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COVID-19
This explainer discusses the law surrounding the Covid-19, including lockdowns, curfews, vaccinations, essential services available, and the laws that apply during an epidemic. It primarily deals with the law laid out in the Disaster Management Act, 2005, Epidemic Diseases Act, 1897, Indian Penal Code, 1860, Drugs and Cosmetics Act, 1940, Indian Contract Act, 1872, as well as notifications by various Ministries and State department notifications.
- What is Covid-19 ?
- Is Covid-19 an epidemic or a disaster?
- How is the Government taking action against Covid-19?
- How are lockdowns imposed during Covid-19?
- How is Covid-19 testing done in India?
- How are curfews imposed in India?
- How is the Government tracking people infected with Covid-19?
- Which law regulates vaccines in India?
- How do you get Covid-19 vaccination in India?
- How is a Covid-19 vaccination developed?
- What is the punishment for violating Lockdown Orders?
- What can you do if you get fake news on Covid-19?
- Is Covid-19 covered under the force majeure clause in contracts?
- What are the Covid-19 helpline numbers?
FAQs
What is the price of Covid-19 tests? Are they free of cost?
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.
Can I register for vaccination directly at the vaccination centre?
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.
How effective is Plasma Therapy?
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.
Can I get an abortion during the Covid-19 pandemic?
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.
If I go out during lockdown, will I be fined/ arrested?
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.
Is it legal for a hospital in Delhi to detain a dead person’s body?
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:
- 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).
- Sending a legal notice to the hospital.
- 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.
- Writing a letter to the National Human Rights Commission.
What information should a discharge summary contain?
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
What is the government doing to keep track of children who have been orphaned due to Covid-19?
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.
If I give false information while filling the e-pass, does it have consequences?
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.
I have tested Covid Positive recently. Can my family members come to visit me and take care of me?
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.
What are the legal remedies available if a person or government officials force for vaccination or threaten to file an FIR?
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.
Can you correct the details on the vaccination certificate online?
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.
Do I have to pay income tax if I crowdfund (via sites like Ketto, Milaap etc.) to help with the Covid situation in India?
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.
At what point can you say that the police are harassing people during the pandemic and what can you do?
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.
What can you do if you see fake vaccination drives being done?
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.
What can you do if you see animals being harmed during the pandemic?
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.
Will I get in trouble if I go outside despite being Covid-19 positive?
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.
What will happen if I don’t wear a face mask in public?
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.
I have tested Covid Positive recently. Can my family members come to visit me and take care of me?
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.
How do you apply for a Ration Card in Delhi during the pandemic?
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/
Do stores need a drug licence to sell hand sanitizers ?
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.
What are the legal remedies available if a person or government officials force for vaccination or threaten to file an FIR?
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.
Can homeopathic doctors prescribe medicines to COVID patients ?
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.
What are the COVID-19 mask related guidelines for children?
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.
How does one deal with COVID-related fake news via legal means?
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.
What guidelines have been issued for child custody during the pandemic?
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))
How to make a will during the pandemic?
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.
What is the Pradhan Mantri Garib Kalyan Package: Insurance scheme for health workers fighting Covid-19?
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:
- Claim form duly filled and signed by the nominee/claimant
- Identity proof of Deceased (Certified copy)
- Identity proof of the Claimant (Certified copy)
- Proof of relationship between the Deceased and the Claimant (Certified copy)
- Laboratory Report certifying having tested Positive for COVID-19 (in Original or Certified copy)
- Death summary by the Hospital where death occurred (in case death occurred in hospital) (Certified copy)
- Death Certificate (in Original)
- 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.
How can one report cyber crime & online abusers during the pandemic?
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.org/violence-and-abuse/reporting-online-abuse/#:~:text=You%20can%20also%20directly%20file,’Report%20Other%20Cyber%20Crime‘.))
Are there any legal provisions to ensure provision of health insurance by employers?
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).
Is there health insurance or government schemes for domestic workers?
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.))
Is door-to-door vaccination possible for older age groups in India?
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.))
Is it mandatory that both jabs of the vaccine should be from the same company?
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 I had COVID, how long should I wait before getting vaccinated?
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’.)).
I had COVID after the first jab of the vaccine, how long should I wait before getting the second jab?
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’.))
What guidelines have been issued for adoption during the pandemic?
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’.
Are mass burials or cremations legal?
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.))
Are digital wills legally enforceable, during the pandemic?
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.
How can I claim insurance for a loved one who died due to COVID, under the Government scheme Pradhan Mantri Jeevan Jyoti Bima Yojana?
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.