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No, a person cannot be confined in a hospital without a lawful justification19 nor do the hospitals have any right to illegally detain a person for non-payment of bills or over any dispute regarding the hospital charges20 since the patients have a right to take discharge at any point during the treatment.The Ministry of Health and Family Welfare (MoHFW) has released a discharge policy to aid the discharge process.
Similarly, the family or relatives of the deceased have the right to the dead body. It cannot be detained on procedural grounds21 or on the grounds that the patient is suspected to have COVID. The Ministry of Health and Family Welfare has also issued guidelines on the management of dead bodies which state that those handling the bodies should be wearing PPE (personal protective equipment) and that the body bag should be infected.
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