When you make a complaint about noise pollution with the following authorities, they may pass an order or take action depending on the level of noise.
If you approach the police
The police will take immediate action to stop the noise by suspending the noise-producing instrument and prohibiting the further use of that equipment or instrument. If it is your vehicle that is causing noise, it is a traffic violation and the police may even fine you.
If you approach the Central/State Pollution Control Boards
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 or contrivance which is capable of producing or reproducing sound
- sound caused by bursting of sound’ emitting firecrackers
- Sounds caused from a business operation, or trade, like for example business of creating utensils, etc.
If you approach the Court
Filing a Complaint with District Magistrate
The Court may pass the following orders after hearing out the person who caused the noise pollution:
- Temporary order to stop the noise
- Order to remove the noise or regulate it
- Permanent order to prevent the noise pollutant and stop it
Filing a Complaint with NGT
Any person seeking relief and compensation for environmental damage or pollution involving subjects(( Schedule 1, The National Green Tribunal Act, 2010.)) like air pollution, environment pollution, water pollution, etc. can approach the National Green Tribunal (NGT).(( The National Green Tribunal Act, 2010.)) The NGT is a specialized judicial body where you can go to file environmental cases including noise pollution cases. The decisions of the tribunal 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.
Nobody(( Noise Pollution (V), In re, (2005) 5 SCC 733.)) can claim a fundamental right to create noise by amplifying the sound of their speech with the help of loudspeakers. While one has a right to speech, others also have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that they have a right to make their voice be heard by others.
If anyone increases their volume of speech and that too with the assistance of artificial devices like amplifiers, loudspeakers, etc. and forces people to listen, then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life.(( Article 21 of the Constitution of India, 1950.)) Even though Article 19 of the Constitution of India, gives the right to freedom of speech and expression to everyone, it cannot defeat another fundamental right that we have under the Constitution, which is the right to live a peaceful life guaranteed by Article 21 of the Constitution.
Under the law, there are three main authorities:
- Central Mental Health Authority – It is the central authority under the law, which has functions like to register all mental health establishments under the Central Government and maintain a register of all mental health establishments in the country, develop quality/service norms for mental health establishments under the Central Government, supervise all mental health establishments under the Central Government, receive complaints about deficiencies in provision of services, etc..
- State Mental Health Authority – It is the authority on the state level under the law, which has functions like to generally register all mental health establishments in the State, to develop quality/service norms for mental health establishments in the State, supervise all mental health establishments in the State , receive complaints about deficiencies in provision of services, etc(( Section 55, the Mental Healthcare Act, 2017.)).
- Mental Health Review Board – It is the authority on the district level under the law, which has functions like to register, review, alter, modify or cancel an advance directive, to appoint a nominated representative, to adjudicate complaints regarding deficiencies in care, etc(( Section 82(1), the Mental Healthcare Act, 2017.)).
As of now, the authorities, particularly the Central Mental Health Authority and the Mental Health Review Boards, are largely not functioning. However, some states, such as Delhi, Kerala, etc. have constituted the State Mental Health Authority. You should seek information about the functioning of these authorities from your respective state.
The National Mental Health Policy of India was released in 2014 by the Ministry of Health and Family Welfare. The policy has recognized certain principles such as integrated care, equality, evidence based care and participatory and rights based approach to mental health.
Some of its goal are to provide universal access to mental healthcare in the country, decrease premature deaths due to mental illness, to increase access to mental healthcare for vulnerable groups such as homeless persons, to reduce suicide, etc. It recognizes the need for adequate funding, support for families and access to institutional care, among other things. Please see here for more details.
The Government of India launched the National Mental Health Program (NMHP) in 1982, and the District Mental Health Program was added to the NMHP in 1996. In 2003, it was re-strategized to include two schemes i.e. Modernization of State Mental Hospitals and Upgradation of Psychiatric Wings of Medical Colleges/General Hospitals.
The basic objectives of the NMHP are:
- To ensure the availability and accessibility of minimum mental healthcare for all in the foreseeable future.
- To encourage the application of mental health knowledge in general healthcare and in social development.
- To promote community participation in the mental health service development.
- To enhance human resources in mental health specialties.
The NMHP has aimed to open centres for persons with mental illness, carry out awareness programs and interventions ,etc. Please see here for more details.
A caregiver refers to a person who resides with a person with mental illness and is responsible for providing care to that person. This includes a relative or any other person who takes care of the person, either for free or with remuneration(( Section 2(e) the Mental Healthcare Act, 2017.)).
If you want to take a leave from the mental health establishment where you are admitted, you should approach the mental health professional in charge of the establishment. He can grant a leave to you to be absent from the establishment under certain conditions (if any) for such time duration as determined by the professional(( Section 91, the Mental Healthcare Act, 2017.)).
If a prisoner who is in a mental health establishment absents himself without leave/discharge, he will be taken into protection by a police officer at the request of the professional in-charge and will be sent back to the establishment immediately(( Section 92, the Mental Healthcare Act, 2017.)).
If you believe that a person with mental illness is being mistreated or neglected by the person who has the responsibility for his care, you should report this to the police officer in-charge of the police station within whose jurisdiction the person with mental illness resides(( Section 101(2) the Mental Healthcare Act, 2017.)).
Once the police have received the report, they will conduct the necessary investigation.
The officer in-charge of a police station has the following duties:
Protecting Persons with Mental Illness
He must take under protection any person wandering within the limits of the police station and who is believed to have a mental illness who(( Section 100(1), the Mental Healthcare Act, 2017.)):
- Is not able to take care of himself
- Poses a risk to himself/others due to his mental illness
Once a person with mental illness has been taken into protection, the police must:
- Inform the person/his nominated representation the reasons for taking him into protection(( Section 100(2), the Mental Healthcare Act, 2017.)).
- Take the person to the nearest public health establishment within 24 hours for assessment of his healthcare needs(( Section 100(3), the Mental Healthcare Act, 2017.)). It will be the responsibility of the medical officer in-charge of the public health establishment to arrange the person’s assessment(( Section 100(5), the Mental Healthcare Act, 2017.)).
- After the assessment, if the person does not need to be admitted to an establishment, the police officer must take the person to his house or to a Government establishment for homeless persons (if the person is homeless)(( Section 100(6), the Mental Healthcare Act, 2017.)).
Reporting Mistreatment of Persons with Mental Illness
If the officer believes that a person who resides within the limits of the police station has a mental illness and is being mistreated or neglected, he must report that to the Magistrate(( Section 100(1), the Mental Healthcare Act, 2017.)).
Locking Persons with Mental Illness
The police cannot, in any situation, lock the person with mental illness in a jail or detain him(( Section 100(4), the Mental Healthcare Act, 2017.)).
Under the law, a person with mental illness can be admitted to a mental health establishment by his nominated representative for treatment. However, there is very specific criteria for such an admission, which is known as supported admission.
The government only has the power to get a person assessed for mental healthcare needs. Except this, the government has no power regarding a person’s treatment for mental health. For example, the Magistrate may order that a person is admitted to a mental health establishment for a maximum duration of 10 days for assessment of his healthcare needs(( Section 102(1), the Mental Healthcare Act, 2017.)), and the police have certain powers with respect to persons with mental illness who are found wandering within the jurisdiction of the police station.
If you require help with your mental health, you can go to a mental health professional. A mental health professional refers to the following(( Section 2(r), the Mental Healthcare Act, 2017)):
- A psychiatric social worker, which requires a postgraduate degree in Social Work and a Master of Philosophy in Psychiatric Social Work of two years, including supervised clinical training from any University recognised by the University Grants Commission, or other qualifications, as prescribed(( Section 2(x), the Mental Healthcare Act, 2017.))
- A professional registered with the concerned State Mental Health Authority
- A professional having a postgraduate degree (Ayurveda) in Mano Vigyan Avum Manas Roga or a postgraduate degree (Homoeopathy) in Psychiatry or a postgraduate degree (Unani) in Moalijat (Nafasiyatt) or a postgraduate degree (Siddha) in Sirappu Maruthuvam.
It is mandatory for every mental health establishment to be registered under the law. Depending on whether the establishment is under the central government or state governments, the establishment must be registered with the Central Mental Health Authority or State Mental Health Authority.
If someone carries on a mental health establishment without registration, he may be punished with a fine between Rs. 5,000 to Rs. 50,000 for the first offence, and for the second offence, with a fine between Rs. 50,000 to Rs. 2 lakhs, and for every subsequent offence, with a fine between Rs. 2 lakhs to Rs. 5 lakhs(( Section 107(1), the Mental Healthcare Act, 2017.)).
Further, if someone knowingly works at an unregistered establishment as a mental health professional, he may be punished with a fine of Rs. 25,000(( Section 107(2), the Mental Healthcare Act, 2017.)).
Research can be conducted on persons with mental illness in the form of psychological, physical, chemical or medicinal intervention. However, this can be done only when the person’s free and informed consent has been obtained(( Section 99(1), the Mental Healthcare Act, 2017.)). Research can be conducted based on a person’s case study notes even without his consent, as long as his identity is not revealed(( Section 99(4), the Mental Healthcare Act, 2017.)).
In case the person is unable to give consent but does not resist participation, the professional conducting the research can take permission from the State Mental Health Authority(( Section 99(2), the Mental Healthcare Act, 2017.)). The Authority can give permission only after getting the consent from the person’s nominated representative and after ensuring the following(( Section 99(3), the Mental Healthcare Act, 2017.)):
- The research cannot be conducted on any other person, such as a person capable of giving consent. For example, Ram is suffering from a very rare form of a mental illness, and the proposed research must be conducted on a person suffering from that mental illness only.
- The research is necessary to promote the mental health of the population represented by that person.
- The knowledge that will be gained from the research is relevant to the health needs of the person
- There is no conflict of interest in any kind.
- The research is in line with national and international guidelines and regulations, and ethical approval has been obtained from the relevant institutions.
Please note that any consent given by the person with mental illness or his nominated representative can be withdrawn at any time(( Section 99(5), the Mental Healthcare Act, 2017.))
Yes. Every insurer must provide for medical insurance for mental illness on the same basis as for physical illness(( Section 21(4), the Mental Healthcare Act, 2017.)).
A person with mental illness cannot be subjected to seclusion (solitary confinement), under the law(( Section 97(1), the Mental Healthcare Act, 2017)).
Further, a person cannot be physically restrained unless:
- Physical restraint is the only way for preventing immediate harm to the person or others
- Physical restraint is authorised by the psychiatrist who is in charge of the person’s treatment
However, physical restraint cannot be used unless the medical professional wants to prevent any significant harm(( Section 97(2), the Mental Healthcare Act, 2017)), and cannot be used as a punishment or due to shortage of staff(( Section 97(4), the Mental Healthcare Act, 2017)).
The details of the restraint, including the method, nature, duration and justification for its use, must be recorded in the person’s medical notes by the professional duty(( Section 97(3), the Mental Healthcare Act, 2017)). Further, the nominated representative of the person needs to be informed within 24 hours(( Section 97(5), the Mental Healthcare Act, 2017)).
The following forms of treatment cannot be performed on persons with mental illness(( Section 95(1), the Mental Healthcare Act, 2017)):
- Psychosurgery (i.e. surgery of a person’s neurological system, such as the rain), unless the person’s informed consent and approval from the Mental Health Review Board has been obtained(( Section 96(1), the Mental Healthcare Act, 2017)).
- Electroconvulsive therapy (passing small electrical currents through a person’s brain) without the use of muscle relaxants and anaesthesia
- Electroconvulsive therapy for minors. However, it may be used if(( Section 95(2), the Mental Healthcare Act, 2017)) the psychiatrist in-charge of the minor believes it is necessary with informed consent of the guardian and permission from the Mental Health Review Board.
- Sterilisation (surgery to make one biologically incapable of reproduction), if it used for treatment for mental illness
- Chaining in any manner. For example, to restrain a person physically by chaining them up.
Having a mental illness is not in and of itself grounds for having an unsound mind(( Section 3(5), the Mental Healthcare Act, 2017.)). Having an unsound mind has been determined by Courts to mean that one has such a mental condition that one cannot be expected to be aware of the consequences of their actions. Some examples of such unsoundness of mind include dementia, loss of memory, hallucinations, etc.. Under the law, medical insanity does not matter, but only legal insanity(( Hari Singh Gond v. State Of M.P)).
If one is considered to have an unsound mind, they cannot be held liable for an offence(( Section 84, the Indian Penal Code, 1860.)). Further the onus of proving that one committed a crime due to unsoundness of mind will be on the accused(( State Of Rajasthan v. Shera Ram)).
The Government has arranged for free Covid-19 testing at approved laboratories across India. Although the test is not free in private labs and hospitals, the Supreme Court has said that free testing should be done for the poor who are eligible under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana. Beneficiaries of this scheme can access free testing in private labs and Covid-19 treatment at government empanelled hospitals.
To get tested free of cost, a person can go to any government hospital. They can get updated information by calling the helpline numbers before getting a test done. Please see here for the list of government and private clinics for testing of Covid-19, as released by the Indian Council of Medical Research.
If you belong to the 18-44 age group category, you might have the option of on-site registration and appointment at Government Covid Vaccination Centers, depending on the decision of your State government. The central government opened the option of on-site registrations because limiting registration to online platforms may result in vaccine wastage and exclusion of those who do not have access to internet and mobile phones. However, this option can be implemented only after approval from the respective State government.
The Indian Council of Medical Research (ICMR) has removed the use of plasma therapy from the recommended treatment guidelines for Covid-19. Currently, it is advised not to donate plasma for Covid treatment, as it would be of no benefit.
Yes, you can get an abortion even during the Covid-19 pandemic. The government has declared abortion as an essential service. So, you can get an abortion from registered clinics or hospitals, despite it being a non-Covid health issue.
It depends on why you are going out. The police cannot arrest or fine you for going out during lockdown for a valid reason. For example, you can go out to buy essentials, in emergency situations, for vaccination, and to travel to the airport or stations, etc. When you go out, you must follow protocol like wearing a mask, social distancing, etc.
You are not allowed to go out for non-essential activities or violate Covid-19 regulations like visiting a movie theatre, taking drives around your house etc. Under Section 269 of the Indian Penal Code, the police can arrest you if you intentionally do any unlawful or negligent act which is likely to spread the Covid-19 infection. The punishment for this is jail time of up to six months and/or a fine.
Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.
No, hospitals cannot legally detain a dead person’s body even if the deceased person’s family is unable to pay the medical bills.
According to the Patient Rights Charter approved by the Ministry of Health and Family Welfare, hospitals must release the body of a deceased patient despite non-payment of bills. In 2018, a draft Delhi Government advisory, issued by the Directorate-General of Health Services also stated that the bodies of deceased patients could not, under any circumstances, be detained because of the non-payment of bills. The Delhi High Court, in an order in 2017 (Devesh Singh Chauhan v. State and Others), has confirmed this position. However, the remedies for such a violation are not so clear-cut. Some of them include:
- Filing a complaint with the police under section 302 of the Indian Penal Code for wrongful confinement (The Patient Rights Charter also refers to this as the basis for the right to receive the body of a deceased patient).
- Sending a legal notice to the hospital.
- Registering a grievance with the Medical Superintendent of Nursing Homes (The number for the grievance cell for the Directorate-General of Health Services which houses the Medical Superintendent is 22393515.
- Writing a letter to the National Human Rights Commission.
When a patient is discharged from a doctor’s care of a doctor, the hospital must provide them with a discharge summary containing the following information
- Name and registration number of treating doctor
- Name, demographic details & contact number of patient, if available
- Date of admission and discharge
- Relevant clinical history, assessment findings and diagnosis
- Investigation results
- Details of medical treatment
- invasive procedures, surgery and other care provided
- Discharge advice (medications and other instructions)
- Instructions about when and how to obtain urgent care
The National Commission for the Protection of Child Rights (NCPCR) has developed an online tracking portal called “Bal Swaraj (COVID-Care link)” for children in need of care and protection. The portal can be used to track children who have lost both parents or one parent during Covid-19. Further, any authorised officer/department can upload such children’s data to the portal using the “COVID-Care” link.
Through the data entered in the portal by District officers and State officers for each child, the Commission can determine whether:
- The child is receiving their entitlements, benefits, and monetary gains;
- The child has been produced before the Child Welfare Committee;
- Any protective orders have been issued for the child;
- The State requires financial assistance to obtain additional funds for benefiting children through the currently implemented programmes.
The Supreme Court in “In Re. Contagion of Covid-19 Virus in Children Homes” directed all District officers to submit data on orphaned children on the Bal Swaraj portal under the COVID-Care link.
Family & Marriage
Money & Property
Crimes & Violence
Police & Courts
Labour & Employment
Health & Environment
Citizen Rights & Constitution
Government & Elections
Media & Intellectual Property
Videos
Guides
Sample Forms
Statewise Information
General
Children
Women
LGBTQI+
Employees
Persons with Disabilities
Scheduled Castes & Tribes
Senior Citizens
Informal Workers