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Force majeure clauses1 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 useRead more

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 reportRead more

The punishments for violating lockdown orders are: OffencePunishmentNegligently spreading the infection of diseaseThe punishment is jail time of up to 6 months or/and  fine.1Running away from hospitals during and after the period of testing The punishment is jail time of up to 6 months or/and  fine. 1Disobeying a public servant doing their duty The punishment is jailRead more

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 despiteRead more

The Covid-19 vaccine is developed in the following manner1:  Phases of vaccine development or trial Purpose Pre-clinical phaseIn 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 ofRead more

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 approvalRead more

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 thatRead more

The following Covid-19 tests are done in India1: Rapid Antigen Test (RAT) An antigen refers to any foreign matter or viral proteins in the body that triggers an immune response. This test helps identify the antigens related to the Covid-19 virus. Antigen test, also known as rapid antigen test, is a rapid diagnostic test, butRead more

Typically, the Government response to an epidemic, such as Covid-19, involves two primary laws – the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005.  The Epidemic Diseases Act, 1897 The Epidemic Diseases Act, 1897 (“Epidemic Act”) gives the Central Government as well as State Governments the power to take special measures and prescribeRead more

A patient has the right to choose the treatment course once the doctor has informed the patient of all the options. 1 The patient or their caregiver cannot be forced to follow a certain treatment against their will, even if the doctor deems it necessary. Refusing Treatment The patient can even refuse treatment altogether afterRead more

If patients or their caregivers have a grievance against a doctor or the hospital administration regarding the quality of treatment provided, they have a right to seek redressal for the same. Further, they can do so if any of their other rights as patients have been violated. For instance, violation of privacy, discrimination against youRead more

Patients have the right to receive education about the facts relevant to their condition and healthy living practices. For instance:1 Rights and responsibilities as patients.2 Information regarding insurance schemes, entitlements (in case of charitable hospitals). Complaint forums and grievance redressal. In addition, all this information must be provided in a language easily understood by theRead more

During any point in the treatment, a patient is free to take discharge or leave from the hospital. For example, hospital authorities cannot force patients to stay in the hospital or restrict them from moving out of the hospital. Similarly, caretakers of a deceased patient have the right to receive his body from the hospital.Read more

All clinical trials in India operate as per guidelines issued by the Central Drugs Standard Control Organization, Directorate General of Health Services in India. 1 Some of the main guidelines for clinical trials are: Application for permission to conduct such a trial must be sought according to the procedure laid out by the rules. The Read more

All patients have a right to ‘continuity of care’. Service and quality of care given to a patient cannot change if a patient is: Referred to a different doctor Transferred to a different facility. It is the patient’s right to get complete information while transferring including:  1: Reason for transfer Alternative options available Confirmation ofRead more

Patients have the right to decide where they want to buy medicines from or where they want to get tests done from. 1. This ensures that no limit to a patient’s options while choosing pharmaceutical brands or medicines. For example, if a doctor forces you to buy overpriced medicines for the purpose of earning aRead more

It is the duty of medical establishments to provide a safe and clean environment for treatment. Infection control measures, safe drinking water and sanitation facilities should be provided in accordance with BIS(Bureau of Indian Standards)/FSSAI(Food Safety and Standards Authority of India) guidelines. The standard of care to be followed with regard to medical equipment andRead more

Doctors and medical personnel are required to keep aside their personal beliefs while treating a patient. They cannot refuse treatment to patients only on the grounds of gender, sexuality, caste, religion, race or place of birth. Further, no one can refuse treatment on the basis of illnesses like HIV+ status or other socially stigmatized conditions.Read more

The law regulates all costs that are levied on patients for services, tests and treatments rendered by medical establishments. 1 This prevents overcharging and ensures that medicines are accessible for the public. Transparency of Rates and Charges All clinical establishments have to clearly display the rates that they charge for each service. 2 This createsRead more

Every patient can approach another doctor to obtain a second opinion. In other words, if you want to explore more options or you are dissatisfied with treatment, you can obtain a second opinion. This right to second opinion protects the freedom of a patient to seek the medical care that the patient thinks is bestRead more

All medical professionals have to be patient and delicate with whomever they treat medically.1 Further, they have to maintain the highest level of confidentiality regarding the private details of the patient. 2 Examination of female patients Female patients can request for the presence of another female in the room while being examined by a maleRead more

All procedures or treatments on a patient must be done only after he or she has provided consent. Now, this ‘consent’ has to be given: By a person who is conscious, of sound mind and above 12 years of age. 1 Free from any undue influence, threat, mistake. 1 For a specific intervention. For instance,Read more

Trigger Warning: This explainer contains information on violence and medical procedures which some readers may find disturbing. Prompt and quality healthcare at a time of urgency can mean the difference between life and death. Article 21 of the Constitution of India, 1950 preserves the right to life all persons. This also extends to your rightRead more

Patients have the right to obtain authentic information regarding their medical condition or ailment, method of treatment and options for treatment. 1. Patients have to be provided: Adequate information so that they can make an educated decision, give consent or withdraw consent for treatment. Medical information in a language that the patient understands, communicated toRead more

The word ‘patient’ has not been defined anywhere under Indian Law. However, the term covers those people who receive healthcare services by doctors or medical professionals. The Government including state governments have a duty to provide healthcare services and improving public health.1. Laws governing Patient Rights The laws governing rights of  people who approach healthcareRead more

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 toRead more

The legal age for smoking is 18 years. It is illegal for1 anyone to sell, in any way, cigarettes or any other tobacco products to anyone below 18 years of age, or within 100 yards of an educational institute. Duties of Sellers If you are selling cigarettes or other tobacco products, you must ensure theRead more

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 specificRead more

When States impose a curfew, they pass orders under Section 144 of the Code of Criminal Procedure , 1973 (Section 144).  A curfew is imposed in districts and States to prevent the localized spread of Covid-19 based on the number of cases in that particular area. This is an administrate power that rests with MagistratesRead more

The COVID-19 lockdown across States is used as a measure to prevent the further spread of the disease. The lockdown is imposed through a set of orders by which the National Disaster Management Authority (National Authority) requests all Government Ministries/Departments including State/Union Territory Governments to take effective measures  to prevent the spread of Covid-19 inRead more

Covid-19 is a widespread epidemic, and also a declared disaster in India. The Government has the power1 to take measures and prescribe regulations to: Prevent the spread of a dangerous epidemic disease like Covid-19. Inspect any ship or vessel leaving or arriving in any port. Detain any person planning to leave or arrive in India.Read more

Coronavirus disease (Covid-19) is an infectious disease caused by a newly discovered coronavirus i.e. severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). First identified in Wuhan, China, in December 2019, the World Health Organization (WHO) declared the outbreak to be a pandemic on 11 March, 2020. Common Symptoms According to the WHO (World Health Organization), thoseRead more