Theme: Health & Environment

Vehicle Stop and Search

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

If an authorised police officer has reason to believe that a vehicle or an animal is being used to transport narcotic drugs, psychotropic or controlled substances, he has the power to stop such vehicle or animal and search it accordingly. This power to stop includes all lawful means, including firing upon the vehicle or animal if necessary. 

Such a police officer would also have the power to compel an aircraft to land if he thinks it is necessary to carry out a search.

How are lockdowns imposed during Covid-19?

The COVID-19 lockdown across States is used as a measure to prevent the further spread of the disease. 

The lockdown is imposed through a set of orders by which the National Disaster Management Authority (National Authority) requests all Government Ministries/Departments including State/Union Territory Governments to take effective measures  to prevent the spread of Covid-19 in the country. The National Authority has the power to issue guidelines1 on how the lockdown should be implemented, and can request the government to comply with their directions and implement them strictly. These lockdown orders are published on the Ministry of Home Affairs website.

During the lockdown period, the government provides and allows the provision of many essential services , whereas non-essential services are temporarily suspended. For example, essential services like medicines are available while non-essential services like amusement parks may be stopped for some time. Some of the services available also depend on the State Government, so it is important to know the directions given in the State. 

  1. Section 6, Disaster Management Act, 2005 [↩]

Silent Zone

An area comprising not less than 100 meters around hospitals, educational institutions and courts are known as silence areas or silence zones.  In a silent zone you cannot:

  • Play any music
  • Use a public address system
  • Raise any sound amplifiers
  • Beat a drum or tom-tom
  • Blow a musical or pressure horn, or trumpet or
  • Play sounds on any instrument, or
  • Exhibit any mimetic, musical or other performances to attract crowds.

 

Noise at Night 

In silent zones and residential areas you cannot cause noise pollution at night time (between 10.00pm and 6.00am) by:

  • Using the horn except during a public emergency.
  • Burst fire crackers which cause a lot of sound
  • Operate sound emitting construction equipment

 

If you see any of these happening and you can file a complaint with the police and other authorities who will take action to prevent the noise.

 

Punishment for Noise Pollution

Anyone who causes noise pollution in silent zones will be punished with jail time and a fine.

Independent Admission and Discharge

Independent admission means the admission of a person who has the capacity to make mental health care decisions, or requires very less support in making them. An independent patient is given treatment only after informed consent((Section 86(5),  the Mental Healthcare Act, 2017. )) (i.e. permission given after complete knowledge of the treatment and its consequences). Additionally, an independent patient must follow the rules of the establishment, if admitted((Section 86(4),  the Mental Healthcare Act, 2017 )).

Criteria for Admission

The mental health professional in charge of the establishment must ensure that((Section 86(2),  the Mental Healthcare Act, 2017 )) :

  • The person has a mental illness severe enough to require admission,
  • They will benefit from the admission
  • They have understood the nature and purpose of admission
  • The person has made the request for admission of their own free will and have the capacity to take mental health care and treatment decisions.

Procedure for Admission

A person can admit themselves in an establishment if they want to and are above the age of 18 years. To do this, they must request the professional in charge of the establishment((Section 86(2),  the Mental Healthcare Act, 2017 )). The professional does not require permission from anyone to admit an independent patient. For example, the nominated representative or the caregiver((Section 86(6),  the Mental Healthcare Act, 2017 )).

Discharge

A person does not need the permission of the professional for discharge((Section 86(7),  the Mental Healthcare Act, 2017 )). Additionally, they should be discharged immediately((Section 88(1),  the Mental Healthcare Act, 2017 )). However, the person may be retained for 24 hours to assess whether they need to be admitted as a supported patient.  However, this happens only if the professional believes that((Section 88(3),  the Mental Healthcare Act, 2017 )):

  • The person is unable to understand the nature and purpose of their decisions and requires substantial support from their nominated representative
  • They have recently threatened/attempted to cause physical harm to themselves
  • The person has recently behaved violently towards someone else or has caused someone else to fear physical harm from them
  • They have recently shown an inability to care for themselves to the extent that they pose a danger to themselves.

 

What is the importance of consent for GAT and Corrective surgery?

When a person goes for any surgery including GAT or corrective surgery, remember that it cannot be done without their written consent. The age of consent for medical procedures is 18 years((Section 3, Indian Majority Act, 1875 )), and  consent given by a person of unsound mind or a child below 12 years is not valid.((Section 90, Indian Penal Code, 1860 )).

No one including hospitals, medical practitioners, acquaintances etc can force a person to undergo((National Legal Services Authority v. Union of India & Ors (AIR 2014 SC, 1863 )) GAT/Corrective Surgery as a legal condition for recognizing their gender identity.

The doctor doing any surgery needs to ensure that the consent given by the person is real consent, meaning the person giving consent should((Samira Kohli v. Dr. Prabha Machanda and Ors (2008) 2 SCC 1 )):

  • Have the capacity and competence to consent. For example, someone of unsound mind will not be able to consent.
  • Give consent voluntary. For example, if a person is being coerced by family members to undergo any procedure, it is not real consent.
  • Be based on adequate information on the treatment procedure, so that the person knows what they are consenting to. Adequate information on the procedure includes:
    • The nature and procedure of the treatment;
    • Its purpose and benefits;
    • Its likely effects and any complications which may arise;
    • Any alternatives if available;
    • An outline of the substantial risks; and
    • Adverse consequences of refusing treatment.

However, adequate information need not include remote risks, rare complications and possible results of negligent surgery.

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?“

Who are the authorities regulating water pollution under the law?

The main authorities for the purposes of regulating water pollution are:

i.                 The Central Pollution Control Board: It was constituted under law to prevent, control and abate water pollution((  Section 3,The Water (Prevention and Control of Pollution) Act, 1974.)). It is responsible for organising programmes at the ground level and provides technical services to the Ministry of Environment and Forests. Its primary purpose is to promote the cleanliness of streams and wells by preventing, controlling and abating water pollution.(( Central Pollution Control Board, accessed at:https://cpcb.nic.in/.)) It resolves disputes among the State Boards and provides technical assistance to them. The Board also performs an advisory role to the Central Government on matters concerning the environment.

ii.                The State Pollution Control Board or Pollution Control Committees for States and Union Territories are constituted(( Section 4,The Water (Prevention and Control of Pollution) Act, 1974.)) to set the standards of effluents for industries and for determining whether something is ‘poisonous, noxious or polluting’ or ‘any other’ matter. The State Boards give permission for the setting up of industries and advise the State government with respect to the locations where industries are likely to cause water pollution.

iii.              Municipal Corporations or local authorities are concerned with the disposal of sewage and dumping of waste material.

Who can perform abortions?

Under the law, only a ‘Registered Medical Practitioner’ can perform the abortion procedure. For a doctor to be recognised as a registered medical practitioner, the following conditions must be fulfilled:

  • They must possess recognised medical qualifications such as MBBS, MD, MS, etc. (A list of these qualifications can be found in the Schedule of the Indian Medical Council Act, 1956).
  • They must be enrolled in the State Medical Register.
  • They must have training in gynaecology and obstetrics (OB-GYN)(( Section 2(d), The Medical Termination Of Pregnancy Act, 1971)).

Only in case of emergency abortions, any registered medical practioner, regardless of whether they are an OB-GYN, can conduct the abortion in good faith.

If the abortion is carried out by a person who is not a registered medical practitioner, then such a person can be punished with rigorous jail time between 2 and 7 years(( Section 5(2), The Medical Termination Of Pregnancy Act, 1971)).

It is important to note that ayurvedic, unani or homeopathic doctors, or nurses, cannot legally perform abortions.

Who can you complain to about a grievance under air pollution law?

Police

Anyone can file a complaint at the nearest police station and can even register an FIR (First Information Report) for public nuisance(( Section 268, Indian Penal Code, 1860.)) against the establishment, industry or person responsible for air pollution. 

 

Central and State Pollution Control Boards

CPCB stands for the Central Pollution Control Board. It is a body constituted under the law to prevent and control water and air pollution in India. It also provides technical services to the Ministry of Environment and Forests and runs the air and water quality monitoring programme to help regulate and decrease the level of pollution.(( Central Pollution Control Board, accessed at: https://cpcb.nic.in/Introduction/.)) It has a complaint portal on its website to report air pollution in Delhi NCR.

An aggrieved person can approach the State Pollution Control Board office in their state or visit the website to file a complaint for air pollution. The State Pollution Control Boards have the power to:

  • Approach a court for restraining any person who is likely to cause air pollution.(( Section 22A(1), Air (Prevention and Control of Pollution) Act, 1981.))
  • Obtain information about emissions from industrial plants, enter and inspect premises, take samples of emissions and send for analysis.(( Section 24-26,Air (Prevention and Control of Pollution) Act, 1981.)) 
  • Direct the closure of such polluting establishments or cut off or regulate its water or power supply. 

Courts

District Magistrate

Anyone can approach the Magistrate to file a civil suit for remedy against public nuisance with the help of a lawyer. The Magistrate also has the power to  issue a notice under Sec. 133 CrPC(( Section 133, Code of Criminal Procedure, 1973.)) (order for removal of nuisance) to stop the polluting activities.

National Green Tribunal

Complaints can be registered at the official website of the National Green Tribunal. (NGT). The complaint can be filed as an individual, advocate, a representative of a law firm or NGO or as a representative of the Government of India.

When the proceedings are initiated, the NGT can provide relief and compensation as well as order return and restoration of property damaged and the environment of the area.(( Section 15, The National Green Tribunal Act, 2010.))  The NGT orders compensation for instances of death, disability, injury or sickness, loss of wages and medical expenses(( Schedule II, The National Green Tribunal Act, 2010.)) to the person responsible for causing the damage to the environment.(( Section 17, The National Green Tribunal Act, 2010.))

The Tribunal also has the power to grant:

  • Interim orders or a stay 
  • Orders requiring a person to cease and desist. 

Right to Confidentiality, Dignity and Privacy

All medical professionals have to be patient and delicate with whomever they treat medically.(( Section 2.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002)). Further, they have to maintain the highest level of confidentiality regarding the private details of the patient.(( Section 2.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002;  Annexure 8, Clinical Establishments Act (Standards for Hospital Level 1A & 1B), 2010))

Examination of female patients

Female patients can request for the presence of another female in the room while being examined by a male doctor.1 This person need not necessarily be another doctor but any female person.(( Charter of Patient Rights, Ministry of Health and Family Welfare)) This is to provide comfort to the patient, who may be uneasy in the presence of a male, and to ensure that she is treated with dignity. Further, the responsibility to do this lies with the hospital management.

Publishing photos or medical details

To ensure the privacy and dignity of patients, doctors cannot publish patients’ photos or case reports in any journal without their permission. However, if the identity of the patient is not clear from such publication, the consent of the patient is not required.(( Section 7.17, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002))

Details of children 

Identities of deceased children and child victims of sexual offences are private and confidential. Any doctor or any other individual making this information public may face punishment.(( Section 74 (1), Juvenile Justice (Care and Protection of Children) Act, 2015; Section 19, The Protection of Children from Sexual Offences (POCSO) Act, 2012)) Not following this will make the person liable for a jail term of up to 6 months, fine up to ₹ 2 lakh or both.(( Section 74 (3), Juvenile Justice (Care and Protection of Children) Act, 2015))

Details of adult rape victims

Making the identifcation details of a rape victim public, in any manner to the media or on social media, is a crime.(( Section 228A, Indian Penal Code, 1860; Nipun Saxena v. Union of India 2018 SCC OnLine SC 3104)) For example, sharing the name and photo of a rape victim online is a crime.

Exceptions to confidentiality

A doctor cannot  reveal any secrets learnt about the patient during treatment. However, he or she can in the following situations(( Section 7.14, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002; Charter of Patients Rights, Ministry of Health and Family Welfare)):

  • By a Court of Law under the order of the presiding judge
  • Where there is a serious risk to a specific person and/or community
  • In case of notifiable diseases, like COVID-19
  • If there is a risk of a patient spreading a communicable disease(( Section 2.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002)). For instance, diseases like cholera, malaria etc.
  1. Guidelines and Protocols Medico Legal Care for Survivors of Sexual Violence, Ministry of Health and Family Welfare (Medico Legal Guidelines [↩]

Advertisement of Tobacco Products

Under the law, it is illegal(( Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) for you to advertise(( Section 3(a), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)), through any medium (including visual, auditory, etc.), any cigarettes or other tobacco products. You cannot authorize advertisement of tobacco products for money.

Prohibition of Advertisement

Specifically, the following activities are illegal(( Section 5(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • Display or permit the display of, in any manner, an advertisement of any tobacco product.
  • Sell or permit the sale of, in any manner, any film/video which advertises any tobacco product.
  • Distribute or permit the distribution of, in any manner, any leaflet or similar material which advertises any tobacco product.(( Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))
  • Exhibit, in any manner, on any structure, land or vehicle the advertisement of any tobacco product.
  • Promotion of any brand name of cigarettes or any tobacco products in exchange for money, gifts, etc.(( Section 5(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Permission for Advertisements

The advertisement of tobacco products is permitted with respect to(( Section 5(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

  • A package containing cigarettes and other tobacco products.
  • A shop/warehouse where cigarettes and other tobacco products are offered for distribution or sale.

However, certain specifications must be followed while advertising tobacco products at shops/warehouses where such products are sold. Some of these are((Section 2(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2006.)):

  • The board used to advertise must not be bigger than 60 cm by 45 cm.
  • The board must feature one of the following warnings at the top, measuring 20 cm by 15 cm:
    • Tobacco causes cancer, or
    • Tobacco kills
  • No promotion of any specific brand can be done.

Punishment for Advertisement

If you violate any of the rules described here, the punishment is jail time of up to 2 years and/or a fine of up to Rs. 1000. However, on every subsequent offence, the punishment is jail time of up to 5 years and a fine of up to Rs. 5,000(( Section 22, the Cigarettes and Other Tobacco Products Act, 2003.)).