Theme: Health & Environment

What are the sources and effects of air pollution?

Air pollution is associated with many sectors, which include power, transport, industry, residential, construction, and agriculture.

Sources of Air Pollution

Burning of fossil fuels and emissions

The majority of air pollution comes from the use of energy like the burning of fossil fuels which releases toxic gases and chemicals into the air.1 The two most common types of air pollution are smog and soot, caused by burning of fossil fuels like coal or natural gases. The small airborne particles present in soot or smog are extremely dangerous, as they enter lungs and blood and can lead to bronchitis and heart diseases which can be fatal. 

Other sources of harmful air pollutants are in the emissions from industry, vehicles, road dust, construction, garbage burning, domestic households and diesel generator sets.1

Use of Air Conditioners

Increased use of air conditioners leads to a direct increase in the demand for electricity. This demand for electricity consequently increases the dependence on fossil fuels to meet the collective energy needs. The electricity sector, thus, is the largest source of polluting greenhouse gas emissions. Increased levels of greenhouse gas emissions are responsible for climate change and air pollution. Therefore, increased usage of air conditioners is one of the causes of air pollution and is a threat to public health.2

However, a case cannot be filed against any single individual for such an act, as no one person is solely responsible for the increased demand of energy or air pollution. It is a result of increased use of air conditioners as a community which leads to these harmful effects of air pollution.

Vehicular Pollution

Emissions from vehicles are the source of 60-70% of overall air pollution. The Government is trying to control such emissions through measures like stricter mass emission standards and protocols, phasing out of old vehicles,3 increased awareness about vehicle maintenance and lane discipline, revised fuel efficiency norms like use of alternative fuel programmes and blending of biofuels, promotion of electric or hybrid vehicles and increased use of public transport like metros, e-rickshaws.4

Effects of Air Pollution

Climate Change 

Air pollution is both the cause as well as an effect of climate change. The emissions of carbon dioxide and methane raise the earth’s temperature. Consequently, increased heat leads to smog (smoke and fog) and increased UV radiation.5

Health Impacts 

Air pollution is extremely concerning due to its life-threatening health impacts. However, the impact of air pollution is not limited to health but extends to agriculture and the general well-being of human, plant and animal life. Other effects of air pollution can be irritation of the eyes and throat, damage to the lungs and can trigger allergies and asthma attacks.1 Long term exposure to polluted air may also cause skin problems, harm to liver and reproductive organs. Presence of hazardous chemicals, like lead and mercury, in the air can damage children’s brain function.5 Patients with lung or heart ailments are more vulnerable to the effects of air pollution.

 

 

  1. National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf. [↩] [↩] [↩]
  2. National Research Development Corporation, accessed at: https://www.nrdc.org/experts/vijay-limaye/ac-cools-us-warmer-world-dirties-air-harms-health. [↩]
  3. Report of Working Group on Environment and Environmental Regulatory Mechanisms, NITI AAYOG, accessed at: https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf. [↩]
  4. Reference Note, Vehicular Pollution in India, Lok Sabha, accessed at: https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf. [↩]
  5. Air Pollution, National Research Development Corporation, accessed at: https://www.nrdc.org/stories/air-pollution-everything-you-need-know#sec1. [↩] [↩]

Obtaining Information About Medical Records or Reports

Patients have the right to obtain authentic information regarding their medical condition or ailment, method of treatment and options for treatment1. Patients have to be provided:

  • Adequate information so that they can make an educated decision, give consent or withdraw consent for treatment.
  • Medical information in a language that the patient understands, communicated to them in a manner that is not overly technical.
  • Information regarding costs/additional cost of treatment or diagnosis at the completion of treatment. The patient or his caretaker has the right to receive an itemised receipt.2
  •  Basic details of the doctors and medical staff treating the patient, including the identities,  qualifications and name of the primary treating doctor/consultant.

Doctors are required to maintain the records of patients they treat for 3 years from the date of starting the treatment3, in a format prescribed by the Indian Medical Council.4

Asking for Medical Records or Reports

Patients and their caregivers also have the right to ask for medical records and reports5 of their case, which should be provided to them within 3 days.6

Hospital authorities have a duty to provide such information under the law.7.Not maintaining such records or not complying with the patient’s request for records in the stipulated time will amount to professional misconduct.8. Further, the doctor shall be liable to disciplinary action.

The following documents can be obtained by the patient from the hospital9:

  • Originals and copies of case papers.
  • Indoor patient record. For instance, this includes a repository of medical information and history of a patient.
  • Investigation reports. For instance, this includes details of the methods including  tests and scans done to help with the diagnosis or management of a disease.
  • Discharge summary. This is a document prepared by the attending physician detailing the diagnosis, course of treatment and follow-up (if any) of a patient when he is  discharged from the doctor’s care.
  • Death summary, which is given to the caregiver in case of death of the patient.

Filing an RTI Application (Right to Information)

To obtain some of the information given above, you can file an RTI application to both government and private hospitals. Some examples of when you can file an RTI are:

  • To claim related documents
  • To get COVID-1910 related information such as treatment facilities.
  • To access medical records of patients.11

If you require any assistance on filing an RTI application to ask for medical records or information, then you can check out the Right to Information topic for further clarification.

  1. Annexure 8, Clinical Establishments Act (Standards for Hospital Level 1A & 1B), 2010. [↩]
  2. Charter of Patient Rights, Ministry of Health and Family Welfare. [↩]
  3. Section 1.3.1, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  4. Appendix 3, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  5. Nisha Priya Bhatia v. Institute of Human Behavior & Allied Sciences 2014 SCC OnLine CIC 5092 [↩]
  6. Section 1.3.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  7. Right to Information Act, 2005; Consumer Protection Act, 1986 (now repealed by Consumer Protection Act, 2019); The India Medical Council Act, 1965; World Medical Ethics, World Medical Association. [↩]
  8. Section 7.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  9. Charter of Patient Rights, Ministry of Health and Family Welfare. [↩]
  10. Mr.Venkatesh Nayak vs. CPIO & CMO(EMR), Ministry of Health & Family Welfare and Ors. CIC/MOHFW/C/2020/668909-BJ [↩]
  11. Shri Prabhat Kumar v. Directorate of Health Services GNCTD 2015 SCC OnLine CIC 2742 [↩]

Cigarettes and Tobacco Products

Under the law, tobacco products refer to1 products like:

  • Cigarettes
  • Cigars
  • Cheroots (a cigar which is open on both ends)
  • Beedis
  • Chewing Tobacco
  • Snuff
  • Cigarette tobacco, pipe tobacco and hookah tobacco
  • Pan masala
  • Gutka
  • Tooth Powder containing Tobacco

A cigarette is a roll of tobacco wrapped in paper or in any other material. However, under the law beedis, cheroots and cigars are tobacco products, not cigarettes2.

Indian law, governs the production, sale, distribution, consumption of advertisement of cigarettes and tobacco products. For example, smoking in a public place is not allowed, as is sale to a minor person and advertisement of tobacco products.

  1. Schedule I, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  2. Section 3(b), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Government’s efforts for controlling drug abuse

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

Government Schemes and Centres

The Ministry of Social Justice and Empowerment has been implementing a Central Sector Scheme of Assistance for Prevention of Alcoholism and Substance (Drug) Abuse since 1985 for identification counselling, treatment and rehabilitation of addicts through voluntary and other eligible organisations. Under this scheme, financial assistance is given to voluntary organisations and eligible agencies for running and maintaining Integrated Rehabilitation Centres for Addicts.

A National Centre for Drug Abuse Prevention has also been set up by the National Institute of Social Defence to provide technical support to the government on policies relating to substance abuse prevention and providing services for substance demand reduction. This Centre also carries out programmes for capacity building and training personnel of de-addiction centres.

National Action Plan for Drug Demand Reduction  

The Ministry of Social Justice and empowerment has prepared a National Action Plan for Drug Demand Reduction for the period of 2018-25. This plan focuses on: 

  • Preventive education 
  • Awareness generation 
  • Identification, counselling, treatment and rehabilitation of drug dependent persons 
  • Training and capacity building of service providers through collaborative efforts of government and NGOs. 

It aims at reduction of adverse consequences of drug abuse through education, de-addiction and rehabilitation of affected individuals. More information on this Action Plan can be found here.

National Fund for Control of Drug Abuse

The law requires the government to set up a National Fund for Control of Drug Abuse for meeting the expenditure incurred in measures taken for: 

  • Combating illicit trafficking 
  • Controlling abuse of drugs and substances 
  • Identifying, treating and rehabilitating addicts 
  • Preventing drug abuse 
  • Educating public against drug abuse 
  • Supplying drugs where the same is a medical necessity

The money for this fund comes from: 

  • Central government (after Parliament has made appropriations for it by a law) 
  • Sale of any property that was forfeited or seized as illegal property.
  • Grants made by persons or institutions
  • Income from investment of amount credited to the Fund.

Is Covid-19 an epidemic or a disaster?

Covid-19 is a widespread epidemic, and also a declared disaster in India. The Government has the power to1 take measures and prescribe regulations to:

  • Prevent the spread of a dangerous epidemic disease like Covid-19.
  • Inspect any ship or vessel leaving or arriving in any port.
  • Detain any person planning to leave or arrive in India.

The Government also declared Covid-19 as a “Notified Disaster” under the law on disaster management, which plays in role in(( Section 2(3), Disaster Management Act, 2005)):

  • Preventing any danger or threat of any disaster
  • Mitigating or reducing the risk of any disaster, its severity or consequences
  • Capacity-building and preparedness to deal with any disaster
  • Providing a prompt response to any threatening disaster situation 
  • Assessing the severity or magnitude of effects of any disaster.

 

  1. Section 2, Epidemic Diseases Act, 1897 [↩]

Mental Health of Children

The rules for admission and discharge of a child or minor (below 18 years of age) are different from those of adults. In case a child requires admission in a mental health establishment, the nominated representative should apply to the mental health professional in charge of the establishment for the child’s admission1.

Criteria for Admission

The professional in charge may admit the child to the mental health establishment if2 two health professionals, one of whom is a psychiatrist, have independently examined them in the last seven days. Both the professionals must independently conclude that:

  • The child has a mental illness severe enough to require admission
  • The admission will be in the best interests of the health, safety and wellbeing of the child
  •  Admission is required to satisfy the child’s healthcare need
  • All community-based alternatives to admission are unsuitable to the child’s needs

Provisions for Stay

Certain conditions need to be fulfilled, under the law, when a child is admitted at an establishment. These conditions are:

  • To accommodate the child separately from adults3
  • The child’s environment must consider their age and developmental needs3
  • The child’s environment should of the same quality as other hospitals where children are admitted for other medical treatment3
  • The nominated representative/an attendant appointed by the nominated representative must stay with the child in the establishment for the entire duration of their stay4. For girls, the nominated representative must appoint a female attendant who will stay with her, if the nominated representative is male5.

Treatment

The nominated representative should give informed consent for any treatment given to a child. In other words, permission must given after complete knowledge of the treatment and its consequences6.

Discharge

The mental healthcare establishment should discharge the child, if the child’s nominated representative does not support admission or requests discharge.7.

  1. Section 87(2),  the Mental Healthcare Act, 2017. [↩]
  2. Section 87(3),  the Mental Healthcare Act, 2017. [↩]
  3. Section 87(4),  the Mental Healthcare Act, 2017. [↩] [↩] [↩]
  4. Section 87(5),  the Mental Healthcare Act, 2017. [↩]
  5. Section 87(6),  the Mental Healthcare Act, 2017. [↩]
  6. Section 87(7),  the Mental Healthcare Act, 2017. [↩]
  7. Section 87(8),  the Mental Healthcare Act, 2017. [↩]

Effects of Noise Pollution

Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. Given below are some of the adverse health effects of noise pollution:1

Hearing Loss

Hearing loss can be either temporary or permanent.

  • Noise-induced temporary threshold shift (NITTS) is a temporary loss of hearing experienced after a relatively short exposure to excessive noise.

  • Noise-induced permanent threshold shift (NIPTS) is an irreversible loss of hearing that is caused by prolonged noise exposure. NIPTS occurs typically at high frequencies, usually with a maximum hearing loss which occurs around 4000 Hertz.

Both these losses may occur along with presbycusis, which is a permanent hearing impairment that happens with our natural aging process.

Interference with Communication

Noise interferes with speech communication. If both noise and speech are simultaneous, then one of the two sounds makes the other one inaudible. An important aspect of communication interference happens in:

  • Occupational situations where the failure of workers to hear warning signals or shouts may lead to injury.

  • In offices, schools and homes where noise is a major source of annoyance.

Disturbance of Sleep

Noise intrusion can cause difficulty in falling asleep and can awaken people who are asleep, especially young infants, older people, etc.

Annoyance

Noise annoyance may be defined as a feeling of displeasure evoked by noise. The annoyance-inducing capacity of a noise may happen over time also. For example, if the loudspeaker plays near your house for more than 1 month, then over time you may be annoyed. However, reactions to noise differ person to person depending on many factors, such as sensitivity to noise, etc. For example, you may be able to tolerate noise from a speaker near your house but your grandparents may be more sensitive to noise.

Effect on Performance

Noise can change the state of alertness of an individual and may increase or decrease efficiency. For example mental activities involving vigilance, information-gathering and analysis may be affected by noise.

Physiological Effects

Noise has an explicit effect on the blood vessels, especially the smaller ones known as pre-capillaries. Overall, noise makes these blood vessels narrower. Noise causes the peripheral blood vessels in the toes, fingers, skin and abdominal organs to constrict, thereby decreasing the amount of blood normally supplied to these areas. Blood vessels which feed the brain, dilate in the presence of noise. This is the reason why headaches result from listening to persistent high noise. Some health problems which may occur include:

  • Galvanic skin response. In other words, changes in the body originating from sweat glands in the skin that reflect the intensity of an emotional state.
  • Increased activity related to ulcer formation. Prolonged chronic noise can also produce stomach ulcers as it may reduce the flow of gastric juice and change its acidity.
  • Changes in intestinal motility which is the movements of the digestive system, and the contents within it.
  • Changes in skeletal muscle tension. In other words, the force generated by the contraction of muscles changes.
  • Subjective response irritability perception of loudness
  • Increased sugar, cholesterol and adrenaline
  • Changes in heart rate
  • Increased blood pressure
  • Vasoconstriction. In other words, the constriction of blood vessels which increases blood pressure.

Noise not only causes harmful consequences to health while being awake. It also effects when the body is asleep or unaware2

Stress

Noise may cause stress in any number of ways, including headaches, irritability, insomnia, digestive disorders, and psychological disorders. For example, frequent exposure to excessive noise cause tiredness.

Effect on Unborn Babies and Children

The foetus is not fully protected from noise. Noise may threaten foetal development, like affecting the birth weight. Levels of noise which do not affect adults may interfere significantly with children as they are more sensitive. Reading ability, speech, language, and language-related skills of children may be affected due to noise pollution.

  1. Noise Pollution (V), In re, (2005) 5 SCC 733. [↩]
  2. Noise Pollution (V), In re, (2005) 5 SCC 733; Noise Effects Handbook: A Desk Reference to Health and Welfare Effects of Noise, by Office of the Scientific Assistant, Office of Noise Abatement and Control, US Environmental Protection Agency, October 1979. [↩]

What are the common sexual health issues faced by LGBTQ+ Persons?

Trigger Warning: The following content contains information on sexual health issues which some readers may find disturbing.

A person may be at risk of contracting Sexually Transmitted Infections/Diseases (STI/STD) like gonorrhea, syphilis, AIDS, etc., if they are sexually active. The risk of contraction may be higher if a person fall into certain categories. For example, in a report, the National AIDS Control Program1 identified Men Having Sex With Men (MSM) and transgender persons as one of the high-risk groups for HIV/AIDS.

If a person is sexually active, they should speak to their doctor about STI prevention, screening tests recommended, etc.

Government-Aided Schemes and Clinics

The government has come up with various schemes to help people suffering from STIs, irrespective of gender identity or sexual orientation. Please see here for a state-wise list of clinics providing free services to such persons.

If a person faces any discrimination while accessing medical or psychological healthcare, they can take action to alleviate the problem. Read for more options in our explainer “What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?“.

  1. National Aids Control Organization, Ministry of Health and Family Welfare, Government of India http://naco.gov.in/ [↩]

What is the responsibility of industries to prevent water pollution?

The Central Pollution Control Board and the State Pollution Control Boards fix industry specific standards on water pollution. An industry or business establishment has to take prior permission of the Pollution Control Board of their State to set up any plant or begin operations that can discharge sewage or trade effluent into a stream, well, sewer or on land. It is mandatory to report any modifications like use of any new or modified outlets for the discharge of sewage or making a new discharge of sewage, to the Board1.   Industries must cooperate with the Board for any inspection and adhere to the conditions imposed relating to any discharge outlet and standards on emissions of effluents that can be causes of water pollution.

  1. Section 25, The Water (Prevention and Control of Pollution) Act, 1974. [↩]

Who are the authorities under the air pollution laws?

The Central Pollution Control Board1 and the State Pollution Control Boards2 have been set up under the law to monitor air pollution in India. They have the following powers and functions:

  • Advise the Central and State governments on all matters relating to the prevention, control and reduction of air pollution.  
  • Planning and executing the programmes for the control of air pollution.
  • Prescribing the standards of air quality/AQI.
  • Giving permission to industrial plants to operate in a State.  No industrial plant can be set up or operated without prior permission of that State’s Pollution Control Board.3

Appellate Authorities

The state governments form Appellate Authorities to handle disputes relating to the environment and pollution. For example, in the state of Karnataka, a three member Karnataka State Appellate Authority headed by a retired judge, is the appellate authority.4 Anyone who wants to appeal against an order of a State Pollution Control Board can go before the appellate authorities,5 not any other civil court.6

A person who wants to appeal against the decisions and orders of the Appellate Authority can go before the National Green Tribunal,7 which 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. 

Pollution Control Committees

The Pollution Control Committees are regulatory bodies, set up by the Central Pollution Control Board. The Board can delegate its powers and functions to these Committees for certain areas. For example, the Delhi Pollution Control Committee  was established in 1991 to perform the functions as that of a State Board for the Union Territory of Delhi.8

 

  1. Section 16, Air (Prevention and Control of Pollution) Act, 1981. [↩]
  2. Section 17, Air (Prevention and Control of Pollution) Act, 1981. [↩]
  3. Section 21, Air (Prevention and Control of Pollution) Act, 1981. [↩]
  4. Shibani Ghosh, Sharachchandra Lele and Nakul Heble, ‘Appellate Authorities under Pollution Control Laws in India: Powers, Problems and Potential’, 14/1 Law, Environment and Development Journal (2018), available at http://www.lead-journal.org/content/18045.pdf. [↩]
  5. Section 31, Air (Prevention and Control of Pollution) Act, 1981. [↩]
  6. Section 46, Air (Prevention and Control of Pollution) Act, 1981. [↩]
  7. Section 16(f), National Green Tribunal Act, 2010. [↩]
  8. Delhi Pollution Control Committee, accessed at:https://www.dpcc.delhigovt.nic.in/about#gsc.tab=0. [↩]

Non-Discrimination Among Patients

Doctors and medical personnel are required to keep aside their personal beliefs while treating a patient. They cannot refuse treatment to patients only on the grounds of gender, sexuality, caste, religion, race or place of birth. Further, no one can refuse treatment on the basis of illnesses like HIV+ status or other socially stigmatized conditions.

Discrimination based on caste

If a doctor refuses you treatment based on your caste, it is against your fundamental right guaranteed under the Constitution1 (Right Against Untouchability). If such treatment is refused by a hospital or clinical establishment, a person can seek remedy by making a complaint to a SC/ST  Protection Cell. (( Section 4, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989; Charter of Patient Rights, Ministry of Health and Family Welfare.))

Discrimination based on gender identity or sexual orientation

Persons of the LGBTQ+ community may find it difficult to access safe, secure, dignified medical care for a variety of reasons. However, no one can be denied or discriminated against while providing medical treatment  based only on their gender or sexual orientation. The Government has to2 provide specific healthcare services and ensure access to existing ones for transgender persons. For instance, ensuring non-discrimination against a transgender person by denying or discontinuing healthcare services or unfair treatment to them.3. Doing so will be punishable with jail term between 6 months to 2 years, with a fine.4.

Please see here to know what you can do if you face any harassment. Further, you can also take help and support from lawyers, NGOs, etc who will guide you through any issues you may face.

If you face discrimination at the hands of a doctor or clinical establishment, you can go to several authorities. For instance, you can approach the police, National or State Consumer Protection forums etc. Read more here.

  1. Article 17, Constitution of India, 1950. [↩]
  2. Section 15, Transgender Persons (Protection of Rights) Act, 2019. [↩]
  3. Section 3 (d), Transgender Persons (Protection of Rights) Act, 2019. [↩]
  4. Section 18 (d), Transgender Persons (Protection of Rights) Act, 2019. [↩]

Smoking in a Public Place

Places you cannot smoke

Smoking in public buildings like a restaurant, theatres, healthcare institutions or public transport is a crime. If you are caught smoking in a public place, a police officer can detain you. The punishment is a maximum fine of Rs. 200.

Places you can smoke

Open Spaces

You can smoke in completely open spaces like roads or parks. However, it is still illegal to smoke in public places like bus stops, railway stations or open auditoriums.

Smoking Areas

You can smoke in designated smoking areas. Under this law, hotels (with more than 30 rooms), airports, or restaurants (which can seat more than 30 people) can create a separate smoking area where smokers can smoke.

 

Bail for using Drugs

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

Crimes committed in relation to drugs and substances are all cognisable in nature. This means that the police do not need a warrant from a Magistrate to make an arrest. 

If the crime committed is for a small quantity or less than the commercial quantity of drugs or substances, you can apply for bail directly from the police and the same will be granted to you. It may be contingent on furnishing a personal or other bond. 

Crimes committed for a commercial quantity of drugs or substances are considered non-bailable under law. This does not mean that you will not get bail. You can apply in court and the same will depend on the judge’s discretion. You cannot ask for it as a matter of right.

How is the Government taking action against Covid-19?

Typically, the Government response to an epidemic, such as Covid-19, involves two primary laws – the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005. 

The Epidemic Diseases Act, 1897

The Epidemic Diseases Act, 1897 (“Epidemic Act”) gives the Central Government as well as State Governments the power to take special measures and prescribe regulations to prevent the spread of a dangerous epidemic disease. However, there is no definition of the term ‘Dangerous Epidemic Disease’ under this law.

Throughout the lockdown in India, the Central and State Governments took several actions to control the spread of the disease by:

  • Restricting spread and movement by enforcing lockdowns or curfews.
  • Conducting Covid-19 checks at airports.
  • Travel bans within and between States.
  • Stopping non-essential activities like movie theatres, amusement parks etc.
  • Stopping schools from opening and encouraging online teaching methods.
  • Preventing mass gatherings at weddings, funerals etc.
  • Stopping industries and construction activities.
  • Shutting down offices and workplaces.

State Governments also have the power1 to take measures to prevent the outbreak of an epidemic, by prescribing regulations to be enforced with respect to any person or group of people. An example of this would be Delhi Epidemics Diseases, COVID-19 Regulations, 2020, continuously passed by the Delhi Government to restrict gatherings.

The Disaster Management Act, 2005

Since the Covid-19 outbreak is a “Notified Disaster”, the Disaster Management Act, 2005 applies to it and State Governments will get access to appropriate funds in order to respond and provide immediate relief to victims of the disaster. Through this law, the government can take/has taken action to manage the Covid-19 disaster by:

  • Preventing its  danger or threat of spreading. For example, by enforcing lockdowns.
  • Mitigating or reducing its risk, severity or consequences. For example, researching and implementing vaccine trials in India.
  • Capacity-building and preparing to deal with Covid-19. For example, opening Covid-19 testing centres and camps across states.
  • Assessing the severity or magnitude of the effects of Covid-19. For example, taking surveys and tracking cases through applications such as Aarogya Setu.

The Government imposes periodical lockdowns by giving a set of directions to all Ministries/Departments of the Government of India, State/Union Territory Governments and State/Union Territory Authorities.2 These lockdown orders are published on the Ministry of Home Affairs website.

  1. Seventh Schedule, Constitution of India, 1950; Section 2, Epidemic Diseases Act, 1897 [↩]
  2. Disaster Management Act, 2005; Epidemic Diseases Act, 1897. [↩]

Admission and Discharge in Mental Health Establishments

Admission and discharge in a mental health establishment can be in the following ways:

In the independent mode of admission and discharge, the person has the capacity to make mental health care and treatment decisions, or requires very less support in making such decisions. Therefore, as an independent patient, one consents to every treatment decision. The person is also free to discharge themselves from the establishment.

In the supported mode of admission and discharge,  the person with mental illness does not have the capacity to make mental health care and treatment decisions, or requires very high support in making such decisions.

In addition, separate rules exist for admission as a minor.

  1. The Mental Healthcare Act, 2017 [↩]

Sources of Noise Pollution

Noise pollution is largely a by-product of industrialisation, urbanisation and modern civilisation. Noise pollution has two sources1 i.e. industrial and non-industrial.

  • The industrial source includes the noise from various industries and big machines working at a very high speed and high noise intensity.

  • Non-industrial source of noise includes the noise created by transport/vehicular traffic and the neighbourhood noise generated by various noise pollutants can also be divided into categories, namely, natural and man-made.

Most leading noise sources are:2

Road Traffic Noise

Noise from the motors and exhaust systems of large trucks are common sources of noise pollution. For instance, the interaction of tyres with the roadway by trucks, buses, and private autos cause noise pollution. In cities, the main sources of traffic noise are the motors and exhaust systems of autos, smaller trucks, buses, and motorcycles. Read more on noise from vehicles here.

Noise from Aircraft

Aircraft are a major source of noise pollution and the law prescribes noise limits on airports depending on the aircraft movement and the area where the aircraft is situated, i.e., industrial area or commercial area.

Noise from Railroads

The noise from locomotive engines, horns and whistles, and switching and shunting operations in rail yards are sources of noise pollution. For example, rail car retarders which is a device that reduces the speed of a freight unit or a railway coach, can produce a high-frequency that can reach peak levels of 120 dB at a distance of 100 feet.

Construction Noise

The noise from the construction of highways, city streets, and buildings is a major contributor to the noise and air pollution in cities. For example, construction noise sources include:

  • Air Hammers

  • Air compressors

  • Bulldozers

  • Loaders and

  • Dump trucks

Noise from Industrial Activity

Fans, motors, and compressors mounted on the outside of industrial buildings may disturb people living near noisy manufacturing plants. Above all, noise from machines and industries have a significant impact on industrial workers, among whom noise-induced hearing loss is unfortunately common.

Noise in Buildings

Internal building noise from plumbing, boilers, generators, air conditioners, and fans, can be audible and annoying. Improperly insulated walls and ceilings can reveal the sound of amplified music, voices, footfalls, and noisy activities from neighbours. External noise from emergency vehicles, traffic, refuse collection, and other city noises can be a problem for urban residents. Especially when the windows are open.

Noise from Consumer Products

Certain household equipment, for instance, vacuum cleaners and some kitchen appliances are common sources of noise noisemakers, although their contribution to the daily noise levels is usually not very large.

Fireworks

Indian festivals like Diwali, marriages, etc. use fireworks during celebrations.

However, bursting firecrackers is a health hazard since it is responsible for both air pollution and noise pollution. The noise created is hazardous, can lead sometimes to non-recoverable hearing loss.

  1.  Noise Pollution (V), In re, (2005) 5 SCC 733. [↩]
  2. Noise Pollution (V), In re, (2005) 5 SCC 733. [↩]

What is gender affirmative therapy and corrective surgery for LGBTQ+ persons?

Typically, those who do not identify with the gender assigned to them at birth may want to go through surgeries to align more strongly with their chosen gender. However, a person does not have to go through any surgeries to be given recognition with their self-identified gender.1. In this regard, given below are two of the most common forms of surgeries performed:

  • Gender Affirmative Therapy (GAT) is a set of procedures, from psychological counselling to sex reassignment surgeries, which aim to change a persons appearance so that it will conform more strongly with the self-identified gender.  For example, Rita was identified to be female at birth, but while growing up, identifies herself as male, and may undergo GAT to masculinize her appearance through breast removal surgery, etc.

The Supreme Court1 has held that it is a constitutional right for a person to be affirmed as male or female after the respective GAT, and that there is no impediment, legal or otherwise, in undergoing GAT.

  •  Corrective surgery/intersex surgery refers to procedures done to modify sex characteristics and genitals when they are anomalous, meaning when there is no clear distinction between male and female genitals.  For example, a child, Nakul, is born with both male and female genitalia, and decides that he self-identifies and feels that his gender is male, and thus, undergoes corrective surgery to align more strongly to the male gender.

Though nation-wide regulations do not exist, some states, like Tamil Nadu, have banned unnecessary medical procedures on infants, to prevent illegal corrective surgery at a young age2.

Procedure for GAT and Corrective Surgery

In India, there are no guidelines for eligibility, procedure, etc. or laws on GAT or Corrective Surgery.

If a person faces any discrimination while accessing medical or psychological healthcare, they can take action to alleviate the problem. Read for more options in our explainer “What are the options if there is discrimination and harassment by medical personnel against LGBTQ+ persons?“.

  1. National Legal Services Authority v. Union of India & Ors (AIR 2014 SC, 1863 [↩] [↩]
  2. Arunkumar vs The Inspector General Of Registration (WP(MD) No. 4125 of 2019 [↩]

What are the offences under this law?

Crime Law Punishment
Prohibition on use of stream or well for disposing polluting matter Intentionally polluting or allowing the entry of poisonous, harmful, contaminating material into any stream, sewer or land1 Or Allowing the introduction of any matter that might obstruct the flow of the water or stream, which can make pollution worse as a cause or of its consequences2 is prohibited.
Except if the State Government (after consultation with the State Board) has excused any persons from meeting these conditions.3		 The punishment is jail time for one and half years up to six years, with fine.4
Failure to comply with the directions of the State Board When a person or industry fails to follow the directions that the the State Boards have given about: the flow of volume of discharge into the water stream and provide the information required5 the installation, construction or operation of a disposal system for any establishment for preventing and controlling water pollution6 The punishment is jail time for three months and fine upto Rs. 10,000, which if the failure to comply continues, attracts an additional fine of Rs. 5,000 per day.7
Failure to follow the any order of the Board with respect to emergency measure or a direction of the Courts

Other Acts

 Failure to abide by any order of the State Board for immediately restraining or forbidding a person from discharging poisonous, harmful or contaminating matter into a stream or well or land or making it unclean for use8
Failure to follow an order of the Court for restraining polluting activities9
Failure to follow any direction made by the Central Government about water pollution10
If the failure to follow the above-mentioned orders and direction continues for more than one year, after the date of initial conviction.11
If a person-destroys, pulls down, removes, injures, demolishes any pillar, post or pole, that is fixed in the ground or any notice is placed upon it or any matter is inscribed on it or placed by it or is under the authority of the Board. or Obstructs any other person, who is performing the orders or directions of the Board, from exercising their functions under law. Damaging any property belonging to the Board. Fails to provide information required to any officer of the Board Fails to inform the Board or other agencies of any accident or incident which results in discharge of excess effluents into the water bodies. Fails to provide information required of them for the purposes of reducing and preventing water pollution or intentionally making false statements. Makes false statements about the discharge outlets and standards of effluents, to get the consent of the Board .12		 The punishment is jail time for one year and six months, which might extend to six years with fine. An additional fine of Rs. 5000 per day, can also be levied if the failure to comply continues.13

The punishment is jail time for two to seven years, with fine.11

The punishment is jail time upto six months with a fine of Rs. 10,000.12
Operation or establishment of an industry without the consent of the Board If an industry or its operations or any treatment or disposal plant is established without the prior permission of the State Board14, Or Any industry or process discharges sewage or effluents into the water stream or well or sewer or land, in excess of the standards laid down by the State Board and without the Board’s consent.15 The punishment is jail time of two to six years with fine16. Furthermore, a higher water cess can be levied.17

The punishment is jail time for one year and six months up to six years with fine.18
If a person is found guilty under this provision, more than once, then there would be stronger punishment for the second and every subsequent conviction.18
Acts for which no punishment has been laid down by law Any other polluting acts or acts that contaminate water bodies or acts which restrict the prevention and control of water pollution or affect water purity The punishment is jail time upto three months with a fine of Rs. 10000. On Continued contravention of law, an additional fine of Rs. 5000 will also be levied.19
Environmental pollution: pollution of air, water or land Violation of any provision of the Environmental Protection Act, 1986 i.e., pollution of air, water or land or any harm to the environment. The punishment is jail time upto 5 years and a fine that may extend to one lakh rupees. Continued failure to comply with the law will lead to an additional fine of Rs. 5000 for every day of non-compliance.20
Contaminating public spring or water reservoir If a person intentionally and voluntarily, contaminates or pollutes the water of a public spring or reservoir, in order to make it unfit for use or consumption.21 The punishment is jail time upto three months and fine upto Rs. 500 or both.21
Releasing of harmful pollutants  into the environment Releasing harmful pollutants into the environment forms is inclusive of water pollution and forms part of the offence of public nuisance22 The  punishment is a  fine of Rs. 500.23
Engaging in activities that are harmful to the health and physical comfort of the community Operating industries and other processes that pollute water bodies and groundwater, and which  cause harmful health issues as well as discomfort to the people. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort.24 An order under Section 133 Code of Criminal Procedure, 1973 for removal of nuisance can be passed by the Magistrate to stop such activities
  1. Section 24(1)(a), The Water (Prevention and Control of Pollution) Act, 1974 [↩]
  2. Section 24(1)(b), The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  3. Section 24(3),The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  4. Section 43, The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  5. Section 20(2), The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  6. Section 20(3), The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  7. Section 41(1), The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  8. Section 32(1)(c),The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  9. Section 33(2), The Water (Prevention and Control of Pollution) Act, 1974 [↩]
  10. Section 33A, The Water (Prevention and Control of Pollution) Act, 19 [↩]
  11. Section 41(3), The Water (Prevention and Control of Pollution) Act, 1974. [↩] [↩]
  12. Section 42, The Water (Prevention and Control of Pollution) Act, 1974. [↩] [↩]
  13. Section 41(2), The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  14. Section 25, The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  15. Section 26, The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  16. Section 44,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  17. Schedule II, The Water (Prevention & Control of Pollution) Cess Act, 1977. [↩]
  18. Section 45, The Water (Prevention and Control of Pollution) Act, 1974. [↩] [↩]
  19. Section 45A,The Water (Prevention and Control of Pollution) Act, 1974. [↩]
  20. Section 15, Environmental Protection Act, 1986. [↩]
  21. Section 277, Indian Penal Code 1860. [↩] [↩]
  22. Ratlam Municipality v. Vardhi Chandra, 1980 AIR 1622. [↩]
  23. Section 290, Indian Penal Code, 1860. [↩]
  24. Section 133, Code of Criminal Procedure, 1973. [↩]

What is the National Air Quality Monitoring Programme?

The Central Pollution Control Board established the National Air Quality Monitoring Programme (NAMP) to track air quality across 29 states and 6 union territories. The aim of NAMP is to:1

  • Determine the status and trends of ambient air quality.
  • Determine whether the prescribed ambient air quality standards are being violated.
  • Identify cities that do not meet the National Ambient Air Quality Standards (NAAQS) over a 5-year period consistently and designate them as non-attainment cities.
  • Gather knowledge and proper understanding for developing preventive and corrective measures.
  • Understand the natural cleaning process taking place in the environment through pollution dilution, dispersion, wind-based movement, dry deposition, precipitation and chemical transformation of pollutants.

 

The NAMP monitors the four major pollutants as part of the AQI – sulphur dioxide, oxides of nitrogen, respirable particulate matter and fine particulate matter. It also checks wind speed and direction along with relative humidity and temperature.

The NAMP is a result of the joint efforts of the Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and National Environmental Engineering Research Institute (NEERI), Nagpur.

 

  1. Central Pollution Control Board, available at  https://cpcb.nic.in/about-namp/. [↩]

Transparency in Rates of Medicines and Treatments

The law regulates all costs that are levied on patients for services, tests and treatments rendered by medical establishments.1. This prevents overcharging and ensures that medicines are accessible for the public.

Transparency of Rates and Charges

All clinical establishments have to clearly display the rates that they charge for each service.2.This creates transparency and helps patients take an informed decision about their treatment.  Physicians have to prioritise the interest of patients over their own financial gains.3. They should announce their fees before beginning a treatment so that the patient can make a well-informed choice. Further, patients have the right to receive a detailed, itemised receipt of the costs incurred in their treatment. For instance, details of treatment costs have to be provided by clinical establishments in the form of a brochure/booklet of rates of services.

Rates of Medicines

To protect patients from getting overcharged, clinical establishments should charge authorized rates for each type of procedure and service. An authorized range of rates is issued by the Central Government (with the help of National Pharmaceutical Pricing Authority) from time to time, in consultation with the State Governments.4

To secure quality healthcare for all, the Government releases Drug Price Control Orders from time to time.5.These orders control the prices of essential drugs at rates that are easily affordable for the average person.  The hospital administration has the responsibility to sell medicines, devices and implants at maximum retail price (MRP) rates and not at higher rates.

Further, India also has a National List of Essential Medicines (NLEM) which forms the basis of drug price regulation in the country.

Rates of Medicines

State governments also notify their own lists of essential medicines, depending on their requirements.  Additionally, the Central government notifies the fixed rates for medicines under its various health schemes:

  • Life-saving drugs under the Central Government Health Scheme (list)
  • Generic drugs under the Central Government Health Scheme (list)
  • Branded drugs under the Central Government Health Scheme (list)
  • Medicines available under the Pradhan Mantri Jan Aushadhi Yojana

Further, you can buy medicines online at reasonable prices from the Jan Aushadhi Sugam (Generic medicines available at affordable rates)

  1. Charter of Patients Rights, Ministry of Health and Family Welfare. [↩]
  2. Section 9 (i), Clinical Establishments (Central Government) Rules, 2012. [↩]
  3. Section 1.8, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  4. Section 9 (ii), Clinical Establishments (Central Government) Rules, 2012. [↩]
  5. Section 3, Essential Commodities Act, 1955. [↩]

Selling Cigarettes

There are some prohibitions and restrictions when it comes to selling cigarettes. It is illegal1 to:

  • sell cigarettes or tobacco products to people under 18
  • sell cigarettes or tobacco products within 100 yards of any educational institution

If you are caught selling cigarettes to minors (under 18), a police officer can detain you and take you to the Magistrate in 24 hours.  You will be punished with jail time up to seven years and a fine up to one lakh rupees.

  1. ​​Section 77, Juvenile Justice Act; Section 6, The Cigarettes and Other Tobacco Products Act, 2003. [↩]

Vehicle Stop and Search

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

If an authorised police officer has reason to believe that a vehicle or an animal is being used to transport narcotic drugs, psychotropic or controlled substances, he has the power to stop such vehicle or animal and search it accordingly. This power to stop includes all lawful means, including firing upon the vehicle or animal if necessary. 

Such a police officer would also have the power to compel an aircraft to land if he thinks it is necessary to carry out a search.

How are lockdowns imposed during Covid-19?

The COVID-19 lockdown across States is used as a measure to prevent the further spread of the disease. 

The lockdown is imposed through a set of orders by which the National Disaster Management Authority (National Authority) requests all Government Ministries/Departments including State/Union Territory Governments to take effective measures  to prevent the spread of Covid-19 in the country. The National Authority has the power to issue guidelines1 on how the lockdown should be implemented, and can request the government to comply with their directions and implement them strictly. These lockdown orders are published on the Ministry of Home Affairs website.

During the lockdown period, the government provides and allows the provision of many essential services , whereas non-essential services are temporarily suspended. For example, essential services like medicines are available while non-essential services like amusement parks may be stopped for some time. Some of the services available also depend on the State Government, so it is important to know the directions given in the State. 

  1. Section 6, Disaster Management Act, 2005 [↩]

Silent Zone

An area comprising not less than 100 meters around hospitals, educational institutions and courts are known as silence areas or silence zones.  In a silent zone you cannot:

  • Play any music
  • Use a public address system
  • Raise any sound amplifiers
  • Beat a drum or tom-tom
  • Blow a musical or pressure horn, or trumpet or
  • Play sounds on any instrument, or
  • Exhibit any mimetic, musical or other performances to attract crowds.

Noise at Night 

In silent zones and residential areas you cannot cause noise pollution at night time (between 10.00pm and 6.00am) by:

  • Using the horn except during a public emergency.
  • Burst fire crackers which cause a lot of sound
  • Operate sound emitting construction equipment

If you see any of these happening and you can file a complaint with the police and other authorities who will take action to prevent the noise.

Punishment for Noise Pollution

Anyone who causes noise pollution in silent zones will be punished with jail time and a fine.

Independent Admission and Discharge

Independent admission means the admission of a person who has the capacity to make mental health care decisions, or requires very less support in making them. An independent patient is given treatment only after informed consent1 (i.e. permission given after complete knowledge of the treatment and its consequences). Additionally, an independent patient must follow the rules of the establishment, if admitted2.

Criteria for Admission

The mental health professional in charge of the establishment must ensure that3 :

  • The person has a mental illness severe enough to require admission,
  • They will benefit from the admission
  • They have understood the nature and purpose of admission
  • The person has made the request for admission of their own free will and have the capacity to take mental health care and treatment decisions.

Procedure for Admission

A person can admit themselves in an establishment if they want to and are above the age of 18 years. To do this, they must request the professional in charge of the establishment3. The professional does not require permission from anyone to admit an independent patient. For example, the nominated representative or the caregiver4.

Discharge

A person does not need the permission of the professional for discharge5. Additionally, they should be discharged immediately6. However, the person may be retained for 24 hours to assess whether they need to be admitted as a supported patient. However, this happens only if the professional believes that7:

  • The person is unable to understand the nature and purpose of their decisions and requires substantial support from their nominated representative
  • They have recently threatened/attempted to cause physical harm to themselves
  • The person has recently behaved violently towards someone else or has caused someone else to fear physical harm from them
  • They have recently shown an inability to care for themselves to the extent that they pose a danger to themselves.

 

  1. Section 86(5),  the Mental Healthcare Act, 2017. [↩]
  2. Section 86(4),  the Mental Healthcare Act, 2017. [↩]
  3. Section 86(2),  the Mental Healthcare Act, 2017. [↩] [↩]
  4. Section 86(6),  the Mental Healthcare Act, 2017. [↩]
  5. Section 86(7),  the Mental Healthcare Act, 2017. [↩]
  6. Section 88(1),  the Mental Healthcare Act, 2017. [↩]
  7. Section 88(3),  the Mental Healthcare Act, 2017. [↩]