed. However, reactions to noise differ person to person depending on many factors, such as sensitivity to noise, etc. For example, you may be able to tolerate noise from a speaker near your house but your grandparents may be more sensitive to noise.

Effect on Performance

Noise can change the state of alertness of an individual and may increase or decrease efficiency. For example mental activities involving vigilance, information-gathering and analysis may be affected by noise.

Physiological Effects

Noise has an explicit effect on the blood vessels, especially the smaller ones known as pre-capillaries. Overall, noise makes these blood vessels narrower. Noise causes the peripheral blood vessels in the toes, fingers, skin and abdominal organs to constrict, thereby decreasing the amount of blood normally supplied to these areas. Blood vessels which feed the brain, dilate in the presence of noise. This is the reason why headaches result from listening to persistent high noise. Some health problems which may occur include:

  • Galvanic skin response. In other words, changes in the body originating from sweat glands in the skin that reflect the intensity of an emotional state.
  • Increased activity related to ulcer formation. Prolonged chronic noise can also produce stomach ulcers as it may reduce the flow of gastric juice and change its acidity.
  • Changes in intestinal motility which is the movements of the digestive system, and the contents within it.
  • Changes in skeletal muscle tension. In other words, the force generated by the contraction of muscles changes.
  • Subjective response irritability perception of loudness
  • Increased sugar, cholesterol and adrenaline
  • Changes in heart rate
  • Increased blood pressure
  • Vasoconstriction. In other words, the constriction of blood vessels which increases blood pressure.

Noise not only causes harmful consequences to health while being awake. It also effects when the body is asleep or unaware.((Noise Pollution (V), In re, (2005) 5 SCC 733; Noise Effects Handbook: A Desk Reference to Health and Welfare Effects of Noise, by Office of the Scientific Assistant, Office of Noise Abatement and Control, US Environmental Protection Agency, October 1979. ))

Stress

Noise may cause stress in any number of ways, including headaches, irritability, insomnia, digestive disorders, and psychological disorders. For example, frequent exposure to excessive noise cause tiredness.

Effect on Unborn Babies and Children

The foetus is not fully protected from noise. Noise may threaten foetal development, like affecting the birth weight. Levels of noise which do not affect adults may interfere significantly with children as they are more sensitive. Reading ability, speech, language, and language-related skills of children may be affected due to noise pollution.

What are the common sexual health issues faced by LGBTQ+ Persons?

Trigger Warning: The following content contains information on sexual health issues which some readers may find disturbing.

A person may be at risk of contracting Sexually Transmitted Infections/Diseases (STI/STD) like gonorrhea, syphilis, AIDS, etc., if they are sexually active. The risk of contraction may be higher if a person fall into certain categories. For example, in a report, the National AIDS Control Program1 identified Men Having Sex With Men (MSM) and transgender persons as one of the high-risk groups for HIV/AIDS.

If a person is sexually active, they should speak to their doctor about STI prevention, screening tests recommended, etc.

Government-Aided Schemes and Clinics

The government has come up with various schemes to help people suffering from STIs, irrespective of gender identity or sexual orientation. Please see here for a state-wise list of clinics providing free services to such persons.

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?“.

  1. National Aids Control Organization, Ministry of Health and Family Welfare, Government of India http://naco.gov.in/ [↩]

When is an abortion legally allowed?

Abortion is legally permitted only if the term of the pregnancy is not more than 20 weeks. However, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors who have to decide whether she can get an abortion depends on the number of weeks of her pregnancy.

Less than 12 weeks

If the length of the pregnancy has not exceeded 12 weeks, i.e. is still in the first trimester, one doctor has to agree to the abortion.

Between 12 weeks and 20 weeks

If the length of the pregnancy has exceeded 12 weeks, but is less than 20 weeks then, at least 2 doctors have to agree to it(( Section 3(2) The Medical Termination Of Pregnancy Act, 1971.)).

However, emergency abortions can be conducted both before and after 20 weeks.

What is the responsibility of industries to prevent water pollution?

The Central Pollution Control Board and the State Pollution Control Boards fix industry specific standards on water pollution. An industry or business establishment has to take prior permission of the Pollution Control Board of their State to set up any plant or begin operations that can discharge sewage or trade effluent into a stream, well, sewer or on land. It is mandatory to report any modifications like use of any new or modified outlets for the discharge of sewage or making a new discharge of sewage, to the Board((  Section 25, The Water (Prevention and Control of Pollution) Act, 1974.)).   Industries must cooperate with the Board for any inspection and adhere to the conditions imposed relating to any discharge outlet and standards on emissions of effluents that can be causes of water pollution.

Who are the authorities under the air pollution laws?

The Central Pollution Control Board(( Section 16, Air (Prevention and Control of Pollution) Act, 1981.)) and the State Pollution Control Boards(( Section 17, Air (Prevention and Control of Pollution) Act, 1981.)) have been set up under the law to monitor air pollution in India. They have the following powers and functions:

  • Advise the Central and State governments on all matters relating to the prevention, control and reduction of air pollution.  
  • Planning and executing the programmes for the control of air pollution.
  • Prescribing the standards of air quality/AQI.
  • Giving permission to industrial plants to operate in a State.  No industrial plant can be set up or operated without prior permission of that State’s Pollution Control Board.(( Section 21, Air (Prevention and Control of Pollution) Act, 1981.))

Appellate Authorities

The state governments form Appellate Authorities to handle disputes relating to the environment and pollution. For example, in the state of Karnataka, a three member Karnataka State Appellate Authority headed by a retired judge, is the appellate authority.(( Shibani Ghosh, Sharachchandra Lele and Nakul Heble, ‘Appellate Authorities under Pollution Control Laws in India: Powers, Problems and Potential’, 14/1 Law, Environment and Development Journal (2018), available at http://www.lead-journal.org/content/18045.pdf.)) Anyone who wants to appeal against an order of a State Pollution Control Board can go before the appellate authorities,(( Section 31, Air (Prevention and Control of Pollution) Act, 1981.)) not any other civil court.(( Section 46, Air (Prevention and Control of Pollution) Act, 1981.))

A person who wants to appeal against the decisions and orders of the Appellate Authority can go before the National Green Tribunal,(( Section 16(f), National Green Tribunal Act, 2010.)) which has legal authority over all civil cases raising a substantial question relating to the environment, including enforcement of any legal right relating to the environment. 

Pollution Control Committees

The Pollution Control Committees are regulatory bodies, set up by the Central Pollution Control Board. The Board can delegate its powers and functions to these Committees for certain areas. For example, the Delhi Pollution Control Committee  was established in 1991 to perform the functions as that of a State Board for the Union Territory of Delhi.(( Delhi Pollution Control Committee, accessed at:https://www.dpcc.delhigovt.nic.in/about#gsc.tab=0.))

 

Non-Discrimination Among Patients

Doctors and medical personnel are required to keep aside their personal beliefs while treating a patient. They cannot refuse treatment to patients only on the grounds of gender, sexuality, caste, religion, race or place of birth. Further, no one can refuse treatment on the basis of illnesses like HIV+ status or other socially stigmatized conditions.

Discrimination based on caste

If a doctor refuses you treatment based on your caste, it is against your fundamental right guaranteed under the Constitution, 1950(( Article 17, Constitution of India, 1950))(Right Against Untouchability). If such treatment is refused by a hospital or clinical establishment, a person can seek remedy by making a complaint to a SC/ST  Protection Cell.(( Section 4, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989; Charter of Patient Rights, Ministry of Health and Family Welfare))

Discrimination based on gender identity or sexual orientation

Persons of the LGBTQ+ community may find it difficult to access safe, secure, dignified medical care for a variety of reasons. However, no one can be denied or discriminated against while providing medical treatment  based only on their gender or sexual orientation. The Government has to((  Section 15, Transgender Persons (Protection of Rights) Act, 2019)) provide specific healthcare services and ensure access to existing ones for transgender persons. For instance, ensuring non-discrimination against a transgender person by denying or discontinuing healthcare services or unfair treatment to them.(( Section 3 (d), Transgender Persons (Protection of Rights) Act, 2019)). Doing so will be punishable with jail term between 6 months to 2 years, with a fine.(( Section 18 (d), Transgender Persons (Protection of Rights) Act, 2019)).

Please see here to know what you can do if you face any harassment. Further, you can also take help and support from lawyers, NGOs, etc who will guide you through any issues you may face.

If you face discrimination at the hands of a doctor or clinical establishment, you can go to several authorities. For instance, you can approach the police, National or State Consumer Protection forums etc. Read more here.

Smoking in a Public Place

Places you cannot smoke

Smoking in public buildings like a restaurant, theatres, healthcare institutions or public transport is a crime. If you are caught smoking in a public place, a police officer can detain you. The punishment is a maximum fine of Rs. 200.

Places you can smoke

Open Spaces

You can smoke in completely open spaces like roads or parks. However, it is still illegal to smoke in public places like bus stops, railway stations or open auditoriums.

Smoking Areas

You can smoke in designated smoking areas. Under this law, hotels (with more than 30 rooms), airports, or restaurants (which can seat more than 30 people) can create a separate smoking area where smokers can smoke.