Theme: Public Health

The Government has arranged for free Covid-19 testing at approved laboratories across India. Although the test is not free in private labs and hospitals, the Supreme Court has said that free testing should be done for the poor who are eligible under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana. Beneficiaries of this scheme can access free testing in private labs and Covid-19 treatment at government empanelled hospitals.

To get tested free of cost, a person can go to any government hospital. They can get updated information by calling the helpline numbers before getting a test done. Please see here for the list of government and private clinics for testing of Covid-19, as released by the Indian Council of Medical Research.

If you belong to the 18-44 age group category, you might have the option of on-site registration and appointment at Government Covid Vaccination Centers, depending on the decision of your State government. The central government opened the option of on-site registrations because limiting registration to online platforms may result in vaccine wastage and exclusion of those who do not have access to internet and mobile phones. However, this option can be implemented only after approval from the respective State government.

The Indian Council of Medical Research (ICMR) has removed the use of plasma therapy from the recommended treatment guidelines for Covid-19. Currently, it is advised not to donate plasma for Covid treatment, as it would be of no benefit.

Yes, you can get an abortion even during the Covid-19 pandemic. The government has declared abortion as an essential service. So, you can get an abortion from registered clinics or hospitals, despite it being a non-Covid health issue.

It depends on why you are going out. The police cannot arrest or fine you for going out during lockdown for a valid reason. For example, you can go out to buy essentials, in emergency situations, for vaccination, and to travel to the airport or stations, etc. When you go out, you must follow protocol like wearing a mask, social distancing, etc.

You are not allowed to go out for non-essential activities or violate Covid-19 regulations like visiting a movie theatre, taking drives around your house etc. Under Section 269 of the Indian Penal Code, the police can arrest you if you intentionally do any unlawful or negligent act which is likely to spread the Covid-19 infection. The punishment for this is jail time of up to six months and/or a fine.

Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

No, hospitals cannot legally detain a dead person’s body even if the deceased person’s family is unable to pay the medical bills.

According to the Patient Rights Charter approved by the Ministry of Health and Family Welfare, hospitals must release the body of a deceased patient despite non-payment of bills. In 2018, a draft Delhi Government advisory, issued by the Directorate-General of Health Services also stated that the bodies of deceased patients could not, under any circumstances, be detained because of the non-payment of bills. The Delhi High Court, in an order in 2017 (Devesh Singh Chauhan v. State and Others), has confirmed this position. However, the remedies for such a violation are not so clear-cut. Some of them include:

1. Filing a complaint with the police under section 302 of the Indian Penal Code for wrongful confinement (The Patient Rights Charter also refers to this as the basis for the right to receive the body of a deceased patient).
2. Sending a legal notice to the hospital.
3. Registering a grievance with the Medical Superintendent of Nursing Homes (The number for the grievance cell for the Directorate-General of Health Services which houses the Medical Superintendent is 22393515.
4. Writing a letter to the National Human Rights Commission.

When a patient is discharged from a doctor’s care of a doctor, the hospital must provide them with a discharge summary containing the following information

• Name and registration number of treating doctor
• Name, demographic details & contact number of patient, if available
• Date of admission and discharge
• Relevant clinical history, assessment findings and diagnosis
• Investigation results
• Details of medical treatment
• invasive procedures, surgery and other care provided
• Discharge advice (medications and other instructions)
• Instructions about when and how to obtain urgent care

The National Commission for the Protection of Child Rights (NCPCR) has developed an online tracking portal called “Bal Swaraj (COVID-Care link)” for children in need of care and protection. The portal can be used to track children who have lost both parents or one parent during Covid-19. Further, any authorised officer/department can upload such children’s data to the portal using the “COVID-Care” link.

Through the data entered in the portal by District officers and State officers for each child, the Commission can determine whether:

• The child is receiving their entitlements, benefits, and monetary gains;
• The child has been produced before the Child Welfare Committee;
• Any protective orders have been issued for the child;
• The State requires financial assistance to obtain additional funds for benefiting children through the currently implemented programmes.

The Supreme Court in “In Re. Contagion of Covid-19 Virus in Children Homes” directed all District officers to submit data on orphaned children on the Bal Swaraj portal under the COVID-Care link.

Yes. You can be charged under Section 177 of the Indian Penal Code, 1860 for furnishing false information and punished with imprisonment for up to two years and/or a fine.

During lockdown, no one is allowed on the roads unless they have valid reasons like a medical emergency. Since you are Covid-positive and this is a medical issue, your family members can apply for permission to visit you.

Most States have an online portal through which a person can apply for an ePass for getting permission to travel. For States which do not have this system, your family members must first approach the local police and request permission to travel and visit you. If the police approve the request considering your situation, your family members can visit you. While travelling, they must carry the police-approved pass/valid papers showing that they have permission to visit you during lockdown.

Government officials cannot force you to take the Covid-19 vaccine or file an FIR against you for refusing to do so. If someone forces you to take the vaccine, it is a violation of your right to privacy and bodily integrity, and you can file a writ petition against this in the High Court/Supreme Court. Currently, it is not a crime to refuse vaccination. However, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 give the government large powers to take whatever action necessary for preventing the spread of a disease. So, the government can use these powers to make vaccination compulsory in the future.

Please note that while no one can force you to take the vaccine, you still need to follow the Covid-19 norms like the lockdown/curfew rules. If you intentionally do any unlawful or negligent act which is likely to spread the infection of any life-threatening disease, the punishment is jail time of up to six months and/or a fine. Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

Yes, you can correct details on the vaccination certificate online now. The CoWin website has introduced a new feature to change a mistake in your name on the CoWin vaccination certificate. You can go to your Account on Cowin.gov.in and select ‘Raise an Issue’ and then select ‘Correction in the Certificate’. You can change your name, date of birth and gender. This option is only available to make a change once .

If you have more doubts, you have the option of talking to the: COVID Helpline (011-23978046) and Technical Team of the Covid Helpline: 01204473222.

Yes, unless the person receiving the donation from crowdfunding is a charitable organisation, the funds are subject to income tax.

The funds raised through these platforms can be withdrawn by the individual/ organisation post the deduction of the platform fees and the GST on such fees. This net amount received after these deductions may be applicable for local government taxes is subject to income tax. Therefore, crowdfunded proceeds are taxable income in the year you receive them(( Section 56, Income Tax Act, 1961.)).

Crowdfunding is the means of raising money from individuals for a social cause, cooperative initiative or a project and has become a popular practice for raising funds to help with the COVID situation in India. Online platforms like Millap, Wishberry and Ketto primarily follow donation-based crowdfunding where individuals donate money to support the cause. These platforms are facilitators that aid individuals and organisations raise funds. Crowdfunding is regulated by the Securities and Exchange Board of India(SEBI) and the tax treatment of donations made to such individuals/ organisations through online platforms is covered under the Income-Tax Act, 1961.

From the perspective of the person making the donation, the Income-tax Act, 1961 provides that any person donating to charitable institutions or charitable funds is eligible to claim 100% deduction of the sum paid to such institutions or funds provided the institution/ fund has a valid 80G certificate.

These platforms specify that not all donations are eligible for tax deductions. They also provide requisite information on the fundraiser page as well as in the confirmation email that you receive from them that will help you determine if your donation is eligible for tax deduction or not. If your donation is eligible for tax deduction, you will receive the 80G from the charitable institution/ fund. However, if it is not eligible for tax deduction, then you will only receive an acknowledgement for your donation.

While it is understood that it is the police force’s job to ensure compliance of the lockdown rules and maintain effective social distancing, this compliance cannot be rooted in the use of excessive and disproportionate violent force as use of excessive force by the police results in violation of human rights and dignity(( Anita Thakur and Ors. vs. Govt. of J & K & Ors, Writ Petition (Criminal) No. 118 of 2007.)) and is blatant harassment.

Similarly, handing out humiliating punishments onto lockdown violators such as crawling on the road constitutes harassment. The Supreme Court has also held practices such as lathi charge unacceptable(( Ramlila Maidan Incident v. Home Secretary, Union of India, (2012) 5 SCC.)) and those who resort to them, should be made liable .

If you face any harassment by the police during the pandemic you have two options:

File a complaint with your State’s police complaint authority which is the nodal authority that looks into complaints of misconduct by police officers

File a case in the High Court of your state with the help of a lawyer to stop police harassment. Make sure you have the receipts of the complaints filed to the police complaint authority to add into your petition to the Court.

If you see a fake vaccination drive being done or suspect a vaccination centre to be fake you should immediately file a complaint with the local police and provide relevant information to them. An FIR can be filed with the police for cheating (Sec. 415 Indian Penal Code, 1860), impersonation (Sec. 416 IPC), forgery (Sec. 464 IPC) and making false claims (Section 52, Disaster Management Act, 2005.)

Recently, the Bombay High Court had asked the Maharashtra government and police to take action against those involved in Covid-19 vaccine fraud, under the Disaster Management Act, 2005 and Epidemic Diseases Act, 1897. The Court also asked the government to give information on the procedure that housing societies should follow to ensure that fake vaccination drives are not undertaken.

If a person has witnessed cruelty to animals, they can follow these steps in order to save the life of the animal as well as prevent the abuser from harming other animals(( PETA India, accessed at: https://www.petaindia.com/blog/9-things-to-do-if-you-witness-cruelty-to-animals/.)):

Veterinary care: An abused animal may suffer with serious injuries and thus, lack of immediate medical care may be fatal. So, the animal must get immediate veterinary care

Knowledge of the Law: Websites such as Animal Welfare Board of India (http://www.awbi.in/) and the Ministry of Environment, Forest and Climate Change (http://www.moef.nic.in/) explain the law related to animal protection and thus, a person concerned about animals should be familiar with the laws including the Prevention of Cruelty to Animals Act, 1960.

Document the crime: When a person witnesses a wrongdoing, they should take a photo or video of it to document the details of the crime. Important details such as licence plate number or visual of the abuser should be visible. Statements from other witnesses can also be collected along with statements from the veterinarian relating to the animal’s physical and health conditions or the cause of death.

File an FIR: The crime must be reported to the police immediately. The police can investigate only after the filing of the FIR. A private complaint can also be filed in court.

Inform other appropriate authorities: In addition to the police or the court, other authorities can also be contacted such as Animal Welfare Board or local Animal Welfare district officials.

Notify animal protection groups: The local animal protection groups and organisations, animal welfare officers, veterinarians can be contacted for extra help.

Conduct follow up: Follow up with the local authorities, garner media coverage and get legal help.

For immediate assistance, if you see any animals being harmed, you can complain to the police by calling 100 or call PETA(People for the Ethical Treatment of Animals) India emergency number (0) 98201 22602. Another option is to reach out to the Animal Welfare Board of India website (http://www.awbi.in/hawo.html) and contact the animal welfare officer in your district.

Yes. If you are Covid-19 positive (regardless of whether or not you are symptomatic), you will get in trouble if you step outside. You will be doing a negligent act which may result in the spread of the infection to others. For this, you may get imprisoned for a term which may extend from six months(( Section 269, Indian Penal Code.)) to two years(( Section 270, Indian Penal Code.)) or a fine, or both. You can also be booked by the police for disobeying the directions to quarantine and may be punished for six months, with a fine of Rs. 1000 or both.

However, you will not be in trouble if you go out to get medical treatment if your condition gets serious. For this ensure that you are carrying an e-pass with you.

If the police find you without a mask in public, you will be fined. The amount of the fine is different for all states. You may also be penalised under the Indian Penal Code for the negligent act of risking public health with a punishment of jail time upto six months, with fine or both(( Section 269, Indian Penal Code.)).

You are also supposed to wear a mask when you are travelling in a car. In the case of Saurabh Sharma v. Sub-Divisional Magistrate and Ors.(( 2021 SCC OnLine Del 1530.)), Delhi High Court in 2021 held that wearing a mask is compulsory even if you are travelling alone in a car. So if you are found not wearing a mask in the car, you may be fined by the police in your State.

During lockdown, no one is allowed on the roads unless they have valid reasons like a medical emergency. Since you are Covid-positive and this is a medical issue, your family members can apply for permission to visit you.

Most States have an online portal through which a person can apply for an ePass for getting permission to travel. For States which do not have this system, your family members must first approach the local police and request permission to travel and visit you. If the police approve the request considering your situation, your family members can visit you. While travelling, they must carry the police-approved pass/valid papers showing that they have permission to visit you during lockdown.

To apply for a ration card in Delhi, you can follow the steps given below:

Procedure for Applying In-Person (Offline)

Step 1: You should fill out the application form, which you can obtain directly by going to any Circle Office in your district (https://nfs.delhi.gov.in/Citizen/KnowYourCircle.aspx), or download it from the state government’s website – https://nfs.delhi.gov.in/Citizen/ActandRulesandManyMore.aspx?flag=D.

Step 2: You should submit the relevant documents. Though the documents required vary across states, however you will commonly be required to submit the following:

Proof of identification

Passport-sized photographs of the female head of your family attested by a gazetted officer/MLA/MP/Municipal Councillor

The specified proof of residence (If you cannot provide proof of residence, the office will conduct record the statements of two witnesses in your neighbourhood)

Income certificate, if applicable

The Surrender/Deletion Certificate of the previous Ration Card, if any

Step 3: You should get your documents verified by the officers at the Circle Office.

Step 4: You should collect your acknowledgement receipt from the authorities.

Step 5: You can then collect your Ration Card from the Circle Office/get it delivered. For example, in Delhi, the Ration Card is also uploaded online. The time limit also varies across states. For example, in Delhi, it can take up to 2 months.

Online:

You can also apply for a Ration Card online in Delhi, using this link https://nfs.delhi.gov.in/Citizen/ActandRulesandManyMore.aspx?flag=D. After filling in the relevant details, such as Ration Card number, Aadhar number, etc., you will be able to download your Card online . To download your Ration Card – https://nfs.delhi.gov.in/Citizen/E_RationCard.aspx

The Delhi government is also distributing free rations across multiple centres in the city. You can find out the location of the centres here: http://fs.delhigovt.nic.in/wps/wcm/connect/doit_food/Food/Home/COVID19/COVID+19+NON+PDS+ORDERS+CIRCULARS+AND+NOTIFICATIONS/

No, stores do not need a drug license to sell hand sanitizers. Initially, the sale of hand sanitizers was restricted exclusively to dealers having drug license, thus, mostly chemists and medical shops(( Section 18(c), Drugs and Cosmetics Act, 1940.)). However, the Ministry of Health and Family Welfare issued a notification that requested the Centre to include ‘hand sanitiser’ in Schedule K of the Drugs and Cosmetic Rules, 1945 (exempted drugs). The Central Government classified this as a ‘necessity’, removing the need to get a license to sell hand sanitizers. Currently, hand sanitizers and antiseptic lotions fall under the category of disinfectants(( Reckitt Benckiser v. State of Kerala, 2010; Vijayakumar and Others v. Drug Inspector, 2005. )) and thus, exempted from the provisions of Sec. 18 of Drugs and Cosmetics Act.

Government officials cannot force you to take the Covid-19 vaccine or file an FIR against you for refusing to do so. If someone forces you to take the vaccine, it is a violation of your right to privacy and bodily integrity, and you can file a writ petition against this in the High Court/Supreme Court.

Currently, it is not a crime to refuse vaccination. However, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 give the government large powers to take whatever action necessary for preventing the spread of a disease. So, the government can use these powers to make vaccination compulsory in the future.

Please note that while no one can force you to take the vaccine, you still need to follow the Covid-19 norms like the lockdown/curfew rules. If you intentionally do any unlawful or negligent act which is likely to spread the infection of any life-threatening disease, the punishment is jail time of up to six months and/or a fine.

Further, if you intentionally disobey a lawful order by the police or a government official, and this causes danger to human life, health or safety, you can be punished with jail time of up to six months and/or a fine of up to Rupees one thousand.

The Ministry of AYUSH (The Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha, Sowa-Rigpa and Homoeopathy) had issued a circular in March 2020(( https://www.ayush.gov.in/docs/CCRH-%20Revised%20Guidelines%20for%20Homoeopathy%20Practitioners%20for%20Prophylaxis%20and%20Symptomatic%20Management%20of%20COVID-19%20Patients%20in%20Home%20Isolation.pdf)), authorising the use of certain medicines for symptom management and preventive measures for Covid-19 like illnesses. Thus, a qualified homoeopathic physician can dispense preventive and prophylactic homoeopathic medicines for Covid-19. It was also held that they are permitted to prescribe add-on medicines authorized by the guidelines and with the approval of the concerned authorities and the consent of the patient or guardian of the patient.

The Kerala High Court(( Read more at: https://www.livelaw.in/news-updates/kerala-high-court-covid-19-patients-preventive-medicines-175441.)) ruled that qualified homeopathic doctors can prescribe preventative and add-on medicines to conventional care for Covid-19 patients as there is no prohibition imposed by the Government of India on Homoeopathy for treatment of patients.

The following guidelines have been issued by the MoHFW (Ministry of Health and Family Welfare)(( https://dghs.gov.in/WriteReadData/Orders/202106090336333932408DteGHSComprehensiveGuidelinesforManagementofCOVID-19inCHILDREN_9June2021.pdf)):

Children aged 5 years and under are not be required to wear masks

Children aged 6-11 years may wear a mask depending on the ability of child to use a mask safely and appropriately under direct supervision of parents/guardians.

Children aged 12 years and over should wear a mask under the same conditions as adults.

If someone is sharing fake news, you can file a complaint against them with the police. 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. A person can be punished for:

I.) Crime

Publishing or circulating any statement, rumour or report which is likely to cause fear or alarm to the public

Law

Section 505(1) of the Indian Penal Code, 1860

Punishment

The punishment is jail time of up to 3 years and/or a fine.

II.) Crime

False alarm or warning regarding a disaster or its severity, leading to panic

Law

Section 54 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 1 year or a fine.

III.) Crime

Making a false claim for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to a disaster

Law

Section 52 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 2 years and a fine.

IV.) Crime

Forwarding fake news

Law

Section 54 of the Disaster Management Act, 2005

Punishment

The punishment is jail time of up to 1 year or a fine.

There are many sources of false information on Covid-19. For reliable information, you can use the following the sources:

• World Health Organization
• Ministry of Health and Family Welfare
• Information available on a State government website is also an authentic source of information. For example, Delhi’s Department of Health website.