Theme: Public Health

Though there aren’t any official guidelines regarding child custody during the pandemic, the Supreme Court has held that parents having visitation rights can contact their children through electronic means during the Covid-19 lockdown, instead of visiting them physically.(( https://www.ndtv.com/india-news/coronavirus-supreme-court-says-parents-with-visitation-rights-can-contact-children-via-video-2221359))

A will is a legal document through which a person decides how their property and other assets will be distributed and allocated after their death. It can be made by the person themselves (called the testator) or by a lawyer acting on the instructions of the testator.

A will can be made by a person of sound mind, over the age of 18, at any point in their lifetime. For a will to be valid:

The testator should sign or affix their mark on the will, for example thumb impression.

The will must be attested by two or more witnesses and these witnesses should have seen the testator sign or affix their mark onto the document. Each of the witnesses should have signed the will in presence of the testator.

The witnesses should not be beneficiaries under the will, that is, someone who is being given property or other assets under that will.

• The document should specify that:
• it is the last will executed by the testator
• it is made and consented to by the testator with free will
• It is made in a sound state of mind
• It will come into force after the death of the testator
• it is revocable at any time according to the testator’s wishes.

The will should list down the properties and assets, both tangible and intangible, owned by the testator, in the form of a schedule annexed to it. The will should include the details of the family members or other persons among whom the property is being distributed. The will should state the name of the executor (the person/institution who is the legal representative responsible for carrying out the distribution of assets of the testator), with the details of their age and address, along with the executor’s relationship to the testator. The properties are to be bequeathed to each person according to the will of the testator correlating clearly with the item numbers mentioned against the property in the schedule annexed. Finally, the signature of the testator along with the date and place of the execution of the will should be specified.

The Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19 is an insurance scheme which provides coverage to public and private healthcare workers in case of loss of life or accidental death due to Covid-19 related work. The Scheme provides insurance cover of Rs. 50,00,000 to health care providers, including private hospital staff who are requisitioned/drafted for COVID-19 related responsibilities. With effect from 24 April 2021, the Government has extended the Scheme for a further 180 days.

To avail the Scheme, the claimant must submit the following documents:

1. Claim form duly filled and signed by the nominee/claimant
2. Identity proof of Deceased (Certified copy)
3. Identity proof of the Claimant (Certified copy)
4. Proof of relationship between the Deceased and the Claimant (Certified copy)
5. Laboratory Report certifying having tested Positive for COVID-19 (in Original or Certified copy)
6. Death summary by the Hospital where death occurred (in case death occurred in hospital) (Certified copy)
7. Death Certificate (in Original)
8. Certificate by the Healthcare Institution or organization that the deceased was an employee of and was deployed/drafted for care and may have come in direct contact of the COVID-19 patient.

The claimant must fill up the form, and submit the form along with the above mentioned documents to the Healthcare Institution. The respective institution will give necessary certification and forward it to the competent authority authorized by the State Government for this purpose.

If there is a claim, the claimant must inform the institution/department the insured person was working for as well as the insurance company (Email id nia.312000@newindia.co.in). Please see this FAQ document on the Insurance Scheme here for more information.

A person can report cyber crime and online abuse to the following authorities:

Police

The person can go to the police station to complain about the cyber crime or the online abuse they have faced, and file a FIR. While filing the complaint, they have to provide information relating to the incident and the abuse that they have faced.

Cyber Cell

Every State has a cyber cell and some police stations also have a unit assigned to work on cyber crimes. These cyber cells and units investigate cases of online abuse such as online stalking, hacking etc. In many states, a person can also file a complaint online through the website of the cyber cell. For example, for Delhi, the complaint can be lodged here: http://www.cybercelldelhi.in/Report.html.

Online Complaint Portals

Online Crime Reporting Portal: A person can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal at https://digitalpolice.gov.in. where they may be redirected to their respective state government’s website to register a complaint. They can register a complaint in the section “Services for Citizens” and click on “Report a Cyber Crime”, where they can provide information about the offender and the incident along with any other supporting evidence such as screenshots. A person can report anonymously, and can track their application as well.

Cyber Crime Reporting Portal: A person can also directly file a complaint on the Cyber Crime Reporting Portal, and can complain against various cybercrimes by selecting ‘Report Cyber Crime Related to Women and Child’ or ‘Report Other Cyber Crime’. Here also, complaints can be made anonymously, and the person can track their complaint.(( Nyaaya.org, accessed at: https://nyaaya.redstart.dev/violence-and-abuse/reporting-online-abuse/#:~:text=You%20can%20also%20directly%20file,’Report%20Other%20Cyber%20Crime‘.))

The government has issued guidelines making it mandatory for all employers who resume functioning post the COVID-19 lockdown to provide medical insurance to their employees. In addition, the Insurance Regulatory and Development Authority of India (IRDAI) has asked all general and standalone health insurers to offer comprehensive health insurance policies either to individuals or groups in order to enable workplaces/employers to comply with the government directives. The IRDAI also specified that this health insurance cover is not restricted only to the lockdown period and employers can take an insurance cover for a longer period such as a full year, like an annual policy renewed every year by the employer(( https://economictimes.indiatimes.com/wealth/insure/health-insurance/post-lockdown-employers-must-mandatorily-provide-medical-insurance-to-employees/articleshow/75263595.cms?from=mdr; https://www.irdai.gov.in/admincms/cms/whatsNew_Layout.aspx?page=PageNo4100&flag=1)).

In addition to this, medical insurance is also available to employees under the Employees’ State Insurance (ESI Act), 1948 to those organised sector employees whose monthly wage is Rs 21,000 or less. A person insured under the ESI Act is entitled to various benefits such as sickness benefit, maternity benefit (where applicable), disability benefit, medical benefit etc. The medical benefits include an insurance cover for out-patient treatment and attending physician in a hospital, dispensary, clinic, or in-patient treatment in a hospital or a doctor’s visit to the home of the insured. Both the employer and employee contribute to the Employee State Insurance Corporation (ESIC).

The Code on Social Security, 2020, provides social security benefits to all unorganised workers including domestic workers. The law lays down the institution of many social security schemes, for example, life and disability cover, health and maternity benefits, and old age protection.

Central government schemes like Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), Pradhan Mantri Suraksha Bima Yojana (PMSBY), Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) provide social security cover to all the unorganised workers including domestic workers with respect to life/ disability cover and insurance and pension, while Ayushman Bharat (PMJAY) provides secondary and tertiary health benefits to all unorganized workers including eligible domestic workers.

Currently, the Ministry of Labour & Employment is in the process of developing a comprehensive National Database of Unorganized Workers (NDUW) to collect relevant information of unorganized workers including domestic workers, in order to help in delivery of various social security and welfare schemes being implemented for them.(( Press Release, Ministry of Labour and Employment, accessed at: https://pib.gov.in/PressReleasePage.aspx?PRID=1707226.))

In most of the country, the state is not doing door-to-door vaccination currently. Recently, the Central government informed the Supreme Court that door-to-door vaccination is not possible.(( https://timesofindia.indiatimes.com/india/centre-not-in-favour-of-door-to-door-vaccine/articleshow/82869985.cms)) However, the Bombay High Court, in the case of Dhruti Kapadia v. Union of India(( Dhruti Kapadia v. Union of India, 2021 S.C.C. OnLine Bom. 659.)), asked the Central government to rethink its vaccination strategy. The Bombay HC said that it will allow door-to-door vaccination at least for citizens above 75 years of age, those who are bed-ridden, and the differently abled(( https://www.scconline.com/blog/post/2021/04/23/door-to-door-vaccination/)). The Central Government however, gave reasons as to why door-to-door vaccination cannot happen, including the risk of getting Covid-19 infection among vaccinators and mobilizers, and exposure of healthcare personnel and frontline health workers, and security issues.(( https://www.livelaw.in/top-stories/near-to-door-more-appropriate-door-to-door-vaccination-centre-tells-bombay-high-court-175404)) Currently, this case is still being heard by the Bombay HC.(( https://www.livelaw.in/top-stories/near-to-door-more-appropriate-door-to-door-vaccination-centre-tells-bombay-high-court-175404))

Cities in some states have started issuing guidelines permitting door to door vaccinations. For instance:

The Greater Chennai Corporation has been working for door-step vaccination for persons with disabilities in the age group of 18 to 44 years.(( https://www.thehindu.com/news/cities/chennai/groups-working-for-differently-abled-take-stock-of-people-for-door-step-vaccination/article34633825.ece))

Kerala has started door-to-door vaccination for bed-ridden palliative care patients.(( https://www.youtube.com/watch?v=S_QfnJa_m2w.))

Experts advise that all efforts must be made to get both jabs of the vaccines from the same company.(( https://timesofindia.indiatimes.com/city/chennai/can-you-take-one-dose-of-covaxin-and-another-dose-of-covidshield/articleshow/82193029.cms)) This is because research is still going on to understand how getting the jab from two different manufacturers will affect the immune system.(( https://indianexpress.com/article/lifestyle/health/covid-19-second-vaccination-dose-different-manufacturer-vaccination-effects-7290836/.))

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

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

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

Guidelines regarding children:

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

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

Follow up on police reports through phone calls and emails.

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

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

Guidelines regarding parents:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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