Theme: Health & Environment

Making an Advance Directive

An advance directive is a legal document that specifies the healthcare decisions that should be taken for a person in case they are not capable of making such decisions. It comes into force when someone no longer has the capacity to make healthcare-related decisions. Once the person regains the ability to make mental healthcare decisions, then the advance directive ceases to be operational.

The document has to include1:

Only major persons  (those who have completed 18 years of age) can make this document. Please note that any decision taken by a person (when they have the ability to make such decisions) will override the advance directive2. However, if a person requires emergency treatment3then the directions in the advance directive need not be followed. For example, the advance directive does not apply in suicide cases.

To make the document, you should approach an NGO which works in this field or a lawyer, who will be able to help you out.

  1. Section 5(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 5(4), the Mental Healthcare Act, 2017. [↩]
  3. Section 9, the Mental Healthcare Act, 2017. [↩]

What is the role of courts in regulating water pollution?

The Supreme Court and High Courts along with the National Green Tribunal have made an immense contribution in the regulation of water pollution. The National Green Tribunal 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. While the High Courts do not have absolute powers over the orders of the Tribunal, the Supreme Court is the ultimate authority over the orders of the Tribunal. The Supreme Court, High Courts and the National Green Tribunal have ruled on a number of cases relating to water pollution and enforced the proper implementation of the law. Decisions by the Courts have led to the cementing of ‘polluter’s pay principle’ and ‘the precautionary principle’ for the purposes of imposing liability onto the polluter or the potential polluter. The Courts have the power to enforce punishments for noncompliance of the orders of the Pollution Control Boards or any other violation of the law.

Referral and Transfer to Doctors or Hospitals

All patients have a right to ‘continuity of care’. Service and quality of care given to a patient cannot change if a patient is:

  • Referred to a different doctor
  • Transferred to a different facility.

It is the patient’s right to get complete information while transferring including1:

  • Reason for transfer
  • Alternative options available
  • Confirmation of acceptance of transfer from the other facility

Sometimes doctors may request consultation with specialists. In addition, during treatment with specialists, the attending physician must share the patient’s case summary. This will enable the specialist can give his opinion in writing to the physician.2.

Regardless of favors, like monetary benefits, commissions, or any benefits in kind, doctors cannot have any commercial interests. For instance, the World Health Organization has put out guidelines that may be adopted to ensure efficiency in the medical referral system.

  1. Section 3.6, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  2. Section 3.6, Indian Medical Council Regulations, 2002. [↩]

Smoking Rooms

Under the law, certain public places, such as airports, workplaces, etc., may have a room for smoking any tobacco product within their premises. These smoking rooms must abide by the following specifications1:

  • The room is physically separate and walled on all four sides
  • The entrance must have an automatically closing door
  • Has negative air pressure (a technique often used to prevent cross-contamination between rooms) when compared with the rest of the building
  • Has an airflow system. This must allow the air to flow outside and not mix with other parts of the building, among other specifications2
  • A board should be displayed at the entrance of at least 60 cm × 30 cm which states (in English and one Indian language) that “tobacco smoking is harmful to your health and the health of non-smokers” and the “entry of persons below the age of eighteen years is prohibited.”3

In addition, depending on the kind of establishment, more rules may apply for the smoking area. For example, for airports and restaurants with capacity to seat at least 30 persons, the smoking room cannot be at the entrance or the exit.4

 

  1. Section 2(e), the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  2. Schedule I, the Prohibition of Smoking in Public Places Rules, 2008. [↩]
  3. Section 2, the Prohibition of Smoking in Public Places (Amendment) Rules, 2017. [↩]
  4. Section 4(2), the Prohibition of Smoking in Public Places Rules, 2008. [↩]

Illegal entry, search, seizure and arrest by police

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

The law punishes those police officers who maliciously or vexatiously do the following acts1:

  • Enter and search or direct other officers to enter and search a place or a vehicle without any reasonable suspicion. 
  • Intentionally and unnecessarily seize property or documents under the pretence of searching and seizing narcotic drugs or psychotropic substances. 
  • Intentionally and unnecessarily detain, search or arrest any person
  • The punishment for these crimes is imprisonment for up to 6 months and/or fine of Rs. 1000. 

False Complaints

The law also punishes those who willfully give wrong information to the police officers that eventually causes the wrongful search and arrest of people with imprisonment up to 2 years and/or fine2. 

  1. Section 58 (1), Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Section 58 (2), Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

Which law regulates vaccines in India?

In India, the Drugs and Cosmetics Act, 1940 regulates the manufacture and distribution of  drugs and vaccines.

Authority regulating vaccines

The Central Drugs Standard Control Organization (CDSCO) is the main regulatory authority. The Drugs Controller General of India (DCGI) is an official member of the CDSCO who is the final regulatory authority for the approval of clinical trials in India.

Procedure for approval for vaccines

The detailed procedure that needs to be followed to get approval for producing vaccines that can be used by the public involves :

Application for approval to manufacture the vaccine 

No vaccine can be manufactured for sale without approval from the Licensing Authority appointed by the Central Government. The manufacturer must apply to the Licensing Authority to allow manufacture of the vaccine1.

Application for permission to conduct clinical trials for the vaccine 

  • Clinical trials need to be conducted for the vaccine with the permission of the Licensing Authority.
  • The Licensing Authority will give permission to conduct the clinical trials based on a few conditions. The clinical trial has to be conducted according to specified protocols and ‘Good Clinical Practice Guidelines’, and the approval of an Ethics Committee is needed before conducting the trial. Further, the clinical trial must be registered at the Clinical Trials Registry of India. The Licensing Authority’s permission is required to import a vaccine from a foreign country. While applying for permission, the vaccine importer must submit data on the results of local clinical trials of the vaccine carried out according to the specified guidelines. However, this is not necessary if the drug is of such a nature that the Licensing Authority in public interest decides to grant permission on the basis of data available from other countries2.

Suspension or cancellation of permission 

If the Licensing Authority feels that all the required conditions are not fulfilled, it can also cancel the permission for conducting trials after giving reasons for such cancellation. A person can approach the Central Government to appeal against any order of the Licensing Authority3.

  1. Section 122B, Drugs and Cosmetics Act, 1940. [↩]
  2. Section 122DA, Drugs and Cosmetics Act, 1940 [↩]
  3. Section 122DB, Drugs and Cosmetics Act, 1940. [↩]

Filing A Noise Complaint

If any noise is being made which causes you annoyance, discomfort or any injury, then you can file a complaint with the authorities given below. You can also complain if you know that the noise level has exceeded the noise standards by 10 dB(A) in any area or there is noise pollution that happens at night between 10:00 pm and 6:00 am.

Police

You can complain to the nearest police station, call 100 or file an online complaint with your State’s police complaint portal if you want to prevent noise pollution. The officer in charge of the police station, police commissioner or any officer (not below the rank of Deputy Superintendent of Police) can take action by:

  • Seizing equipment, 
  • Stopping the use of a microphone or loudspeaker, etc.
  • Going to the Pollution Control Board and getting a written order prohibiting the noise.  

Central and State Pollution Control Board

The Central Pollution Control Board (CPCB) provides technical services to the Ministry of Environment and Forests for implementation of the provisions of the Environment (Protection) Act, 1986. Its main functions are to promote cleanliness of water in streams, wells, etc. and prevent water pollution. The Board also has the duty to improve the quality of air by preventing air and noise pollution. The Head Office of the CPCB is in New Delhi and they also have several regional offices across states.

Even though the offices of the CPCB are only there in a few states, every state also has an office known as the State Pollution Control Board (SPCB). You can also approach the SPCB offices to file a complaint. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

  • Any vocal or instrumental music
  • Sounds caused by  playing, beating, clashing, blowing 
  • Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus which is capable of producing or reproducing sound
  • Sounds caused by bursting of sound emitting fire crackers
  • Sounds caused from a business operation, or trade, for example, business of manufacture of utensils, etc.

The authorities may give an opportunity to the person who made the noise to be heard and then may modify or alter the order.  

Courts

District Magistrate

You can approach the nearest District Magistrate (Court) with the help of a lawyer to complain about noise pollution. The Court has the power to temporarily stop or remove the nuisance caused by noise pollution. The Court may pass the following orders after hearing out the person who caused the noise pollution:

  • Temporary order or injunction to stop the noise
  • Order to remove the noise or regulate it
  • Permanent order to remove the noise pollutant and stop the noise 

National Green Tribunal

The National Green Tribunal (NGT) is a specialised judicial body where you can go to file environmental cases including noise pollution cases. The NGT was set up to: 

  • Provide effective and expeditious remedies for  environmental protection,
  • Conservation of forests and other natural resources
  • Enforcement of any legal right relating to the environment. 

The NGT’s orders are binding and it has power to grant relief in the form of compensation to affected persons.

Locations of the Tribunal

The NGT has a presence in five zones – North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi. The Central zone bench is situated in Bhopal, East zone bench in Kolkata, South zone bench in Chennai and West zone bench in Pune.

Filing a Complaint with the NGT

Any person seeking relief and compensation for environmental damage or pollution involving subjects like air pollution, environment pollution, water pollution, etc. can  approach the NGT. The decisions of the NGT are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision. 

You can engage a lawyer if you want to approach the Court to file a case or file an appeal from a judgment of a lower Court.

Appointing Someone on your Behalf

A nominated representative is a person who is appointed by a person with mental illness to discharge the following duties1:

  • Consider the wishes, life history, values, cultural background and the best interests of the person with mental illness, and give importance to their views regarding such decisions.
  • Provide support to the person with mental illness in making treatment decisions.
  • Seek information on diagnosis and treatment to provide adequate support to the person with mental illness.
  • Have access to the family/home-based rehabilitation services with respect to the person with mental illness.
  • Be involved in discharge planning. This includes, discharge back into the community or transfer of their care to a new psychiatrist/mental health establishment.
  • Apply to the mental health establishment for admission of the person with mental illness.
  • Apply to the concerned Mental Health Review Board on behalf of the person with mental illness for discharge or to complain regarding any violation of rights.
  • In case of the admission of a minor in the mental health establishment, appoint a suitable attendant who will stay with the minor.
  • Have the right to give/withhold consent for research that can be conducted on the person with mental illness.

Criteria for Appointment of a Nominated Representative

To appoint a nominated representative, a person should be2:

  • Major (above 18 years of age)
  • Competent to discharge their duties
  • Able to give written consent to being the nominated representative. However, the respective mental health professional should get this in writing.

Order of Appointment of a Nominated Representative

If you are a person with mental illness, you can yourself appoint a nominated representative. However, if you do not appoint  a nominated representative, then the following people shall be considered as your nominated representative (in  this order from first to last)3:

  • The individual appointed as a nominated representative in the advance directive
  • A relative
  • A caregiver
  • A person appointed by the Mental Health Review Board
  • The Director of the Department of Social Welfare, or their designated representative

Additionally, to appoint a nominated representative, you should approach an NGO which works in this field or a lawyer, who will be able to help you out.

  1. Section 17, the Mental Healthcare Act, 2017. [↩]
  2. Section 14(3),  the Mental Healthcare Act, 2017. [↩]
  3. Section 14(4),  the Mental Healthcare Act, 2017. [↩]

Right to Choose Source for Medicines/Tests

Patients have the right to decide where they want to buy medicines from or where they want to get tests done from.1.This ensures that no limit to a patient’s options while choosing pharmaceutical brands or medicines. For example, if a doctor forces you to buy overpriced medicines for the purpose of earning a commission, you have the right to refuse such medicines. Further, patients can get tests done from any diagnostic centre/laboratory accredited by the National Accreditation Board for Laboratories (NABL). You can check for a list of accredited laboratories here.

The doctor or hospital administration must inform patients regarding the information given above. No one can force a patient to buy medicines or do tests from a particular facility. Further, this should not result in unfair treatment if the patient decides to choose their own facility or medicine store.1

  1. Charter Patient Rights, Ministry of Health and Family Welfare [↩] [↩]

Packaging and Warning Labels on Tobacco Products

Packaging of Tobacco Products

Under the law, every package of cigarettes, or any other tobacco product, must contain the following details1:

  • Name of the product
  • Name and address of the manufacturer, importer or packer
  • Origin of the product (in case of import)
  • Quantity of the product
  • Date of manufacture

More details may be added to this list by the government from time to time.

Warning Labels on Tobacco Products

It is mandatory for every package of cigarettes, or any other tobacco product, has a health warning2. Such a warning must follow certain specifications, such as:

  • For both smoking and smokeless forms of tobacco products, the warning “TOBACCO CAUSES PAINFUL DEATH” and the words “QUIT TODAY CALL 1800-11-2356” should be printed on the package3. This is enforceable from September, 2020.
  • The warning should cover at least 85 percent of the largest side of the package, 60 percent being the picture and 25 percent being the text.4
  • The ill-effects of tobacco on health are pictorially represented below the warning. For example, a picture of mouth cancer5
  • The warning should appear in English, Hindi and any other regional languages.6

Selling Tobacco without Warning Label

If you produce or sell tobacco products without the required warnings, you may be punished in the following manner:

  • In case of production, you may face jail time of up to 2 years and/or a fine of up to Rs. 5,000 on the first offence. On every subsequent offence, you may face jail time of up to 5 years and a fine of Rs. 10,000.7
  • In case of sale, you may face jail time of up to 1 year, and/or a fine of up to Rs.1,000, on the first offence. On every subsequent offence, you may face jail time of up to 2 years and a fine of up to Rs. 3,000.8

 

  1. Section a(iv), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014. [↩]
  2. Section 3(a), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008. [↩]
  3. Section b(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020. [↩]
  4. Section 2(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014. [↩]
  5. Schedule 1(2), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008. [↩]
  6. Section b(iii), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020. [↩]
  7. Section 20(1), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]
  8. Section 20(2), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Cannabis

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

As per Indian law, possession and use of cannabis are illegal. However, from the cannabis plant only activities relating to the flowering part, aka Ganja/Weed, and the resin, aka Hashish, hash or charas, are illegal. 

Ganja/Weed

Ganja, also known as Weed, refers to merely the flowering part of the cannabis plant that becomes the fruit of the cannabis plant. The production, manufacture, possession, sale, purchase, transport, inter-state import/export, and the use of Ganja is banned in India. The punishment for carrying out any of these activities is proportional to the quantity of Ganja involved and not the type of activity.

  • Small amount (up to 1 kg):  Jail time up to 1 year, and/or fine up to Rs. 10,000.
  • Between 1 kg and 20 kgs: Jail time up to 10 years, and fine up to Rs. 1 lakh.
  • Commercial amount (20 kg): jail time  between 10 years and 20 years, and fine between Rs 1 lakh and Rs 2 lakh. The Court may also impose fine exceeding Rs. 2 lakh by recording reasons in the judgment.1

Charas/Hash

Charas is the separated resin (crude or purified) obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish. The production, manufacture, possession, sale, purchase, transport, inter-state import/export, and the use of Charas is banned in India. The punishment for carrying out any of these activities is proportional to the quantity of Charas involved and not the type of activity. 

  • Small amount (up to 100 grams): jail time  up to one year, and/or fine up to Rs. 10,000.
  • 100 grams – 1 kg: jail time  up to ten years, and fine up to Rs. 1 lakh. 

Commercial amount (1 kg): jail time  between ten years and twenty years, and fine between Rs 1 lakh and Rs 2 lakh. The Court may also impose fine exceeding Rs. 2 lakhs by recording reasons in the judgment.1

  1. Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩] [↩]

How do you get Covid-19 vaccination in India?

In India, the Government’s regulator for drugs CDSCO (Central Drugs Standard Control Organization) has allowed two vaccines which are:

  • Covishield (Oxford-AstraZeneca vaccine developed in the UK) and 
  • Covaxin (by Bharat Biotech). 

These vaccines have only received the permit to be used in a restricted manner for emergency situations. This means that they can be used despite the companies not having completed the entire procedure of clinical trials1. 

Cost and manner of vaccination

Currently, the vaccine provided in the first phase of vaccination will be given free of cost. Two doses of the same vaccine, given 28 days apart, will be required to be taken by an individual to complete the vaccination2

Priority groups getting vaccinations

The first phase of the Covid-19 vaccine will be administered to priority groups including:

  • Health Care Workers (HCWs): Health care providers and workers in health care settings (Public and Private), including ICDS (Integrated Child Development Services) workers. 
  • Frontline Workers (FLWs): Personnel from State and Central police department, armed forces, home guard, prison staff, disaster management volunteers and civil defense organization3, municipal workers and revenue officials engaged in Covid-19 prevention, containment, surveillance and associated activities. 
  • Persons More than 50 years of age and less than 50 years with co-morbidities like diabetes, hypertension, cancer, lung diseases etc4.

Process to get vaccinated in India 

Covid-19 vaccine will be provided only to beneficiaries pre-registered in the COVID Vaccine Intelligence Network (Co-WIN) system at www.cowin.gov.in ((COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://www.mohfw.gov.in/pdf/FAQsonCOVID19VaccineDecember2020.pdf)).

Step 1: Registration

Any person can register  by providing  basic demographic details like name, date of birth, permanent and current address, and details of co-morbidities, if any.  They will be required to provide their photo identity from one of the following: 

  • Aadhaar Card
  • Driving License
  • Health Insurance Smart Card issued under the scheme of Ministry of Labour
  • MGNREGA Job Card 
  • Official identity cards issued to MPs/MLAs/MLCs
  • PAN Card
  • Passbook issued by Bank/Post Office
  • Passport
  • Pension Document
  • Service Identity Card issued to employees by Central/State Govt./PSUs/ Public Limited Companies
  • Smart Card issued by RGI under NPR 
  • Voter ID Card

Step 2: Date and Place of Vaccination

Following online registration, the beneficiary will receive an SMS on their registered mobile number regarding the Health Facility where the vaccination will be provided, along with the scheduled date and time for the same. 

Step 3: Verification of Identification Proof

The Photo ID produced at the time of registration must be produced to the health officials and they will verify it  at the time of vaccination5. 

Step 4: Acknowledgment after receiving the vaccination

On getting a due dose of Covid-19 vaccine, the beneficiary will receive SMS on their registered mobile number. 

Step 5: Results

After all doses of vaccine are administered, a QR code based certificate will  be sent to the registered mobile number of the beneficiary. Their information will be uploaded on the Co-WIN platform6. 

Even after getting vaccinated, people are required to continue taking the key precautions like wearing a mask, maintaining hand sanitization and physical distance ( 6 feet or Do Gaj)7.

  1. Press Statement by the Drugs Controller General of India (DCGI) on Restricted Emergency Approval of COVID-19 Virus Vaccine, accessed at https://pib.gov.in/Pressreleaseshare.aspx?PRID=1685761#:~:text=The%20Subject%20Expert%20Committee%20of,III%20clinical%20trial%20of%20M. Covishield and Covaxin Is in Phase II/III and in Phase III of clinical trails respectively (as on Jan 2021. [↩]
  2. FAQ on COVID-19 Vaccines,  Ministry of Health and Family Welfare, accessed at https://www.mohfw.gov.in/pdf/FAQsonCOVID19VaccineDecember2020.pdf [↩]
  3. Directorate General, Fire Services, Civil Defence & Home Guards, Ministry of Home Affairs, available at https://dgfscdhg.gov.in/civil-defence. [↩]
  4. COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-3 [↩]
  5. FAQ on COVID-19 Vaccines,  Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-31 [↩]
  6. FAQ on COVID-19 Vaccines,  Ministry of Health and Family Welfare, accessed at  https://main.mohfw.gov.in/newshighlights-31 [↩]
  7. FAQ on COVID-19 Vaccines, Ministry of Health and Family Welfare, accessed at  https://main.mohfw.gov.in/newshighlights-31 [↩]

Confidentiality of Health Related Information

The right to confidentiality of a person with mental illness about their mental health, mental healthcare and physical healthcare1 means that the mental health professional who is providing care/treatment must keep all such health related information private, and not reveal it without the person’s consent .

This also includes the release of information to the media, such as the release of photographs or any other information without consent2.

For instance, information is released by the relevant medical professional in the following cases3:

  • To the nominated representative to enable them to fulfil their duties
  • To other health professionals to enable them to provide care and treatment
  • If it is necessary to protect any person from harm or violence or threat to life
  • On an order by an authority, such as the Mental Health Review Board, High Court, Supreme Court, etc.
  • In the interests of public safety and security.

The right to confidentiality of the person with mental illness applies to all information stored in electronic or digital format.4.

  1. Section 23(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 24(1), the Mental Healthcare Act, 2017. [↩]
  3. Section 23(2),  the Mental Healthcare Act, 2017. [↩]
  4. Section 24(2),  the Mental Healthcare Act, 2017. [↩]

Safe and Quality Healthcare

It is the duty of medical establishments to provide a safe and clean environment for treatment. Infection control measures, safe drinking water and sanitation facilities should be provided in accordance with BIS (Bureau of Indian Standards)/FSSAI (Food Safety and Standards Authority of India) guidelines. The standard of care to be followed with regard to medical equipment and infrastructure has been mentioned in the Clinical Establishment (Central Government) Rules, 2012. The National Accreditation Board for Hospitals and Healthcare Providers (NABH) has released standards to be followed by hospitals for quality assurance.

If a doctor causes death of a patient due to a rash or negligent act, they can be punished for such death.1 If hurt2 or grievous hurt3 is caused to a patient as a result of the rash or negligent act of a medical professional, the medical professional can be punished with jail term up to 1 year4 (in case of hurt)/7 years or fine or both5

  1. Section 304 A, Indian Penal Code, 1860. [↩]
  2. Section 319, Indian Penal Code, 1860. [↩]
  3. Section 320,  Indian Penal Code, 1860. [↩]
  4. Section 323, Indian Penal Code, 1860. [↩]
  5. Section 325, Indian Penal Code, 1860. [↩]

E-Cigarettes

An electronic cigarette, or e-cigarette, refers to an electronic device that heats any substance (regardless of whether it has nicotine or any flavour) to create an aerosol that can be inhaled.

E-cigarettes used to be unregulated in India till 2019. However, they were later declared illegal.

Under the law, the following is banned:

Production/manufacture of e-cigarettes

It is illegal for you to produce or manufacture e-cigarettes1. If you do not follow this, the punishment is jail time of up to 1 year and/or a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.2

Import/export/transport of e-cigarettes

It is illegal for you to export, import or transport e-cigarettes3 If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.4

Sale/distribution of e-cigarettes

It is illegal for you to sell or distribute e-cigarettes1. If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.2

Advertisement of e-cigarettes

It is illegal for you to advertise e-cigarettes1. If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.2

Storage of e-cigarettes

You may not allow any of your property to be used for storage of e-cigarettes. If any property that you own is being used as storage of e-cigarettes, you must make a list of the stock. Thereafter, you must submit it to the nearest police station to a police officer who is at least a sub-inspector5. If you do not follow this, the punishment is jail time of up to 6 months and/or a fine of up to Rs. 50,000.6

Read more on cigarettes and tobacco products here.

 

  1. Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩] [↩] [↩]
  2. Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩] [↩] [↩]
  3. Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019 [↩]
  4. Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩]
  5. Section 5, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩]
  6. Section 8, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019. [↩]

Opium and Opium Poppy

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

Opium is the solidified juice of the opium poppy, which is the base plant from which opium is extracted. It is a white juice that is extracted from the poppy plant with the help of scalps in a very careful manner. It does not include any preparation containing less than 0.2% of morphine.

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

  • Small quantity (25 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 25 gm to 2.5 kg – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (2.5 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 Rupees 2 lakh1

Prepared Opium

Prepared opium is any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, wherein the residue remaining after opium is smoked. 

It is illegal to manufacture, possess, transport, inter-state import/export, sell, purchase or use Prepared Opium. The punishment for carrying out any of these activities is proportional to the quantity of Prepared Opium 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 Rupees 2 lakh2

 

  1. Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Section 17, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

How is a Covid-19 vaccination developed?

The Covid-19 vaccine is developed in the following manner1:

Phases of vaccine development or trial Purpose
Pre-clinical phase In this stage, the vaccine is developed in the laboratory.
Phase 1 Clinical trial (8-10 participants) Phase 1 is essential for testing the safety of the vaccine.
Phase 2 Clinical trial (50-100 participants) Phase 2 is essential for testing vaccine immunogenicity i.e. production of antibodies against viruses.
Phase 3 Clinical trial (30,000-50,000 participants) Phase 3 is essential for testing actual protection offered by the vaccine, i.e, based on a larger survey group.

Once the vaccine clears phase 3 of the trial, it is eligible to get licensed and becomes available to the public on the basis of government guidelines.

  1. COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-31 [↩]

Living in Society

Every person with a mental illness has a right to1 live with and be a part of the society or community. In other words, just because a person with mental illness has no family or is homeless does not mean that they will be institutionalized in a mental health establishment.

Sometimes the family may abandon the person with mental illness. In such situations, it is the duty of the government to provide appropriate support, such as:

  • Legal aid
  • Community-based establishments, such as half-way homes, group homes, etc.,
  • Facilitate them living with their family/in the family home2

For example, it is the duty of the government to find accommodation for beggars. The government cannot force them to stay in a mental health establishment.

  1. Section 19(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 19(2)(3), the Mental Healthcare Act, 2017. [↩]

Complaining Against Doctors or Hospitals

If patients or their caregivers have a grievance against a doctor or the hospital administration regarding the quality of treatment provided, they have a right to seek redressal for the same. Further, they can do so if any of their other rights as patients have been violated. For instance, violation of privacy, discrimination against you etc.

Hospital’s Grievance Office

This can be the first place to approach when seeking redressal against professional misconduct1 by a doctor or hospital. A grievance redressal mechanism in a hospital works on resolving issues faced by patients. However, if the issue is not satisfactorily resolved at this level, the patient can approach the other authorities given below.

National, State or District Level Council of Clinical Establishments

Clinical establishments are government or private places that provide medical services. For instance, if there are any shortcomings of clinical establishments in meeting standards of infrastructure or care, you can approach the officer or authority of a State or Union Territory2 to report issues. For example, you can complain if the medical equipment is not in a good working condition or if they lose or misplace your medical records.  You can find a list of officers in each State here.

State Medical Councils

You can approach State Medical Councils to seek disciplinary action against a doctor or hospital administration.3 Further, to find a list of state councils, see here.

Police

In case of criminal conduct by the doctor or hospital administration, you can file an FIR against them. Further, you can also call on 100 (police helpline) to register a complaint.

  1. Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  2. Clinical Establishment (Registration and Regulation) Act, 2010. [↩]
  3. Section 8.2, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]

Appeal Against Smoking Violations

If you violate any of the rules under the law1 on cigarettes and tobacco products, you may face punishment in terms of being imprisoned, paying fines, etc.

Decision by the Court

The appellate court will take into account additional evidence, if any and give an opportunity to hear you out. Then the Court will pass a decision, a decision which is final. This means that you can appeal only once under this law.2

Appeal

You can also appeal the decision given by the court3. Please note that the fine amount cannot be increased during appeal unless you have been heard in person or by a representative defending you.4

 

  1. The Cigarettes and Other Tobacco Products Act, 2003. [↩]
  2. Section 19(3), the Cigarettes and Other Tobacco Products Act, 2003. [↩]
  3. Section 19(1), the Cigarettes and Other Tobacco Products Act, 2003. [↩]
  4. Section 19(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. [↩]

Cocaine

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

Cocaine is a manufactured drug made from coca leaf of the coca plant. It is illegal to manufacture, possess, transport and inter-state import/export, sell, purchase and use cocaine. The punishment for carrying out any of these activities is proportional to the quantity of Cocaine involved and not the type of activity.

  • Small quantity (2 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gms – 100 gms – 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 Rupees 2 lakh.1

Coca Plant

There is also a separate punishment for cultivating, gathering, producing, possessing, transporting, importing, exporting, selling, purchasing and using the Coca Plant. For any of these activities, you can be punished with jail time up to 10 years and fine up to Rs. 1 lakh.2

  1. Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Section 16, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

What is the punishment for violating Lockdown Orders?

The punishments for violating lockdown orders are:

Offence Punishment
Negligently spreading the infection of disease The punishment is jail time of up to 6 months or/and  fine1
Running away from hospitals during and after the period of testing The punishment is jail time of up to 6 months or/and  fine1
Disobeying a public servant doing their duty The punishment is jail time of up to 1 month or/and a fine of Rs. 2002
Causing a riot or group fighting The punishment is jail time of up to 2 years or/and  a fine3
Causing danger to human life, health or safety The punishment is jail time of up to 6 months or/and  a fine of Rs. 10002

The police can file an FIR if someone violates  the laws given above. To read more on the First Information Report, see our explainer on FIR.

 

  1. Section 269, the Indian Penal Code, 1860. [↩] [↩]
  2. Section 188, Indian Penal Code, 1860. [↩] [↩]
  3. Section 147, Indian Penal Code, 1860. [↩]

Right to Access Mental Healthcare

Every person has the right to access mental health care from government-funded mental healthcare services. These services include1:

  • Acute mental healthcare services like outpatient and inpatient services
  • Half-way homes, sheltered accommodation, supported accommodation
  • Mental health services to support the family of a person with mental illness or home-based rehabilitation
  • Hospital, community-based rehabilitation establishments and services
  • Child mental health services and old age mental health services.

Cost of Mental Health Services 

The government must make the medicines, as mentioned on the Essential Drug List, free of charge for all persons with mental illness at mental health establishments run/funded by the government2. Persons with mental illness who are destitute, homeless, or living below poverty line, are entitled to free mental healthcare services. They can approach mental health establishments run/funded by the government3

  1. Section 18(4),  the Mental Healthcare Act, 2017. [↩]
  2. Section 18(10),  the Mental Healthcare Act, 2017. [↩]
  3. Section 18(7),  the Mental Healthcare Act, 2017. [↩]

Patient Education

Patients have the right to receive education about the facts relevant to their condition and healthy living practices. For instance,1

  • Rights and responsibilities as patients2
  • 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

 

  1. Charter of Patient Rights, Ministry of Health and Family Welfare. [↩]
  2. Annexure 8, Clinical Establishments Act (Standards for Hospital Level 1A & 1B), 2010. [↩]

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. 10,000.1

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. 10000.2

  1. Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Sikkim Anti Drugs Act, 2006 [↩]