Theme: Health & Environment

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

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

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

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

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

Right to Equality and Non-Discrimination

Every person with mental illness has a right to equality and non-discrimination including1:

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

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs2. You should complain against such a person, or approach the Court with the help of a lawyer.

  1. Section 21(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 108, the Mental Healthcare Act, 2017. [↩]

Discharge of Patients

During any point in the treatment, a patient is free to take discharge or leave from the hospital. For example, hospital authorities cannot force patients to stay in the hospital or restrict them from moving out of the hospital. Similarly, caretakers of a deceased patient have the right to receive his body from the hospital.1. For example, while undergoing treatment, the hospital cannot withhold A’s body from his relatives. Even if the fees or medical bills are not paid for, the body is to be released to the relatives.

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

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

Under the law,2 this is a crime of wrongful confinement. The punishment for wrongfully confining someone is a jail term of up to 1 year, fine up to  ₹ 1000 or both.3

If the confinement extends to 3 -10 days,  the punishment is imprisonment of up to 2 years or 3 years respectively.4

  1. Charter of Patient Rights, Ministry of Health and Family Welfare. [↩]
  2. Section 340, 341, 342, Indian Penal Code, 1860. [↩]
  3. Section 342, Indian Penal Code, 1860. [↩]
  4. Section 343 and 344, Indian Penal Code, 1860. [↩]

Poppy Straw

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

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

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

Poppy Straw Concentrate

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

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

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

Force majeure1 clauses are contractual clauses which can change or excuse the parties’ obligations and/or liabilities under a contract when an extraordinary event or circumstance beyond their control prevents one or all of them from fulfilling those obligations. For example, if a construction company had to do work for a private company, they can use the force majeure clause in their contract from stopping the work in case of a disaster like an earthquake etc. 

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

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

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

Covid-19 and Force Majure

Whether a contractual obligation can be avoided on the grounds of force majeure is a factual determination based on the specific terms of the contract. The courts will examine,  in each case, whether the impact of the Covid-19 pandemic prevented the party from performing its contractual obligation. Indian courts2 have generally recognised this concept and have enforced it where appropriate. 

Directions by Government of India

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

  • The Ministry of Finance issued an office memorandum dated February 19, 2020 which states that Force Majeure clauses can be invoked in Government contracts if there is a “disruption in supply chain due to spread of coronavirus in China or any other country”. The Memorandum further states that COVID-19 should be considered as a case of “natural calamity”. On May 13, 2020, the Ministry of Finance issued another memorandum stating that under contracts for construction/works, goods and services and PPP (Public-Private Partnership) with Government Agencies, parties can invoke the force majeure clause ‘after fulfilling due procedure‘ and ‘wherever applicable’.
  • Ministry of New & Renewable Energy has issued an Office Memorandum dated March 20, 2020 which directs all Renewable Energy implementing agencies of the Ministry of New & Renewable Energy (MNRE) to treat delay on account of disruption of the supply chains due to spread of Covid-19 in China or any other country, as Force Majeure event.
  1. Sections 32 and 56 of the Indian Contract Act, 1872 [↩]
  2. Energy Watchdog v. Central Electricity Regulatory Commission (2017)14 SCC 80; Naihati Jute Mills Ltd. v. Hyaliram Jaganath AIR 1968 SC 522. [↩]

Right to Live with Dignity

Every person with a mental illness has a right to live with dignity.1. In other words, persons are protected from cruel, inhuman or degrading treatment in any mental health establishment.

This includes the following rights like2:

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

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs3. You should complain against such a person, or approach the Court with the help of a lawyer.

  1. Section 20(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 20(1),  the Mental Healthcare Act, 2017. [↩]
  3. Section 108,  the Mental Healthcare Act, 2017. [↩]

Choosing Alternative Treatment Options

A patient has the right to choose the treatment course once the doctor has informed the patient of all the options.1. The patient or their caregiver cannot be forced to follow a certain treatment against their will, even if the doctor deems it necessary.

Refusing Treatment

The patient can even refuse treatment altogether after considering the options available. The patient will then take responsibility for his own condition.

Providing Information on Treatment Options

The hospital administration is duty-bound to provide clear and accurate information to the patient regarding the options of treatment available2. The hospital or the doctor can only play an advisory role. They have to respect the patient’s final decision and treat him with fairness and respect regardless of the patient’s  decision.

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

Methamphetamine

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

Methamphetamine is a psychotropic substance, the manufacture, possession, transport, import, export, sale, purchase and use of which is illegal in India. 

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

  • Small quantity (2 gm) – Jail time up to 1 year and/or fine up to Rs 10,000
  • 2 gm to 50 gm – Jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (50 gm) – Jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs.1
  1. Section 22, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

What are the Covid-19 helpline numbers?

The government has launched helpline numbers and email addresses that one can approach in case of issues related to Covid-19 or for general information on the disease. 

  • National Helpline Number: +91-11-23978046 or 1075
  • National Helpline Email ID: ncov2019@gov.in 
  • National Twitter Handle: @CovidNewsByMIB
  • WHO WhatsApp Number: +41 798931892 (English)

For a list of helpline numbers specific to States, please see the table given below1

  1. Coronavirus Helpline Number, Ministry of Health and Family Welfare, accessed at https://www.mohfw.gov.in/pdf/coronvavirushelplinenumber.pdf. [↩]

Right to Legal Aid

Every person with mental illness has a right to free legal aid with respect to their rights1. Free legal aid means providing legal services, free of cost, to certain sections of the society, and it means that one has a right to ask for any of the legal services given below:

  • Representation by a lawyer in legal proceedings.
  • Payment of all costs including process fees, expenses of witnesses, etc.
  • Preparation of memo of appeal, paper book including printing and translation of documents in legal proceedings.
  • Drafting of legal documents, a special leave petition, etc.
  • Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.

However, to get legal aid, you have to be eligible by fulfilling certain criteria. It is the duty of the following to inform the person with mental illness that they are entitled to free legal aid  and to provide the details of the availability of services2:

  • Magistrate
  • Police officer
  • Medical officer or mental health professional in charge of a mental health establishment

If legal aid is not provided, the law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs3. You should complain against such a person, or approach the Court with the help of a lawyer.

  1. Section 27(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 27(2), the Mental Healthcare Act, 2017. [↩]
  3. Section 108, the Mental Healthcare Act, 2017. [↩]

Morphine

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

Morphine is a drug manufactured from opium. It is illegal to manufacture, possess, transport, inter-state import/export, sell, purchase and use Morphine without proper government licenses. The punishment for carrying out any of these activities is proportional to the quantity of Morphine 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 Rupees2 lakh.1

  1. Section 21, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

Right to Emergency Medical Care

Trigger Warning: This explainer contains information on violence and medical procedures which some readers may find disturbing.

Prompt and quality healthcare at a time of urgency can mean the difference between life and death. Article 21 of the Constitution of India, 1950 preserves the right to life all persons. This also extends to your right to access emergency medical care. All state governments have the duty to preserve the lives of patients seeking medical care.1. Further, all medical professionals and doctors in both private and government hospitals have a responsibility and duty towards the health of the community.2

No patient can be turned away from receiving emergency medical care if they cannot pay for it. Emergency care should be mandatorily provided and all standards of care and quality must be upheld while doing so. Doctors cannot put the life of a patient at stake while waiting for fees to be paid.3

Duty to provide emergency medical care

It is their duty4 to first render emergency medical care before receiving payment. Other duties of doctors in case of emergency care are:

  • No physician can arbitrarily refuse treatment to a patient. It can only be done if the physician is not qualified to treat the condition in which case the physician must refer the patient to another competent physician.5
  • While referral in the normal course is acceptable, in case of an emergency the physician should treat the patient
  • A physician is free to choose when and who he treats. However, in case of an emergency, he must respond when called upon.6
  • Physicians should not neglect or withdraw from the case without giving prior and adequate notice to the caregivers of the patient6

Emergency healthcare to victims of sexual violence

Emergency medical care to child victims of sexual violence has been guaranteed under the law7.The same should be provided to them within 24 hours of receiving the  complaint. A hospital, doctor or other medical facility providing such care cannot demand a legal order as a requirement for starting treatment.8.Maintaining the privacy of the child and the child’s details is a duty of the doctor. Further, a parent or guardian who the child trusts has to be present for all the treatments.9

In case of adult victims of sexual offences, all hospitals, whether public or private, have to provide first-aid or medical treatment free of cost.  Hospitals are also required to immediately inform the police of such incident.10 Not following these rules will be punishable with jail time of up to one year and/or with a fine.11When medical practitioners are treating a sexual assault survivor, the presence of a woman during the treatment and with the consent of the patient or her guardian are essential.12

Emergency healthcare for abortions

If there is a need to conduct an immediate abortion to save a pregnant woman’s life, no matter how far along the pregnancy is (even if it is beyond the legally permitted period of 20 weeks), the doctor can conduct the abortion. Registered medical practitioner who do not have the required OB-GYN qualifications can perform abortions. Although this can only be done to save the life of the woman or the foetus. For example, if a woman who is 22 weeks pregnant was in a car crash, then a doctor can conduct an immediate abortion to save the woman’s life. The doctor will not be punished as they have acted in good faith.

Emergency healthcare for accidents

An accident victim can approach any hospital, public or private.13 The doctor on duty has to immediately attend to the injured person and render medical aid without waiting for any procedural formalities.14Every government and private hospital is duty-bound to accept accident victims and patients who are in critical condition. The hospital  cannot refuse treatment even if:

  • The victim is not in a position to pay the fee or meet the expenses or
  • There is no close relation of the victim available who can give consent for medical treatment.15

The Supreme Court and the Ministry of Road Transport and Highways have made it easier for people to help victims of road accidents. Earlier, people hesitated to stop and help such victims for fear of the cumbersome medico-legal process. Realizing the adverse impact this can have on survival chances of accident victims, the Supreme Court gave effect to the Good Samaritan Law.16.You can read more about it here.

If you need to help an accident victim, you can contact the National Highway Helpline at 1033. You can also report road accidents on the Sukhad Yatra App of the Ministry of Road Transport and Highways.

  1. List II, Schedule VII, Constitution of India, 1950. [↩]
  2. Parmanand Katara v. Union of India (1989) 4 Supreme Court Cases 286: 1989 SCC (Cri) 721 [↩]
  3. Pravat Kumar Mukherjee v. Ruby General Hospital & Others 2005 CPJ 35 (NC) [↩]
  4. Sections 2.1.1 & 2.4, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  5. Section 2.1.1, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  6. Section 2.1.4,  Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩] [↩]
  7. Section 5(1), Protection of Children from Sexual Offences Rules, 2012. [↩]
  8. Section 5(3), Protection of Children from Sexual Offences Rules, 2012. [↩]
  9. Section 5(2), Protection of Children from Sexual Offences Rules, 2012. [↩]
  10. Section 357C, Code of Criminal Procedure, 1973. [↩]
  11. Section 166B, Indian Penal Code, 1860. [↩]
  12. Section 164A, Criminal Procedure Code, 1973. [↩]
  13. Parmanand Katara v Union of India AIR 1989 SC 2039 [↩]
  14. Section 134(a), Motor Vehicles Act, 1988; Charter of Patient Rights, Ministry of Health and Family Welfare. [↩]
  15. Pravat Kumar Mukherjee v. Ruby General Hospital and Others 2005 CPJ 35 (NC) [↩]
  16. Savelife Foundation and Anr v. Union of India (2016) 7 SCC 194 [↩]

Right to Information

Every person with mental illness and their nominated representative have the right to information from the mental health professional. This includes the following information1:

  • Law on persons with mental illness under which the person has been admitted
  • Criteria for admission in a mental health establishment
  • Right to make an application to the Mental Health Review Board for a review of their admission
  • Information related to the person’s mental illness and the treatment plan as well as the side effects and to receive the information in a comprehensible language and manner
  • Right to apply to the professional2 to access medical records3. The records are supposed to be provided to the person within 15 days4. However, specific information in the records are not provided to the person with mental illness if it will result in serious harm to him or to anyone else5. To get such information, the person has to apply to the Mental Health Review Board for release of the information6.

Giving Complete Information

It is the duty of the professional to give complete information. This information is provided during admission or at the start of the treatment7:

  • Ensure that full information is provided promptly to the person when they are in a position to receive it
  • To give the information to the nominated representative immediately

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs8. You should complain against such a person, or approach the Court with the help of a lawyer.

  1. Section 22(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 6(2), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018. [↩]
  3. Section 25(1),  the Mental Healthcare Act, 2017, Section 6(1), The Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018. [↩]
  4. Section 6(3), the Mental Healthcare (Rights of Persons with Mental Illness) Rules, 2018. [↩]
  5. Section 25(2), the Mental Healthcare Act, 2017. [↩]
  6. Section 25(3),  the Mental Healthcare Act, 2017. [↩]
  7. Section 22(2),  the Mental Healthcare Act, 2017. [↩]
  8. Section 108,  the Mental Healthcare Act, 2017. [↩]

Heroin

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

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

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

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

Commercial quantity (250 gm) – jail time  between 10 and 20 years, and fine between Rs. 1 lakh and 2 lakhs. The Court may also impose a fine of more than Rs. 2 lakhs.1

  1. Section 21, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

Informed Consent for Medical Procedures

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

  • By a person who is conscious, of sound mind and above 12 years of age.1
  • Free from any undue influence, threat, mistake.1
  • For a specific intervention. For instance, a treatment or procedure that requires written consent.2
  • By a person who understands the risks, benefits and alternate treatments available.2
  • In a language and manner understood by all parties involved.2

Consent of minors (children below the age of 18)

Before performing an operation, a physician should obtain the written consent of the patient or the patient’s caregiver, spouse or guardian (in case of a minor).3.Further, such consent is necessary where the treatment is potentially dangerous.4.The duty to ensure this falls upon the hospital administration and the doctor treating the minor.

Failure to take consent

Doctors have to take consent for all medical procedures. Otherwise, this may result in disciplinary action as well as a case against the doctor. If the doctor takes consent by causing fear or misconception, he or she is committing a crime under the law.1 However, if a doctor in good faith5 believes that the situation is too urgent to wait for the patient’s consent or it is not possible to obtain it, he may proceed with the emergency treatment. An example would be an emergency abortion if the woman’s or fetus’s (unborn baby) life is in danger. Further, failure to take consent will result in disciplinary actions against the doctor. If you face such a situation, you can file a complaint.2

  1. Section 90, Indian Penal Code, 1860. [↩] [↩] [↩]
  2. Charter of Patient Rights, Ministry of Health and Family Welfare. [↩] [↩] [↩] [↩]
  3. Section 7.16, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. [↩]
  4. Annexure 8, Clinical Establishments Act 2010 (Standards for Hospital Level 1A & 1B) [↩]
  5. Section 52, Indian Penal Code, 1860. [↩]

Right to Complain

A person with mental illness or their nominated representative has the right to complain. It can be done regarding deficient care, treatment and related services in a mental health establishment1.

One can make such a complain to2:

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

The person with mental illness also has the right to complain and go to Court in case of violation of their rights3.

  1. Section 28(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 28(1), the Mental Healthcare Act, 2017. [↩]
  3. Section 28(2),  the Mental Healthcare Act, 2017. [↩]

Diazepam

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

Diazepam is a psychotropic substance1, the manufacture, possession, transport, import, export, sale, purchase and use of which is illegal in India. 

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

  • Small quantity (20 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 20 gm to 500 gm – Jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (500 gm) – Jail time  between 10 and 20 years, and fine between Rs. 1 lakh and 2 lakhs. The Court may also impose a fine of more than Rs. 2 lakhs.2
  1. Section 2 (xxiii), Narcotic Drugs and Psychotropic Substances Act, 1985; read also Schedule, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]
  2. Section 22, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

Right to Communication

Every person with mental illness who is admitted has the right to communication1. This means the right to:

  • Refuse or receive visitors
  • Refuse or receive and make phone calls subject to the rules of the mental health establishment
  • Send and receive emails2.

Additionally, the right to communication also means that the person does not have to communicate with certain people if they so wish.  They may inform the mental health professional in-charge, whose duty it is to restrict such communication. However, this right does not apply in certain cases. They cannot restrict communication if it is from3:

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

The law punishes mental health establishment or any other person who violate these rights. The punishment is jail time of up to 6 months and/or a fine up to Rs. 10,000 for the first offence. For any subsequent offence, the jail time is up to 2  years and/or with a fine between Rs. 50,000 to 2 lakhs4. You should complain against such a person, or approach the Court with the help of a lawyer.

  1. Section 26(1), the Mental Healthcare Act, 2017. [↩]
  2. Section 26(2), the Mental Healthcare Act, 2017. [↩]
  3. Section 26(3), the Mental Healthcare Act, 2017. [↩]
  4. Section 108, the Mental Healthcare Act, 2017. [↩]

Thebaine

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

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

  • Small quantity (2 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gm to 100 gm – Jail time  up to 10 years and fine up to Rs. 1 lakh 
  • Commercial quantity (100 gm) – Jail time  between 10 and 20 years, and fine between Rs. 1 lakh and 2 lakhs. The Court may also impose a fine of more than Rs. 2 lakhs.1
  1. Section 21, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

Codeine

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

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

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

 

  1. Section 21, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]

Ecgonine

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

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

  • Small quantity (2 gm) – Jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gm to 50 gm – Jail time  up to 10 years and fine up to Rs. 1 lakh 
  • Commercial quantity (50 gm) – Jail time  between 10 and 20 years, and fine between Rs. 1 lakh and 2 lakhs. The Court may also impose a fine of more than Rs. 2 lakhs.1
  1. Section 21, Narcotic Drugs and Psychotropic Substances Act, 1985. [↩]