Theme: Health & Environment

Heroin

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

Heroin is a derivative of opium, the chemical term for which is Diacetylmorphine, also known as dia-morphine. 

It is illegal to manufacture, possess, transport, inter-state import/export, sell, purchase and use heroin. The punishment for carrying out any of these activities is proportional to the quantity of Heroin involved and not the type of activity.

  • Small quantity (5 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 5 gm to 250 gm – jail time  up to 10 years and fine up to Rs 1 lakh 

Commercial quantity (250 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 21, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Informed Consent for Medical Procedures

All procedures or treatments on a patient must be done only after he or she has provided consent. Now, this ‘consent’ has to be given:

  • By a person who is conscious, of sound mind and above 12 years of age.((Section 90, Indian Penal Code, 1860 ))
  • Free from any undue influence, threat, mistake.((Section 90, Indian Penal Code, 1860 ))
  • For a specific intervention. For instance, a treatment or procedure that requires written consent.((Charter of Patient Rights, Ministry of Health and Family Welfare ))
  • By a person who understands the risks, benefits and alternate treatments available.((Charter of Patient Rights, Ministry of Health and Family Welfare ))
  • In a language and manner understood by all parties involved.((Charter of Patient Rights, Ministry of Health and Family Welfare ))

Consent of minors (children below the age of 18)

Before performing an operation, a physician should obtain the written consent of the patient or the patient’s caregiver, spouse or guardian (in case of a minor).((Section 7.16, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 )).Further, such consent is necessary where the treatment is potentially dangerous.((Annexure 8, Clinical Establishments Act 2010 (Standards for Hospital Level 1A & 1B) )).The duty to ensure this falls upon the hospital administration and the doctor treating the minor.

Failure to take consent

Doctors have to take consent for all medical procedures. Otherwise, this may result in disciplinary action as well as a case against the doctor. If the doctor takes consent by causing fear or misconception, he or she is committing a crime under the law.((Section 90, Indian Penal Code, 1860 ))  However, if a doctor in good faith((Section 52, Indian Penal Code, 1860 )) believes that the situation is too urgent to wait for the patient’s consent or it is not possible to obtain it, he may proceed with the emergency treatment. An example would be an emergency abortion if the woman’s or fetus’s (unborn baby) life is in danger. Further, failure to take consent will result in disciplinary actions against the doctor. If you face such a situation, you can file a complaint.((Charter of Patient Rights, Ministry of Health and Family Welfare ))

Right to Complain

A person with mental illness or their nominated representative has the right to complain. It can be done regarding deficient care, treatment and related services in a mental health establishment((Section 28(1),  the Mental Healthcare Act, 2017 )).

One can make such a complain to((Section 28(1),  the Mental Healthcare Act, 2017 )):

  • The mental health professional in charge of the establishment, and if not satisfied with the response
  • The relevant Mental Health Review Board, and if not satisfied with the response
  • The State Mental Health Authority

The person with mental illness also has the right to complain and go to Court in case of violation of their rights((Section 28(2),  the Mental Healthcare Act, 2017 )).

What are the Abortion Helplines?

You can call a helpline to answer any queries regarding abortions and to understand where to get abortions as given below:

National Reproductive Health Helpline

The Ministry of Health and Welfare has set up a helpline number called the National Reproductive Health Helpline.

Call 1800116555 anytime between 9 am to 11 pm (Monday to Saturday).

This number is a toll-free number which offers only guidance to those who are considering abortion. You should give the following details when calling the helpline number:

  • Age
  • Location
  • Health status
  • Duration of the pregnancy.

Diazepam

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

Diazepam is a psychotropic substance(( Section 2 (xxiii), Narcotic Drugs and Psychotropic Substances Act, 1985; read also Schedule, Narcotic Drugs and Psychotropic Substances Act, 1985)),  the manufacture, possession, transport, import, export, sale, purchase and use of which is illegal in India. 

The punishment for carrying out any of these activities is proportional to the quantity of Diazepam that you are caught with. 

  • Small quantity (20 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 20 gm to 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 22, Narcotic Drugs and Psychotropic Substances Act, 1985))

Right to Communication

Every person with mental illness who is admitted has the right to communication((Section 26(1), the Mental Healthcare Act, 2017 )). This means the right to:

  • Refuse or receive visitors
  • Refuse or receive and make phone calls subject to the rules of the mental health establishment
  • Send and receive emails((Section 26(2),  the Mental Healthcare Act, 2017 )).

Additionally, the right to communication also means that the person does not have to communicate with certain people if they so wish.  They may inform the mental health professional in-charge, whose duty it is to restrict such communication. However, this right does not apply in certain cases. They cannot restrict communication if it is from((Section 26(3),  the Mental Healthcare Act, 2017 )):

  • Any Judge or officer authorised by a court
  • Members of the authorities i.e. Mental Health Review Board, the Central Authority or the State Authority
  • Any member of Parliament or a Member of State Legislature
  • Nominated representative or legal representative of the person
  • Medical professional in charge of the person’s treatment
  • Any other person authorised by the Government.

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.

Thebaine

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

Thebaine is a manufactured drug derived from opium. It is illegal to manufacture, possess, transport, import, export, sell, purchase and use in India. The punishment for carrying out any of these activities is proportional to the quantity of Thebaine that you are caught with.

  • Small quantity (2 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gm to 100 gm – Jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (100 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 21, Narcotic Drugs and Psychotropic Substances Act, 1985))

Codeine

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

Codeine is a manufactured drug derived from opium. It is illegal to manufacture, possess, transport, import, export, sell, purchase and use Codeine in India. The punishment for carrying out any of these activities is proportional to the quantity of Codeine that you are caught with. 

  • Small quantity (10 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 10 gm to 1 kg- jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (1 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.((  Section 21, Narcotic Drugs and Psychotropic Substances Act, 1985.))

 

Ecgonine

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

Ecgonine is a manufactured drug derived from the coca plant. It is illegal to manufacture, possess, transport, import, export, sell, purchase and use Ecgonine. The punishment for carrying out any of these activities is proportional to the quantity of Ecgonine that you are caught with. 

  • Small quantity (2 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gm to 50 gm – Jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (50 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 21, Narcotic Drugs and Psychotropic Substances Act, 1985))