Theme: Health & Environment

Where can an abortion be performed?

Abortions can only be conducted at any of the following places approved by the government:

  • Hospitals, either established or maintained by the government.
  • Such places (private, public or other) that have been approved by the government or by a District Level Committee set up by this law(( Section 4, The Medical Termination Of Pregnancy Act, 1971.)).

If the abortion is carried out in a place that is not authorised by the government, then the doctor performing such abortion along with the owner or in-charge of that hospital can be punished with rigorous jail time between 2 and 7 years.

To ensure safe and legal abortions, it is necessary to confirm with the doctor and the hospital/place whether they have the necessary permits.

Patient Education

Patients have the right to receive education about the facts relevant to their condition and healthy living practices. For instance(( Charter of Patient Rights, Ministry of Health and Family Welfare))

  • Rights and responsibilities as patients(( Annexure 8, Clinical Establishments Act (Standards for Hospital Level 1A & 1B), 2010))
  • Information regarding insurance schemes, entitlements (in case of charitable hospitals).
  • Complaint forums and grievance redressal.

In addition, all this information must be provided in a language easily understood by the patient. Further, you can click on the links given below to learn more:

  • Information about health-related schemes of the Government: Ministry of Health and Family Welfare website
  • Public health initiatives and their e-resources: National Health Portal of India website
  • Informational videos on topics like family planning and maternal health: National Health Portal of India website
  • Information on blood donation and blood banks: E- Rakt Kosh Blood Centralized Blood Bank website
  • Informational material on diseases: National Health Portal of India website
  • Information on list of essential medicines: National List of Essential Medicines, 2015
  • Information about fixed rates of drugs: Drug Price Control Order, 2013

 

Consuming Drugs

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

Consuming banned drugs and substances is illegal in India and the punishment for this includes jail time  and/or fine. 

If you are caught consuming cocaine, morphine, diacetyl-morphine, you can be punished with jail time for up to 1 year and/or fine of up to Rs. 20,000. For any other banned drugs, you can be punished with jail time for up to 6 months and/or fine of up to Rs. 10,000.((  Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Sikkim is the only State in India that provides for immunity from prosecution for consumption of drugs through rehabilitation of addicts. Addicts who consume drugs can voluntarily seek to undergo medical treatment for de-addiction from a hospital or institution maintained by the Government to avoid prosecution. 9 Further, if a person consumes a drug without a medical prescription in Sikkim, they have to undergo compulsory detoxification, followed by rehabilitation and shall be only liable to pay a fine upto Rs. 10000.(( Sikkim Anti Drugs Act, 2006))

What can you do if you get fake news on Covid-19?

If someone is sharing fake news, there are several punishments they may face depending on the nature of the crime. For example, making up and sharing fake news on Covid-19 through Whatsapp can result in a person being punished under the law. Some other punishable offences are:

Publishing or circulating any statement, rumour or report which may cause fear or alarm to the public. Section 505(1) of the Indian Penal Code, 1860 The punishment is jail time of up to 3 years and/or a fine.
False alarm regarding a disaster Section 54 of the Disaster Management Act, 2005 The punishment is jail time of up to 1 year or a fine.
Making a false claim for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster Section 52 of the Disaster Management Act, 2005 The punishment is jail time of up to 2 years and a fine.
Forwarding fake news Section 54 of the Disaster Management Act, 2005 The punishment is jail time of up to 1 year or a fine.

Although there are many sources of false information on Covid-19, the most reliable sources of information are the following sources:

Information available in a State government’s website is also an authentic source of information. For example, Delhi’s Department of Health website. 

Right to Equality and Non-Discrimination

Every person with mental illness has a right to equality and non-discrimination including((Section 21(1),  the Mental Healthcare Act, 2017 )):

  • No discrimination against a person with mental illness on any basis. This includes reasons such as gender, sex, sexual orientation, religion, culture, caste, social or political beliefs, class or disability
  • Emergency facilities and services  of good quality, and  of the same quality and availability as those provided to persons with physical illness
  • Ambulance services  of the same manner, extent and quality as provided to persons with physical illness
  • Good living conditions in health establishments , of the same manner, extent and quality as provided to persons with physical illness
  • Any other health services provided to persons with physical illness, of the same manner, extent and quality as provided to persons with physical illness

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs((Section 108,  the Mental Healthcare Act, 2017 )). You should complain against such a person, or approach the Court with the help of a lawyer.

What are the abortion records to be kept by hospitals and doctors?

In every hospital, records of the abortion should be maintained in the following ways(( Regulations 4 and 5, Medical Termination of Pregnancy Regulations, 2003.)):

  • Doctor’s Opinion: The doctors who perform abortions have a legal duty to record their opinions on why they are going to do or not do the abortion. If they are going ahead with the abortion, within three hours of conducting the abortion, they have to certify it by filling Form 1 of the Medical Termination of Pregnancy Regulations, 2003.
  • Consent Form : The consent form to go ahead with the abortion has to be filled by the pregnant woman who is undergoing the abortion. The consent form is given in Form C of the Medical Termination of Pregnancy Rules, 2003.

Admission Registers: An admission register is maintained by the head of the hospital or the owner of the place approved for conducting abortion where the details of the women undergoing abortion are maintained. The Admission Register is a confidential document. These hospital records of abortions are routinely sent to the Chief Medical Officer of the State and the register is not kept open for any inspections keeping in mind the privacy of the woman.

Discharge of Patients

During any point in the treatment, a patient is free to take discharge or leave from the hospital. For example, hospital authorities cannot force patients to stay in the hospital or restrict them from moving out of the hospital. Similarly, caretakers of a deceased patient have the right to receive his body from the hospital.(( Charter of Patient Rights, Ministry of Health and Family Welfare)). For example, while undergoing treatment, the hospital cannot withhold A’s body from his relatives. Even if the fees or medical bills are not paid for, the body is to be released to the relatives.

A hospital or medical professional cannot hold a living patient, or the body of a deceased patient for any reason including:

  • Non-payment/delay in payment of charges,
  • Dispute regarding any hospital charges.

Under the law,1this is a crime of wrongful confinement. The punishment for wrongfully confining someone is a jail term of up to 1 year, fine up to  ₹ 1000 or both.(( Section 342, Indian Penal Code, 1860))

If the confinement extends to 3 -10 days,  the punishment is imprisonment of up to 2 years or 3 years respectively.(( Section 343 and 344, Indian Penal Code, 1860))

  1. Section 340, 341, 342, Indian Penal Code, 1860 [↩]

Poppy Straw

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

It is illegal to produce, possess, transport, import, export, sell, purchase, use and omit to warehouse poppy straw. The punishment for carrying out any of these activities is proportional to the quantity of Poppy Straw involved and not the type of activity.

  • Small quantity (1 kg) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 1 kg to 50 kg – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (50 kg) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs. 

Poppy Straw Concentrate

Poppy Straw Concentrate is derived from poppy straw. The punishments for activities around poppy straw concentrate vary from that of poppy straw. 

  • Small quantity (20 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 20 gm – 500 gm- jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (500 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs.(( Section 15, Narcotic Drugs and Psychotropic Substances Act, 1985))

Is Covid-19 covered under the force majeure clause in contracts?

Force majeure(( Sections 32 and 56 of the Indian Contract Act, 1872)) clauses are contractual clauses which can change or excuse the parties’ obligations and/or liabilities under a contract when an extraordinary event or circumstance beyond their control prevents one or all of them from fulfilling those obligations. For example, if a construction company had to do work for a private company, they can use the force majeure clause in their contract from stopping the work in case of a disaster like an earthquake etc. 

Depending on how the contract is drafted, such clauses may have a variety of consequences, including: 

  • Excusing the affected party from performing the contract partially or fully .
  • Excusing that party from delay in performance.
  • Allowing them to suspend or claim an extension of time for performance.
  • Giving that party a right to terminate the contract.

Force majeure can include events for which no person can be held accountable. Some examples include Act of God or natural disasters, war or war-like situations, human actions such as armed conflict etc. For a force majeure clause to be invoked, the acts must be unforeseeable, external to the parties of the contract, and unavoidable. The law relating to Force Majeure is given under Sections 32 and 56 of the Indian Contract Act, 1872. 

Covid-19 and Force Majure

Whether a contractual obligation can be avoided on the grounds of force majeure is a factual determination based on the specific terms of the contract. The courts will examine,  in each case, whether the impact of the Covid-19 pandemic prevented the party from performing its contractual obligation. Indian courts(( Energy Watchdog v. Central Electricity Regulatory Commission (2017)14 SCC 80; Naihati Jute Mills Ltd. v. Hyaliram Jaganath AIR 1968 SC 522.)) have generally recognised this concept and have enforced it where appropriate. 

Directions by Government of India

The Government of India has taken the following measures to prevent further disruption in international trade and commerce by declaring the outbreak of Covid-19 as a force majeure event. 

  • The Ministry of Finance issued an office memorandum dated February 19, 2020 which states that Force Majeure clauses can be invoked in Government contracts if there is a “disruption in supply chain due to spread of coronavirus in China or any other country”. The Memorandum further states that COVID-19 should be considered as a case of “natural calamity”. On May 13, 2020, the Ministry of Finance issued another memorandum stating that under contracts for construction/works, goods and services and PPP (Public-Private Partnership) with Government Agencies, parties can invoke the force majeure clause ‘after fulfilling due procedure‘ and ‘wherever applicable’.
  • Ministry of New & Renewable Energy has issued an Office Memorandum dated March 20, 2020 which directs all Renewable Energy implementing agencies of the Ministry of New & Renewable Energy (MNRE) to treat delay on account of disruption of the supply chains due to spread of Covid-19 in China or any other country, as Force Majeure event.

Right to Live with Dignity

Every person with a mental illness has a right to live with dignity.((Section 20(1), the Mental Healthcare Act, 2017 )). In other words, persons are protected from cruel, inhuman or degrading treatment in any mental health establishment.

This includes the following rights like((Section 20(1),  the Mental Healthcare Act, 2017 )):

  • Living in a safe and hygienic environment
  • Sanitary conditions and provisions for sanitation, space and articles of personal hygiene.  For instance, women should be provided with items required during menstruation.
  • Facilities for leisure, recreation and education. This includes practising one’s own religion
  • Privacy
  • Proper clothing
  • Not doing any forced work in a mental health establishment
  • Receiving payment for whatever work  has been done
  • Provision for preparing for living in the community
  • Adequate and wholesome food
  •  Preventing the compulsory shaving of head hair. In other words, the right to stop any cruel, inhuman or degrading treatment, and to live with dignity
  • Wearing one’s own personal clothes, according to one’s wishes. In other words, not wearing the uniforms provided by the mental health establishment
  • Protection from all forms of physical, verbal, emotional and sexual abuse.

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs((Section 108,  the Mental Healthcare Act, 2017 )). You should complain against such a person, or approach the Court with the help of a lawyer.