If I had COVID, how long should I wait before getting vaccinated?

If you have just recovered from COVID-19, it is advised that you take your vaccine jab (first or second) after 3 months from your clinical recovery. This is as per the recommendations of the National Expert Group on Vaccine Administration for COVID-19(( Can be accessed at https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1722333 – date – 19th May, 2021 under the head ‘Ministry of Health and Family Welfare’ and sub head ‘New Recommendations of NEGVAC accepted by Union Ministry of Health’.)).

I had COVID after the first jab of the vaccine, how long should I wait before getting the second jab?

If you were infected with COVID-19 after the first jab of the vaccine, it is advised that you wait for 3 months after your clinical recovery to take the 2nd dose. This is as per the recommendations of the National Expert Group on Vaccine Administration for COVID-19.(( Can be accessed at https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1722333 – date – 19th May, 2021 under the head ‘Ministry of Health and Family Welfare’ and sub head ‘New Recommendations of NEGVAC accepted by Union Ministry of Health’.))

What guidelines have been issued for adoption during the pandemic?

The Central Adoption Resource Authority (CARA) has issued the following guidelines for adoption during the pandemic(( http://cara.nic.in/PDF/Circular/Covid%20Advisory.pdf)):

Guidelines regarding children:

Avoid unwarranted physical contact with the child. Only primary caregivers should interact with the child while maintaining due precautions.

Coordinate the social investigation of the child over phone and emails, with only essential physical visits (if required).

Follow up on police reports through phone calls and emails.

Restrict visits to the Child Welfare Committee, and prefer virtual interactions.

Do not use social media platforms for declaring a child legally free for adoption. Communicate orders passed by the State governments or the State Adoption Resource Authority immediately to the designated recipient through emails.

Guidelines regarding parents:

Relax the timing for preparing the Home Study Report 1 month to 3 months. The social worker must conduct at least one physical visit for the Prospective Adoptive Parents’ (PAPs) home study report. However, most of the counselling and meetings will be done online.

Specialised Adoption Agencies should use the digital medical examination report module for completing the medical examination of children.

All information about the child for referral of the PAPs should be uploaded immediately on the CARINGS database. The Specialised Adoption Agency must immediately answer any queries asked by the PAPs.

Juvenile Justice Courts must try to fast track adoption cases, and to conduct the hearings online through video conferencing.

If you want to adopt or to know more information on the legal adoption procedure, read the Nyaaya explainer on ‘Adoption’.

Are mass burials or cremations legal?

No, mass burials or cremations are not legal in India. The National Human Rights Commission (NHRC) has upheld that the right to life, fair treatment and dignity, derived from the Constitution of India,(( Article 21, Constitution of India 1950.)) is not only limited to living persons but also extends to their dead bodies.(( Parmanand Katara v. Union of India, 1989 A.I.R. 2039.)) In response to several complaints about mishandling of dead bodies, the NHRC has issued an advisory notice to the Central and State governments to protect the rights and dignity of the dead(( Sparsh Upadhaya, ‘COVID Affected Dead Bodies’ Mishandling: “Duty Of The State Is To Protect Rights Of The Deceased”: NHRC To Centre, State Govts’, LiveLaw, 14 May 2021, accessed at: https://www.livelaw.in/news-updates/covid-affected-dead-bodies-mishandling-duty-of-the-state-is-to-protect-rights-of-the-deceased-nhrc-to-centre-state-govts-174159. )).

The NHRC also gave 11 recommendations to be implemented by the authorities for the handling of dead bodies with dignity. One of these recommendations specifically states that mass burial or cremations should not be allowed to take place, as they violate the right to dignity of the dead. Courts have also held that disposal of human bodies, whether by burial or cremation, should be done with due respect and solemnity.(( Vineet Ruia v. The Principal Secretary, Department of Health & Family Welfare, Govt. of West Bengal & ors., WP. 5479 of 2020.))

Are digital wills legally enforceable, during the pandemic?

Currently, digital or electronic wills (wills that have been written, signed or attested via electronic medium) are prohibited by law(( Section 1(4), The Information Technology Act, 2000.)), and any testamentary disposition via online medium is not recognised by law.

Wills are a written legal document through which a person decides how their property and other assets would be distributed, allocated and spent after their death. It can be made by the person whose will is being made (called the testator) or by a lawyer on the instructions of the testator. For a Will to be valid(( Section 63, Indian Succession Act, 1925.)):

  • The testator should sign or affix their mark on the will, for example thumb impression.
  • The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.
  • The witnesses should not be beneficiaries under the will.

If you want to read more on wills, see the Nyaaya explainer on Wills.

How can I claim insurance for a loved one who died due to COVID, under the Government scheme Pradhan Mantri Jeevan Jyoti Bima Yojana?

If you have recently lost a loved one due to COVID, who was insured under the Pradhan Mantri Jeevan Jyoti Beema Yojana (PMJJBY), you are eligible for claiming Rs. 2 lakh insurance amount. . This scheme is administered by the Life Insurance Corporation of India and other insurance companies, and is renewable on a yearly basis(( Economic Times, accessed at: https://economictimes.indiatimes.com/wealth/insure/all-about-pradhan-mantri-jeevan-jyoti-bima-yojana/articleshow/58907299.cms?from=mdr.)).

The policy is a one-year insurance term policy. If a person has succumbed to COVID and bought PMJJBY in the financial year 2020-2021, their nominee/heir can apply for a claim. The scheme offers Rs 2 lakh term insurance cover to bank holders aged between 18-50 years, and the annual payable premium is Rs. 330, if the claimant signed up between June and August(( Business Today, accessed at: https://www.businesstoday.in/money/insurance/lost-dear-one-to-covid-check-out-eligibility-for-rs-2-lakh-govt-insurance-claim/story/437886.html)).

To start the application process for the PMJJBY, you can do the following:

Step 1: Contact the bank where the deceased person is covered under the Yojana. A death certificate is necessary to claim the insurance amount.

Step 2: Keep all important documents ready including claim form, refund receipt, discharge receipt, etc.

Step 3: Send the filled out claim form, a receipt for discharge, death certificate along with a photocopy of the nominee’s canceled bank account and all the relevant bank details to the bank.

Can police officers seize cigarette or other tobacco products?

Yes, the officers of following ranks may seize tobacco products if they believe that the relevant law is being violated(( Section 13(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • A police officer, at least at the rank of a sub-inspector
  • An officer of State Food or Drug Administration
  • An other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

However, they may not hold the tobacco products for more than 90 days without the approval of the District Judge.(( Section 13(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Can officers enter and search my shop where I sell cigarettes/other tobacco products?

Yes, the officers of following ranks may enter and search a shop selling cigarettes/other tobacco products if they believe that the relevant law is being violated(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • A police officer, at least at the rank of a sub-inspector
  • An officer of State Food or Drug Administration
  • Any other officer, at least at the rank of Sub-Inspector of Police, authorised by the Central/State Government

The following places may be searched(( Section 12(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)):

  • Where the advertisement of cigarettes and tobacco products is made.
  • Where the trade of cigarettes and tobacco products is carried out

Is it illegal if movies and TV shows show actors smoking on-screen?

It is illegal for TV shows and movies to show a character or actor smoking cigarettes or consuming tobacco products on screen. This does not apply to old or foreign movies/TV shows.(( Section 2(a), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)) When display of use of tobacco products is required, it should be explained to the Central Board of Film Certification. Additionally, the following safeguards must be present(( Section 2(b), the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2012.)):

  • Anti-tobacco health messages, of at least 30 seconds, should be played at the beginning and middle of the videos.
  • An audiovisual disclaimer of at least 20 seconds, on the ill-effects of tobacco. It will be played in the beginning and middle of the video.
  • While the scene in which a person is consuming tobacco is playing, a warning will be displayed.
  • No close-ups of the packages will be allowed, and no brands will be displayed.

What has the government done to discourage use of tobacco?

The Ministry of Health & Family Welfare has launched an anti-smoking project, called the m-cessation programme. It uses mobile technology to encourage people to quit tobacco use. Additionally, the website has simple tips for managing cravings, formulating a quitting plan, etc.

It has an exclusive email ID for the purpose of sending emails for promotion of the program as well as to inform people at large regarding the ill effects of tobacco use at regular intervals.

A helpline number has been launched (011-22901701) which will register you with the program. You can also register by providing basic details (mobile number and email address) here.

Can the Court order confiscation of cigarettes/other tobacco products?

The Court can order the confiscation of any package of cigarettes or other tobacco products.(( Section 14, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)) However, in certain cases, instead of the confiscation, the Court may allow you to pay the costs of the goods seized(( Section 15(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003)).

In this case, the products will be returned to you. However, you must ensure you follow all the laws before you sell or distribute the products.(( Section 15(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Do I have to put warning labels on the cigarettes/other tobacco products I am exporting?

You do not have to put warning labels on the cigarettes/other tobacco products you are exporting. This is because the law(( The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.)) on tobacco products in India does not apply to any tobacco products that are being exported. However, all exported products must comply with requirements of the foreign country.(( Section 32, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

Can I be punished under the law if all I have done is let my friend use my shop to temporarily store drugs?

Yes, knowingly letting someone use your house or vehicle for storing or handling illegal drugs is punishable under this law. It is understood as committing the offence itself. You will be punishable with the punishment provided for that offence. Letting someone use your animal or conveyance knowing the purpose for which the animal or conveyance is going to be used is also an offence.(( Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985.))

What is the difference between seizing order and freezing under law?

Seizing occurs when an authorized officer conducting an inquiry or investigation, has reason to believe that the property being investigated is likely to be concealed, transferred or dealt with in a manner that might hinder the proceedings relating to the forfeiture of property. Where it is not possible to seize the property, the officer may order to freeze it and it can only be transferred or dealt with, with his permission.(( Section 68F, Narcotic Drugs and Psychotropic Substances Act, 1985.))

What happens when the officers, on fake grounds, search and seize my property for drugs and arrest me in the process?

The Act provides for punishment of officers who, without reasonable grounds of suspicion, enter or search and seize property and arrest people. Their punishment is imprisonment up to six months, or fine or both. Any person who gives wrongful information to the officers, who further carry out the search, seizure and arrest of this information, is also punishable by imprisonment for up to two years, fine or both.(( Section 58, Narcotic Drugs and Psychotropic Substances Act, 1985.))

I’m a drug addict, and have been caught consuming drugs. Will I be punished or sent to a rehabilitation centre?

If you are a drug addict who has been caught consuming a small amount of drugs, you could voluntarily seek to undergo medical treatment for de-addiction. The Court will direct that you be released for undergoing such treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by the government.

But it is important to note this option is available only if/when you’ve been caught consuming a small quantity. For every other offence, the Act strictly does not allow commutation or reduction of sentence.(( Section 64A, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Can someone go to jail for smoking weed?

Yes, if an officer catches you smoking weed, you can be punished with imprisonment up to one year, or a fine of up to Rs. 20,000, or both.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Is medicinal cannabis legal in India?

Medicinal cannabis i.e., medicinal hemp refers to any extract or tincture of cannabis. While growing cannabis still a crime as per the NDPS Act, some states allow the cultivation of cannabis for medicinal or research like Uttar Pradesh.

If I’m running away with drugs, can the officer/s shoot at me?

Yes, If you are running away with drugs using an animal or a conveyance, then they can shoot the animal or the conveyance. But if you are running away on foot, then the officer cannot directly shoot at you.(( Section 46, Code of Criminal Procedure, 1973.))

Can a seizure of drugs happen in a public place?

Yes, a seizure can happen in a public place. The authorised officer, in this case, can seize in any public place or in transit and drugs or substances which he suspects is punishable under the Act. They can also seize any animal, conveyance or article, which can be confiscated under this Act. It is also important to note that the officer can detain and search any person who has any drugs or substances in their possession which appears to him as unlawful.(( Section 50(5), Narcotic Drugs and Psychotropic Substances Act, 1985.))

Can doctors be held liable for acts of negligence while conducting an abortion?

Yes, they can be liable for their acts of negligence.

Under civil law, a patient can file a case against a doctor before a consumer court for deficiency in services. The case can be filed before the District, State or National Consumer Commission to receive compensation for the loss or injury suffered. The patient can also file a case before a civil court for damages/compensation.

Under criminal law, a patient can file a criminal complaint citing gross negligence or hurt, for invoking punishment against a doctor in the form of imprisonment and fine. A doctor causing the death of a pregnant woman through an illegal abortion procedure can be punished with jail time up to 10 years, along with a fine.

Do I need my partner’s or husband’s permission to get an abortion?

You do not need to get your husband’s or partner’s consent to get an abortion under the law if you are above the age of 18. Some hospitals and clinics may insist on obtaining your husband’s permission, but this is not required by the law. However, if you are a minor (below the age of 18) you will need the permission of a guardian which may be a parent, some other relative, etc.

What kind of experience or training should a registered medical practitioner have in the field of OB-GYN have to be authorised to perform abortions?

For a registered medical practitioner to be authorised to conduct abortions, they must have the following training in the field of OB-GYN:

For Doctors enrolled on the State Medical Register immediately before 10 August 1971:

  • They must have at least 3 years of OB GYN experience.

For Doctors enrolled on the State Medical Register after 10 August 1971:

They must possess either of the following qualifications:

  • Must have completed six months of house surgery in OB-GYN; or
  • Must have experience in any hospital for at least one year in the practice of OB-GYN; or
  • Must have a postgraduate degree or diploma in OB-GYN; or
  • Must have assisted a Registered Medical Practitioner in the performance of 25 cases of MTP of which at least 5 have been performed independently in a hospital established or maintained by the Government or training institute approved by the Government for this purpose.