Theme: Public Health

Amphetamine

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

Amphetamine is a psychotropic substance1, the manufacture, possession, transport, import, export, sale, purchase and use of which is illegal in India. Some activities may be allowed but only after obtaining an express license or permit from the government for the same. 

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

  • A 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 a 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 Rupees 2 lakh2.

 

  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. [↩]

How is the Government tracking people infected with Covid-19?

The Central Government has released an official Covid-19 tracker app i.e. the Aarogya Setu app. It tracks  community transmission and traces the contact and travel history of individuals who are quarantined, using both location data and Bluetooth-based proximity tracking on users’ phones. This is one means of contact tracing.

Certain states also have applications that track  the mobiles of people who are under quarantine. Some examples of such apps are Quarantine Watch by the Government of Karnataka, SMC COVID-19 Tracker by the Surat Municipal Corporation, Gujarat,  Mahakavach by the Government of Maharashtra, etc.

The patient’s health also gets monitored regularly by the District Surveillance Officer at a district level, who facilitates further follow up by the surveillance teams. The health status of those under home isolation is monitored by the field staff/surveillance teams through personal visits along with a dedicated call center to follow up with the patients on a daily basis. The clinical status of each case is also recorded by the field staff/call center (body temperature, pulse rate and oxygen saturation)1.

 

  1. Revised guidelines for Home Isolation of very mild/pre-symptomatic/asymptomatic COVID-19 cases, Ministry of Health & Family Welfare, accessed at https://www.mohfw.gov.in/pdf/RevisedHomeIsolationGuidelines.pdf [↩]

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. [↩]

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 [↩]

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 [↩]

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. [↩]

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 [↩]

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. 

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. [↩]

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. [↩]

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. [↩]

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. [↩]

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. [↩]

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. [↩]