Theme: Health & Environment

How is the Government tracking people infected with Covid-19?

The Central Government has released an official Covid-19 tracker app i.e. the Aarogya Setu app. It tracks  community transmission and traces the contact and travel history of individuals who are quarantined, using both location data and Bluetooth-based proximity tracking on users’ phones. This is one means of contact tracing.

Certain states also have applications that track  the mobiles of people who are under quarantine. Some examples of such apps are Quarantine Watch by the Government of Karnataka, SMC COVID-19 Tracker by the Surat Municipal Corporation, Gujarat,  Mahakavach by the Government of Maharashtra, etc.

The patient’s health also gets monitored regularly by the District Surveillance Officer at a district level, who facilitates further follow up by the surveillance teams. The health status of those under home isolation is monitored by the field staff/surveillance teams through personal visits along with a dedicated call center to follow up with the patients on a daily basis. The clinical status of each case is also recorded by the field staff/call center (body temperature, pulse rate and oxygen saturation)(( Revised guidelines for Home Isolation of very mild/pre-symptomatic/asymptomatic COVID-19 cases, Ministry of Health & Family Welfare, accessed at https://www.mohfw.gov.in/pdf/RevisedHomeIsolationGuidelines.pdf)).

 

Noise From Vehicles

Vehicles are a common source of noise pollution in India. You can be fined if you misuse your vehicle horn by:

  • Sounding the horn in a silent zone
  • Sounding the horn needlessly or continuously in a manner which is more than necessary to ensure your or others’ safety
  • Sounding the horn during night time (10 p.m. to 6 a.m.) in residential areas except during a public emergency.
  • Sounding a multi-toned horn that gives an unduly harsh, shrill, loud or alarming noise.

Even at the manufacturing stage of cars there are noise limits which have to be followed otherwise you will be punished with jail time and fine 

Silencers

Every motor vehicle including agricultural tractors have to be fitted with a silencer which by means of an expansion chamber or otherwise so that it reduces as far as practicable possible, the noise made by the escape of exhaust gages from the engine.

Airports

Airports are also regulated to prevent noise pollution. The noise standards only apply to busy airports which have more than 50,000 aircraft movements per year and not to:

  • Civil airports which have less than 15000 aircraft movement annually
  • Defense aircraft, aircraft landing and take off noise, aircraft engines, helipad locations.

If airports do not follow the noise standards given below then the authorities will take action against the airport.

 

Type of Airport Limits in dB(A) Leq* (Day Time from 6.00 am. to 10.00 p.m) Limits in dB(A) Leq* (Night Time from (10.00 p.m. to 6.00 a.m)
Industrial area 70 65
Commercial area 65 60

 

Making an Advance Directive

An advance directive is a legal document that specifies the healthcare decisions that should be taken for a person in case they are not capable of making such decisions. It comes into force when someone no longer has the capacity to make healthcare-related decisions. Once the person regains the ability to make mental healthcare decisions, then the advance directive ceases to be operational.

The document has to include((Section 5(1),  the Mental Healthcare Act, 2017 )):

Only major persons  (those who have completed 18 years of age) can make this document. Please note that any decision taken by a person (when they have the ability to make such decisions) will override the advance directive((Section 5(4),  the Mental Healthcare Act, 2017 )). However, if a person requires emergency treatment((Section 9,  the Mental Healthcare Act, 2017. )) then the directions in the advance directive need not be followed. For example, the advance directive does not apply in suicide cases.

To make the document, you should approach an NGO which works in this field or a lawyer, who will be able to help you out.

Is there a provision for emergency abortions in India?

If there is a need to conduct an immediate abortion to save a pregnant woman’s life, no matter how far along the pregnancy is, the doctor can conduct the abortion. This emergency abortion should be done by the doctor without any intention to cause harm and in good faith((

Section 5(1), The Medical Termination Of Pregnancy Act, 1971.))

Any registered medical practitioner can conduct the abortion, even if they do not have the required OB-GYN qualifications under the law. This has to be done in good faith to save the life of the woman or the fetus.

A case will not be filed against such doctors who perform emergency abortions in good faith((

Section 8, The Medical Termination Of Pregnancy Act, 1971.))

For example, if a woman 22 weeks pregnant was in a car crash, then a doctor can conduct an immediate abortion to save the woman’s life. The doctor will not be prosecuted for conducting an abortion after 20 weeks since it was done in good faith to save the woman’s life.

What is the role of courts in regulating water pollution?

The Supreme Court and High Courts along with the National Green Tribunal have made an immense contribution in the regulation of water pollution. The National Green Tribunal 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. While the High Courts do not have absolute powers over the orders of the Tribunal, the Supreme Court is the ultimate authority over the orders of the Tribunal. The Supreme Court, High Courts and the National Green Tribunal have ruled on a number of cases relating to water pollution and enforced the proper implementation of the law. Decisions by the Courts have led to the cementing of ‘polluter’s pay principle’ and ‘the precautionary principle’ for the purposes of imposing liability onto the polluter or the potential polluter. The Courts have the power to enforce punishments for noncompliance of the orders of the Pollution Control Boards or any other violation of the law.

Referral and Transfer to Doctors or Hospitals

All patients have a right to ‘continuity of care’. Service and quality of care given to a patient cannot change if a patient is:

  • Referred to a different doctor
  • Transferred to a different facility.

It is the patient’s right to get complete information while transferring including(( Section 3.6, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002)):

  • Reason for transfer
  • Alternative options available
  • Confirmation of acceptance of transfer from the other facility

Sometimes doctors may request consultation with specialists. In addition, during treatment with specialists, the attending physician must share the patient’s case summary. This will enable the specialist can give his opinion in writing to the physician.(( Section 3.6, Indian Medical Council Regulations, 2002)).

Regardless of favors, like monetary benefits, commissions, or any benefits in kind, doctors cannot have any commercial interests. For instance, the World Health Organization has put out guidelines that may be adopted to ensure efficiency in the medical referral system.

Smoking Rooms

Under the law, certain public places, such as airports, workplaces, etc., may have a room for smoking any tobacco product within their premises. These smoking rooms must abide by the following specifications(( Section 2(e), the Prohibition of Smoking in Public Places Rules, 2008.):

  • The room is physically separate and walled on all four sides
  • The entrance must have an automatically closing door
  • Has negative air pressure (a technique often used to prevent cross-contamination between rooms) when compared with the rest of the building
  • Has an airflow system. This must allow the air to flow outside and not mix with other parts of the building, among other specifications(( Schedule I, the Prohibition of Smoking in Public Places Rules, 2008))
  • A board should be displayed at the entrance of at least 60 cm × 30 cm which states (in English and one Indian language) that “tobacco smoking is harmful to your health and the health of non-smokers” and the “entry of persons below the age of eighteen years is prohibited.”(( Section 2, the Prohibition of Smoking in Public Places (Amendment) Rules, 2017))

In addition, depending on the kind of establishment, more rules may apply for the smoking area. For example(( Section 4(2), the Prohibition of Smoking in Public Places Rules, 2008.)), for airports and restaurants with capacity to seat at least 30 persons, the smoking room cannot be at the entrance or the exit.

 

Illegal entry, search, seizure and arrest by police

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

The law punishes those police officers who maliciously or vexatiously do the following acts(( Section 58 (1), Narcotic Drugs and Psychotropic Substances Act, 1985)):

  • Enter and search or direct other officers to enter and search a place or a vehicle without any reasonable suspicion. 
  • Intentionally and unnecessarily seize property or documents under the pretence of searching and seizing narcotic drugs or psychotropic substances. 
  • Intentionally and unnecessarily detain, search or arrest any person
  • The punishment for these crimes is imprisonment for up to 6 months and/or fine of Rs. 1000. 

False Complaints

The law also punishes those who willfully give wrong information to the police officers that eventually causes the wrongful search and arrest of people with imprisonment up to 2 years and/or fine(( Section 58 (2), Narcotic Drugs and Psychotropic Substances Act, 1985)). 

Which law regulates vaccines in India?

In India, the Drugs and Cosmetics Act, 1940 regulates the manufacture and distribution of  drugs and vaccines.

Authority regulating vaccines

The Central Drugs Standard Control Organization (CDSCO) is the main regulatory authority. The Drugs Controller General of India (DCGI) is an official member of the CDSCO who is the final regulatory authority for the approval of clinical trials in India.

Procedure for approval for vaccines

The detailed procedure that needs to be followed to get approval for producing vaccines that can be used by the public involves :

Application for approval to manufacture the vaccine 

No vaccine can be manufactured for sale without approval from the Licensing Authority appointed by the Central Government. The manufacturer must apply to the Licensing Authority to allow manufacture of the vaccine((  Section 122B, Drugs and Cosmetics Act, 1940)).

Application for permission to conduct clinical trials for the vaccine 

  • Clinical trials need to be conducted for the vaccine with the permission of the Licensing Authority.
  • The Licensing Authority will give permission to conduct the clinical trials based on a few conditions. The clinical trial has to be conducted according to specified protocols and ‘Good Clinical Practice Guidelines’, and the approval of an Ethics Committee is needed before conducting the trial. Further, the clinical trial must be registered at the Clinical Trials Registry of India. The Licensing Authority’s permission is required to import a vaccine from a foreign country. While applying for permission, the vaccine importer must submit data on the results of local clinical trials of the vaccine carried out according to the specified guidelines. However, this is not necessary if the drug is of such a nature that the Licensing Authority in public interest decides to grant permission on the basis of data available from other countries((Section 122DA, Drugs and Cosmetics Act, 1940)).

Suspension or cancellation of permission 

If the Licensing Authority feels that all the required conditions are not fulfilled, it can also cancel the permission for conducting trials after giving reasons for such cancellation. A person can approach the Central Government to appeal against any order of the Licensing Authority(( Section 122DB, Drugs and Cosmetics Act, 1940)).

Filing A Noise Complaint

If any noise is being made which causes you annoyance, discomfort or any injury, then you can file a complaint with the authorities given below. You can also complain if you know that the noise level has exceeded the noise standards by 10 dB(A) in any area or there is noise pollution that happens at night between 10:00 pm and 6:00 am.

 

Police

You can complain to the nearest police station, call 100 or file an online complaint with your State’s police complaint portal if you want to prevent noise pollution. The officer in charge of the police station, police commissioner or any officer (not below the rank of Deputy Superintendent of Police) can take action by:

  • Seizing equipment, 
  • Stopping the use of a microphone or loudspeaker, etc.
  • Going to the Pollution Control Board and getting a written order prohibiting the noise.  

Central and State Pollution Control Board

The Central Pollution Control Board (CPCB) provides technical services to the Ministry of Environment and Forests for implementation of the provisions of the Environment (Protection) Act, 1986. Its main functions are to promote cleanliness of water in streams, wells, etc. and prevent water pollution. The Board also has the duty to improve the quality of air by preventing air and noise pollution. The Head Office of the CPCB is in New Delhi and they also have several regional offices across states.

Even though the offices of the CPCB are only there in a few states, every state also has an office known as the State Pollution Control Board (SPCB). You can also approach the SPCB offices to file a complaint. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

  • Any vocal or instrumental music
  • Sounds caused by  playing, beating, clashing, blowing 
  • Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus which is capable of producing or reproducing sound
  • Sounds caused by bursting of sound emitting fire crackers
  • Sounds caused from a business operation, or trade, for example, business of manufacture of utensils, etc.

 

The authorities may give an opportunity to the person who made the noise to be heard and then may modify or alter the order.  

 

Courts

 

District Magistrate

You can approach the nearest District Magistrate (Court) with the help of a lawyer to complain about noise pollution. The Court has the power to temporarily stop or remove the nuisance caused by noise pollution. The Court may pass the following orders after hearing out the person who caused the noise pollution:

  • Temporary order or injunction to stop the noise
  • Order to remove the noise or regulate it
  • Permanent order to remove the noise pollutant and stop the noise 

 

National Green Tribunal

The National Green Tribunal (NGT) is a specialised judicial body where you can go to file environmental cases including noise pollution cases. The NGT was set up to: 

  • Provide effective and expeditious remedies for  environmental protection,
  • Conservation of forests and other natural resources
  • Enforcement of any legal right relating to the environment. 

The NGT’s orders are binding and it has power to grant relief in the form of compensation to affected persons.

Locations of the Tribunal

The NGT has a presence in five zones – North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi. The Central zone bench is situated in Bhopal, East zone bench in Kolkata, South zone bench in Chennai and West zone bench in Pune.

Filing a Complaint with the NGT

Any person seeking relief and compensation for environmental damage or pollution involving subjects like air pollution, environment pollution, water pollution, etc. can  approach the NGT. The decisions of the NGT are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision. 

You can engage a lawyer if you want to approach the Court to file a case or file an appeal from a judgment of a lower Court.