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Brief Analysis of Online Gaming Regulations Bill 2022

Articles

E-Sports as an emerging field:

By invoking Article 77, clause 3 of Indian Constitution, the president of India Draupadi Murmu took a huge step in expanding the scope of E-Sports in India. E-Sports are now a part of country’s conventional sports. Ms Murmu had requested the Ministry of Sports, Electronics and Information Technology for integrating the E-Sports into Multiple number of E-Sports Competitions by emphasizing that the present Indian Government acknowledges the increasing importance of Sports.

In 2018 Asian Games, which was held in Jakarta, E-Sports were included which shows that the government was not only talking but they are eager to expand the E-Sports Industry. Furthermore, it has also been included in multiple school curriculums. Given that esports have the potential to be both educational and developmental, there is a strong desire to bring esports into the academic realm and highlight its importance as more than just a form of entertainment.

Essentially, esports, or electronic sports, have been officially recognized by the Indian government as an important part of multi-sport competitions. This change in viewpoint not only reflects how sports and entertainment are changing, but it also shows that esports are being actively welcomed into the country’s larger cultural and educational framework.

Online Gaming and Regulations Bill 2022:

The present bill was introduced as bill no 78 of 2022 to establish an effective regime to regulate online gaming industry to prevent fraud and misuse and for matters connected therewith or incidental thereto.

Constiution of Online gamig commission:

The Online Gaming Commission, which would be constituted by the Central Government and consist of a Chairperson, Vice-Chairperson, and five government-nominated members, is described in Sections 3 and 4 of this bill. Experts in law, computer technology, and law enforcement are among the members. Every appointee has a three-year term of office and is eligible to leave with writing notice, including the Chairperson and Vice-Chairperson. A member may be removed by the Central Government for a number of reasons, including insolvency, a criminal record, mental incompetence, inaction, or misuse of official authority.

The Central Government appoints a Secretary and other essential staff to support the Commission. The government sets Commission employees’ pay, benefits, and terms of employment.

Among the Commission’s responsibilities are monitoring online gaming websites, recommending steps to stop unlawful online gaming, managing licences for these websites, and reporting to the Central Government on a regular or special basis. The fees for new licence applications and renewals are also set by the Commission. Furthermore, any pertinent topic may be sent to the Commission for consideration by the Central Government.

License for Online Gaming:

Section 5 of this bill states that the only way to play online gaming is through online gaming websites. For operating the online gaming server or website, a license is a must now. If people will be running such websites without a licence they would be subject to three years of imprisonment along with the fine. The bill has incorporated this strict provision for building an effective foundation of online gaming operations.

According to section 6 of the bill a written application in the required format must be submitted to the commission for acquiring the licence. Once such applications would be received by the commission they will be carrying out the required investigations and then publishing a formal order with their justification to it in written by either granting or refusing the application for license. Through this procedure they could ensure a fair and impartial assessment for the applications.

As per section 7 such license given under section 6 would be in force for a period of 6 years until and unless it is revoked or voluntarily given up by the parties. A licensee can give up their license by notifying the commission through a written notice. Even if the licensee chooses to give up their license they cannot escape their liability of any deeds or inactions done before their license was terminated. This makes sure that people do not use, giving up their license as a weapon to escape liabilities.

Breach and Punishments:

As per section 13 of the bill anyone other than the licensee, who would be violating the terms of licensing it rules of the E-Sports would be subject to fine as may be prescribed.On the authorised website, the licensee is required to post all regulations and the terms of the granted licence.

The Commission may ask the police to assist in looking into possible violations of this Chapter’s rules, as allowed by Section 14. It gives police officials the authority to search and seize items in compliance with the 1973 Code of Criminal Procedure, even if they are not below the rank of Deputy Superintendent.

As per Section 15, all offences falling under this chapter are subject to cognizance and bail. As a result, suspects in certain crimes may be freed on bond while additional legal action is taken by law enforcement, all without the need for a warrant.

Analysis & Conclusion:

With around 420 million active players, the Indian online gambling market has grown quickly over the past ten years, underscoring the necessity for extensive regulation to control its significant national influence. In the upcoming years, it is anticipated that a growing number of people will be exposed to online gaming as the internet spreads throughout rural India. The increased availability of information highlights the possible negative effects of extended gaming, especially for young people.

Long-term gaming sessions have been shown to have a number of negative repercussions, including impaired socialisation, bodily and emotional injury, and even financial loss. Concern has arisen over the widespread usage of “in-app purchases” in many games, which generate a sizable amount of income. Youngsters frequently wind up wasting money and contributing to the waste of national resources because they are persuaded by their peers or the drive to obtain virtual assets within the games.

Furthermore, users have pointed the finger at online games for wasting their valuable time. Although these games are enjoyable for leisure, it is well known that they are addictive. The idea of establishing a national commission to supervise and regulate the online gaming business becomes essential in light of the possible social, economic, and health risks connected to unregulated gaming behaviours.

The proposed Online Gaming Commission is responsible for establishing and enforcing guidelines that control the online gaming industry in India. These rules ought to change together with the industry, making sure that standards are always updated to take new issues and challenges into account. Most importantly, the commission needs to think about putting restrictions on gaming activities in place, like daily time limits and individual expenditure caps.

India can achieve a balance between fostering the growth of the online gaming sector and protecting the welfare of its population, especially the younger generation, by establishing a national commission tasked with overseeing the industry. By means of meticulous deliberation and modification of regulations, the commission would assume a vital function in moulding conscientious gaming habits and alleviating possible hazards linked to excessive and unmonitored online gaming.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Aditi

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Silenced Voices: Unveiling the Shadows of Sexual Harassment in the Halls of Justice- A Critical Analysis of Sexual Harassment Regulations for Women in Indian Judiciary

Articles , ,

“I wish to tell all the working women in India: Learn to live with sexual harassment. It’s a truth of our lives. The POSH ACT is a big wholesome lie told to us. No one listens, no one bothers. If u complaint, you will be tortured. Be submissive. And when I mean no one listens, that includes the Supreme Court. You will get 8 Seconds of hearing, an insult and a threat to impose costs. You will be pushed to commit suicide. And if you are lucky (unlike me) your first attempt at suicide will be successful. If any of the women think that you’ll fight against the system, let me tell you, I couldn’t. And I am JUDGE. I could not even muster a fair inquiry for myself, Let alone JUSTICE. I advise all women to learn to be a toy or a non-living thing.” [1]

These are the horrifying words of a learned Civil Judge from UP which recently came into the news as a shocker for the entire legal fraternity, what’s even more shocking is that the Hon’ble Ladyship prays to CJI to give her permission to end her life as she has been living a life of a walking corpse from the past one and a half year, been subject to sexual harassment by one of a district judge and his associates, and it took her 6 months and thousand emails just to start an inquiry against them which was also biased and then when she approached the Hon’ble Supreme Court her writ petition was denied within 8 Seconds.

ABSTRACT

The abovementioned news came as a concern to analyze the Workplace Harassment Mechanisms in Indian Judiciary; the present Article navigates the applicability of the POSH ACT within the Indian Judicial system (focusing on District Courts and HCs) for combating sexual harassment and their implementation and effectiveness on the ground level.

INTRODUCTION

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 famously known as the POSH Act is an Act to provide protection against sexual harassment of women in the workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.[2] Section 4 of this act provides for the constitution of the Internal Complaints Committee which is a body that is constituted within an organization to address and resolve complaints of sexual harassment. In 2013, when the POSH Act was passed, at a similar time in the case of Ms Binu Tamta & Anr. v High Court of Delhi & Ors, Writ Petition (Civil) no 162 of 2013 the supreme court upheld the formulation of “The Gender Sensitisation & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal), Regulations, 2013[3] and directed to form a GSICC i.e. Gender Sensitisation and Internal Complaints Committee to sensitize the public on gender issues and to address sexual harassment complaints within the Supreme Court precinct.[4] The Supreme Court directed every high court and district court to frame its own regulations similar to the GSICC.[5] Various district courts and high courts have also passed orders from time to time to form such committees provided under Section 4 of the POSH Act.

INTERNAL COMPLAINTS COMMITTEE IN DISTRICT COURTS AND HIGH COURTS

Karnataka High Court passed an order dated 18th October 2019 to form two Internal Complaints Committees, one for the members of judicial services and one for other staff of the High Court. Those committees are usually constituted by assembling 4-5 senior members which are mostly senior judges, registrar general of the high court, Directors of Judicial Academy, Additional Government Advocates, Directors of the mediation centers, and others.[6] Similarly High Court of Allahabad also has its Internal Complaints Committee consisting of 09 Members, which includes 04 lady Judges and one retired lady Professor of the University of Allahabad, The Committee looks into the complaints of sexual harassment of women at the workplace against the officers/ employees and Advocates of the High Court and Judicial Officers of the U.P. Judiciary.[7]

District Court in Pakur, Jharkhand also has its own ICC which was formulated in 2023. Through these Committees, a woman who has been sexually harassed at work has the opportunity to file a complaint with the Internal Complaints Committee (ICC) within three months of the incident. In accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013, if the victimized woman is physically incapable of filing a complaint, it may be submitted, among other people, by her friend, relative, coworker, or any other person who knows about the incident, with the victim’s written consent. Upon submission, a complaint will be forwarded straight to the Internal Complaint Committee (ICC) for investigation. The ICC will start the process of mediating a settlement through conciliation at the request of the women who have been wronged. After the complaint is settled, copies of the recorded settlement will be given to the respondent and the aggrieved ladies, and no more investigation will be carried out. If the respondent is an employee, the Internal Committee will investigate the complaint in accordance with the applicable Service Rules. If no such Rules are in place, the ICC will forward the complaint to the police for registration under section 509 IPC within seven days of receiving it. When the internal committee determines that the allegations against the respondent are true, as the case may be, it will suggest that appropriate action be taken, including providing the respondent with the service rules that apply to them and deducting any salaries or wages that they may be entitled to. If the internal committee determines, after considering the circumstances, that the complaint is untrue or that the complainant has produced any false or deceptive statements or documents, it may suggest to the higher authority that the proper course of action be taken.[8]

ANALYSIS OF THE GROUND-LEVEL IMPLEMENTATION OF ICC IN DISTRICT AND HIGH COURTS AND THEIR EFFECTIVENESS IN GRIEVANCE REDRESSAL

As aforementioned all of this looks perfect on paper and shows that there is a sufficient mechanism for protecting the women working in the legal arena, lady judges and advocates, from sexual harassment at their workplace, however, the reality is a little different, many district courts doesn’t have such committees till date and even all those district and high courts which have such grievance redressal committees are mostly non-functioning, like in this present case it took the Civil Judge UP, 6 months and several emails to get a inquiry started in the Allahabad HC and even after that she complaints that she couldn’t get herself a fair trial, as the institution will always protect its own. These are not mere allegations on the functioning of these committees, in 2022, The Wire conducted a Survey, where they found that an ICC for female court employees was established in 2010 at the Calcutta High Court. Three cases had been submitted up until January 2022, according to information gathered about the committee’s operations. Two of them were outstanding, and one had already been disposed of. But there’s no recourse system in place for female solicitors. When information was also requested from district courts, it was discovered that only a small number of them had an ICC for its employees; these included a few female solicitors, and the remaining ones declined to comment.[9]

Many young lawyers have raised concerns that many a time they don’t even know whether the respective courts they are working in even have an ICC or not, upon asking other staff also they don’t get clear-cut information, they even complain that even where the committee is present their concerns are not being heard properly and they often have to hear misogynistic comments from the members of ICC itself.

The Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2014 has been petitioned to the Kerala High Court to ensure that it is properly implemented throughout Kerala, including the courts. The petitioner therein detailed his experience, exposing the court’s disdain for this matter throughout the entire process.

“In the end, the Bench told me not to expect perfection and to be content that at least something is being done,” he adds.[10]

WAY FORWARD

We need to Amend the in-house procedure while considering principles for departmental inquiries into sexual harassment. The Full Court should use its authority to define the composition of a committee empowered to handle such inquiries. It has to be ensured that the committee is well-represented and constituted according to established guidelines and for that there should be a Supervising committee powered by the legislature, for all the district courts and the High Court’s ICC in every state, constituting of impartial members who can effectively check whether these ICC’S are functioning fairly or not and whether the cases are resolved on time or not.

The present matter of the Civil Judge UP is under inquiry;[11] hence we cannot formalize any opinions unless the formal verdict is passed because here in the legal field, we firmly believe in “Innocent until proven guilty” However it’s really really sad to read whatever has been written in the “Open letter, and makes us wonder that when the Law Upholders, Lawyers and the Judges in this Country have to go through this worst, what precedent we are going to set for the general public?

Hopefully through this present matter of this letter to CJI, we could expect that the Apex Court’s Attention would be drawn to the present issue that we are lagging in effectively providing the women of this legal profession a safe space for grievance redressal regarding workplace harassment, mostly the Apex Court would now take stringent steps in order to strengthen the mechanisms for Protection of Women from Sexual Harassment in Legal Fraternity.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Aditi

References

[1] Sharma, C. (2023, December 15). “Learn To Live With Sexual Harassment,” Female Judge Writes To CJI Wanting Permission To End Life. https://edtimes.in/learn-to-live-with-sexual-harassment-female-judge-writes-to-cji-wanting-permission-to-end-life/

[2] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013|Legislative Department | Ministry of Law and Justice | GoI. (n.d.). https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/sexual-harassment-women-workplace-prevention-prohibition-and-redressal

[3] GSICC | SUPREME COURT OF INDIA. (n.d.). https://main.sci.gov.in/gsicc

[4] Workplace Sexual Harassment Law for India’s Judiciary – Nyaaya. (2022, March 21). Nyaaya. https://nyaaya.org/guest-blog/workplace-sexual-harassment-law-for-indias-judiciary/

[5] Sexual Harassment and Redressal Mechanism in Courts: Notes from West Bengal. (n.d.). The Wire. https://thewire.in/rights/sexual-harassment-and-redressal-mechanism-in-courts-notes-from-west-bengal

[6] NOTIFICATION. (2019, October 18). Retrieved December 16, 2023, from https://karnatakajudiciary.kar.nic.in/committees/internal-complaint-18102019.pdf

[7] Internal Committee. (n.d.). https://www.allahabadhighcourt.in/iccomm/

[8] Internal Complaints Committee (ICC)- Pakur. (n.d.). Retrieved December 16, 2023, from https://districts.ecourts.gov.in/internal-complaints-committee-icc-0

[9] Sexual Harassment and Redressal Mechanism in Courts: Notes from West Bengal. (n.d.). The Wire. https://thewire.in/rights/sexual-harassment-and-redressal-mechanism-in-courts-notes-from-west-bengal

[10] Ibid

[11] Sharma, C. (2023, December 15). “Learn To Live With Sexual Harassment,” Female Judge Writes To CJI Wanting Permission To End Life. https://edtimes.in/learn-to-live-with-sexual-harassment-female-judge-writes-to-cji-wanting-permission-to-end-life/

 

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Navigating the Legal Landscape of Digital Healthcare in India”

Articles

What is Digital Health?

In simple terms, digital health means using innovative digital techniques to make health care facilities easily accessible to people.

World Health Organization has explained digital health[1] as an umbrella term, which includes e-health, Big Data, genomics, artificial intelligence, genetics, and a lot of other things. It simply means any devices or services which is being used for enhancing Information and Communication technology (ICT)[2] for the betterment of healthcare encompassing tracking of chronic diseases, results of treatments, and accuracy of diagnostic. The two main components of digital health are, first digitalizing all the medical data and secondly delivering medical services by using several technologies. One of the greatest developments is Telemedicine, which has made it easy for people to obtain medical facilities from far away, sitting at their homes and eliminating the need for them to visit a clinic in person to a great extent. Another one is Robot-assisted surgeries which are a big help for medical practitioners. A lot of advancements have taken place in the medical field because of Artificial intelligence, it’s being used for diagnosing, treating patients, and generating potential outcomes of various range of treatments for various illnesses. Because of Digitalizing these services, it’s making health care more rights-based, a digital healthcare paradigm has the potential to bring about major and revolutionary changes. Within the literature on public health, the PANEL principles—participation, accountability, non-discrimination, empowerment, and legality—form the cornerstones for guaranteeing healthcare access within a framework grounded in rights.

A rights-based approach to healthcare is founded on the rights guaranteed by international and regional agreements, national constitutions, laws, and policies, as well as the freedom from cruel and degrading treatment, equality and non-discrimination, autonomy, privacy, and confidentiality.[3]

Digital Health in India:

In India, “digital health” refers to the use of digital technology in healthcare to improve workflow and offer individualized treatment for patients. The Digital Information Security in Healthcare Act of 2018 (DISHA)[4] defines “digital health data” as electronic records of an individual’s health-related information, though words like “digital health,” “digital medicine,” and “digital therapeutics” lack clear definitions.

The necessary information about a person’s physical and mental health, the services they have received from health providers, any body parts or biological substances they have donated, and test and examination results are typically included in the term “digital health data.”  The Indian government released the Telemedicine Practice Guidelines (TPG) in March 2020[5] with the notable goal of establishing telemedicine as a routine practice.  The World Health Organisation (WHO) defines telemedicine[6] as “the delivery of healthcare services by all healthcare professionals using information and communication technologies when distance is a critical factor,” which is in line with the standards. Many tools and services are used in the healthcare industry to use information and communication technology (ICT) to prevent, minimize, treat, and track illness patterns.  The idea of digital health is best shown by the use of genetics and digital technologies for early disease identification and prompt treatment.  The Indian government’s Ministry of Health and Family Welfare (MoHFW) is in charge of this sector. [7]

Major Laws that are governing digital healthcare in India:

  1. Information Technology Act, 2000[8]

Section 2(1)(w) – Any individual or organization that handles tasks like receiving, storing, transmitting, or offering services linked to electronic records on behalf of another is referred to as an “intermediary” in the context of electronic records. Many service providers are included in this definition, including search engines, online marketplaces, online payment sites, online auction sites, telecom service providers, network service providers, internet service providers, and web hosting service providers. Put simply, intermediaries let users or clients handle and manage their electronic records more easily.

Section 43A- A business may be required by law to reimburse a person for damages if it neglects to sufficiently protect sensitive personal data kept on its computer systems and this failure causes the person to suffer harm or financial loss. The money is meant to make up for any unjustified profit or loss brought about by the business’s neglect to put in place and keep up appropriate security policies and procedures.

Section 79- Under certain conditions, intermediaries are excluded from liability under Section 79 of the statute. With the exclusions listed in subsections (2) and (3), subsection (1) states that an intermediary is not liable for third-party data, information, or communication links hosted by them despite current regulations. Subsection (2) protects intermediaries whose only duty is to provide users with access to a communication system; if they initiate or oversee the transfer of content, they are exempt from liability. In addition, the intermediary must demonstrate that it has carried out its legal due diligence and adhere to the guidelines set forth by the Central Government. However, subsection (3) outlines the situations in which the exception does not apply. Section 79 of the Act exempts intermediaries from liability under specific circumstances. Despite existing legislation, subsection (1) specifies that an intermediary is not accountable for third-party data, information, or communication links hosted by them, with the limitations mentioned in subsections (2) and (3).

Subsection (2) protects intermediaries whose only duty is to provide users with access to a communication system; if they initiate or oversee the transfer of content, they are exempt from liability. In addition, the intermediary must demonstrate that it has carried out its legal due diligence and adhere to the guidelines set forth by the Central Government. However, subsection (3) outlines the situations in which the exception does not apply.

  1. The Clinical Establishments (Registration and Regulation) Act, 2010[9]

Section 38(1) and (2) – All State Governments in India are required by law to keep up the State Register of clinical facilities, according to a directive from the Central Government. All State Governments are required by Sections 38(1) and (2) to keep this registry up to date in a digital format in compliance with the specifications and standards given by the Central Government. This record, which aims to hold comprehensive information about clinical facilities situated inside the state’s borders, should be called the State Record of Clinical Facilities. The Central Government will decide what information must be included in the digital registry, which would enable uniform and standardized record-keeping throughout all states. Through simplification of the data collection and maintenance process, this directive seeks to increase uniformity and effectiveness in the management of clinical institution data. Furthermore, it is the State Government’s responsibility to send the State Register to the Central Government regularly.

Creating a digital version of the State Register of Clinical Institutes is necessary to comply with the Central Government’s requirements. Furthermore, any additions, updates, or adjustments made to the register during a given month must be reported to the Central Government by the fifteenth day of the following month. This reporting requirement ensures that any modifications to the status or characteristics of therapeutic facilities are quickly communicated to the Central Government. Moreover, the State Government bears the responsibility of consistently providing the Central Government with the State Register. To comply with the Central Government’s deadlines, a digital copy of the State Register of clinical establishments must be provided. In addition, by the fifteenth day of the following month, the Central Government must be notified of any additions, updates, or modifications made to the register during that specific month. This reporting obligation makes sure that the Central Government is promptly updated on any changes to the status or specifics of clinical facilities. Essentially, the State and Central Governments worked together to create the State Register of Clinical Establishments, which is a comprehensive and current repository of data necessary for efficient healthcare management and regulatory oversight. The focus on digital forms and prompt reporting highlights the nation’s commitment to modernizing and improving the effectiveness of the healthcare information system.

  1. Digital Personal Data Protection Act, 2023[10]

Clause 8- By this legislation, the Data Fiduciary (one who has data of patients), must abide by the Act’s provisions and any related rules, regardless of any agreements to the contrary or breaches in the Data Principal’s obligations. This obligation covers any processing actions carried out by the data fiduciary or by a data processor acting on its behalf. When a Data Fiduciary hires a Data Processor to manage personal data associated with providing products or services to Data Principals, the agreement must be legally binding. A data fiduciary is responsible for ensuring the accuracy, consistency, and completeness of any personal information they process that could have an impact on a decision impacting the data principal or be shared with another data fiduciary. A Data Fiduciary must put in place the proper organizational and technological safeguards to guarantee compliance.

Furthermore, by implementing appropriate security measures to guard against breaches of personal data, the Fiduciary is required to secure any personal data that it owns or controls, including information handled by a Data Processor on its behalf. The Data Fiduciary must promptly notify the Board and each impacted Data Principal in the sad event of a personal data breach, using the format and procedures that are needed. Furthermore, when the Data Principal withdraws consent or the indicated purpose is reasonably presumed to no longer be fulfilled, whichever occurs first, the Data Fiduciary shall remove personal data, unless retention is required for legal compliance. This duty also includes requiring the Data Processor to destroy any personal information that was processed after being acquired from the Data Fiduciary.

Other Laws, Regulations, and bodies governing Digital Health:

Some of the other laws and regulations governing digital health in India are The Drugs and Cosmetics Act, 1940[11]; 2011 Rules of Information Technology Reasonable security practices and Procedures and sensitive personal data or Information [12], particularly rules 3, 4(1), 5(1), 5(3), 5(7), 7; Rule 3 of Intermediary Guidelines of 2011[13]; Medical Device Rules, 2017[14]; e-Health India[15]; Health Data Management policy, 2020[16]; Telemedicine practice guidelines[17]; Privacy as a fundamental right in India and Right to Health.

Conclusion

Just like Zomato & Swiggy, Today Healthcare is also available on our doorsteps, we can consult doctors online through apps like Practo[18], and Apollo 24/7[19], which got very popular during the Pandemic because it became easy for people to consult doctors digitally without stepping out of their houses, digital screening also became quite famous, however, all the data of patients that are being taken by Data Fiduciaries needed to stay protected to ensure that their privacy is not getting breached, for which there are several laws in place, however, informed consent and capacity-building for the effective collection and processing of data are challenges that is needed to overcome.

It can also be seen that it’s important for a country to invest more in the healthcare sector, like the U.S., Norway, etc.[20] Investing more and making the healthcare system more digital, could improve access to high-quality care, especially for underprivileged populations.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Aditi

References:

[1] Digital health. (2019, October 10). https://www.who.int/health-topics/digital-health

[2] Information and Communication Technologies. (n.d.). Science Direct. Retrieved December 9, 2023, from https://www.sciencedirect.com/topics/computer-science/information-and-communication-technologies

[3]Deepika. (n.d.). Regulation of Digital Healthcare in India: Ethical and Legal Challenges. Retrieved December 9, 2023, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10048681/#:~:text=The%20Information%20and%20Technology%20Act,Intermediary%20Guidelines%E2%80%9D)%20govern%20a%20key

[4] (Comments on Draft Digital Information Security in Health Care Act.(DISHA) | Ministry of Health and Family Welfare | GOI, n.d.)

[5] Telemedicine Practice Guidelines. (n.d.). Retrieved December 9, 2023, from https://www.mohfw.gov.in/pdf/Telemedicine.pdf

[6] WHO issues consolidated guide to running effective telemedicine services. (2022, November 10). https://www.who.int/news/item/10-11-2022-who-issues-new-guide-to-running-effective-telemedicine-services

[7] Singh, M., & Musyuni, P. (2023, March 17). Digital Health Laws and Regulations India <span>2023</span> International Comparative Legal Guides International Business Reports. https://iclg.com/practice-areas/digital-health-laws-and-regulations/india

[8]Information Technology Act, 2000. (n.d.). Retrieved December 9, 2023, from https://eprocure.gov.in/cppp/rulesandprocs/kbadqkdlcswfjdelrquehwuxcfmijmuixngudufgbuubgubfugbububjxcgfvsbdihbgfGhdfgFHytyhRtMjk4NzY=

[9] The Clinical Establishments (Registration and Regulation) Act, 2010. (n.d.). Retrieved December 9, 2023, from https://cbhidghs.mohfw.gov.in/WriteReadData/l892s/The%20Clinical%20Establishment%20Act%202010-2013.pdf

[10] Digital Personal Data Protection Act, 2023. (n.d.). Retrieved December 9, 2023, from https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf

[11] The Drugs and Cosmetics Act, 1940. (n.d.). Retrieved December 9, 2023, from https://cdsco.gov.in/opencms/export/sites/CDSCO_WEB/Pdf-documents/acts_rules/2016DrugsandCosmeticsAct1940Rules1945.pdf

[12]Information Technology Reasonable security practices and procedures and sensitive personal data or information Rules 2011. (n.d.). Retrieved December 9, 2023, from https://upload.indiacode.nic.in/showfile?actid=AC_CEN_45_76_00001_200021_1517807324077&type=rule&filename=GSR313E_10511(1)_0.pdf

[13]The Information Technology (Intermediaries Guidelines) Rules. (n.d.). Retrieved December 9, 2023, from https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf

[14]Medical Device Rules,2017. (n.d.). Retrieved December 9, 2023, from https://cdsco.gov.in/opencms/resources/UploadCDSCOWeb/2022/m_device/Medical%20Devices%20Rules,%202017.pdf

[15] E-HEALTH & TELEMEDICINE. (n.d.). Retrieved December 9, 2023, from https://main.mohfw.gov.in/?q=Organisation/departments-health-and-family-welfare/e-Health-Telemedicine

[16] Health Data Management policy, 2020. (n.d.). Retrieved December 9, 2023, from https://abdm.gov.in:8081/uploads/health_management_policy_bac9429a79.pdf

[17] Ibid

[18] Practo | Video Consultation with Doctors, Book Doctor Appointments, Order Medicine, Diagnostic Tests. (n.d.). Practo. https://www.practo.com/

[19]Online Medical Store, Online Medicine Order, Fastest Delivery – Apollo Pharmacy. (n.d.). Apollo Pharmacy. https://www.apollopharmacy.in/?variant=2&utm_source=google&utm_medium=srb&campaignid=12441686376&adgroupid=116238927017&keyword=apollo%2024%207&device=c&adtype=&product_id=&utm_campaign=Apollo_Branding_Services_Bangalore&utm_content=Apollo_247_EM&gad_source=1&gclid=CjwKCAiAvdCrBhBREiwAX6-6UgZUJObKi9yKdPzKIRASg68mvdnX6H5yZFZt9Fk852OFuEk8SSY-xRoCUxgQAvD_BwE

[20] Per capita health spending by country 2022 | Statista. (2023, September 19). Statista. https://www.statista.com/statistics/236541/per-capita-health-expenditure-by-country/#:~:text=health%20care%20services.-,Health%20Expenditure%20in%20the%20U.S.,percent%20by%20the%20year%202031.

 

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The Delhi High Court by mutual consent of both the parties, allowed the Petitioner/Plaintiff to submit an affidavit of witnesses as part of Examination in chief, post order given by Trial court denying the same.

Articles

Title- Vijay Kumar v. C.S Valsala Kumaran Nair

Decided on: 06.10.2023

+ CM(M) 1392/2018

Introduction

The present petition is filed under Article 227 of the Indian Constitution (Power of Superintendence over all the courts by the High Court). The Delhi HC by mutual consent of both the parties, allowed the Petitioner/Plaintiff to submit an affidavit of new witnesses as part of Examination in Chief, post order given by the Trial court denying the same.

Facts of the Case

This Petition disputes the truth, validity, or honesty of the order given on 13th of August, 2018 and 17th of September, 2018 which was passed by the Hon’ble Additional District Judge-02, West, Delhi in a Civil Suit with bearing no. 116/27/15 (New No. 609668/2016).

The said suit was titled “Vijay Kumar v. C.S. Valsala Kumaran Nair”. The Petitioner in the present case was the original Plaintiff and the Respondent was the original Defendant in the aforementioned civil suit.

The petitioner had requested the trial court to reconsider their decision made on 13th of August 2018 however the request was also declined by the court vide its order dated, 17th of September, 2018.

The previous decision given in August had closed the plaintiff’s right to submit an affidavit of witnesses as part of their Examination in chief.

The civil suit bearing no. 116/27/15 was filed by Petitioner/Plaintiff Vijay Kumar against Respondent/Defendant C.S. Valsala Kumaran Nair for recovery of a total amount of Rs. 48,482,95/- under Order XXXVII of C.P.C [Summary Suit].

Court Judgement and Analysis

Delhi High Court in this matter set aside the Judgement dated 13th of August, 2018 and 17th of September, 2018 through mutual consent of both the parties agreeing to some mutual terms-

The plaintiff agreed that concerning the list of the witnesses filed as annexure P-7 to this petition, he does not propose to examine the witness listed at serial No. 3, 12, 13, 14, and 15 and would only be examining the rest.

He also stated that no other witness is proposed to be examined, and he agreed to duly cooperate with the trial court in recording of the evidence and not seek adjournments. The counsel for the defendant also agreed with the terms proposed by the plaintiff.

Hence, the court allowed the plaintiff to file an affidavit of proposed witnesses within four weeks. And the court held that both the parties are bound down to the statements made before the Judges.

Interim orders were laid vacated, pending applications were disposed of and the parties were directed to appear before the Trial court on the given date, the Trial court was requested to fix the matter by recording the evidence of the plaintiff on the said date.

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Written by- Aditi

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Delhi High Court directed Indo-Tibetan Border Police to review the Cadre-Exercise and Conduct personal hearing of their Senior Most Assistant Commandant and Petitioners within 4 weeks.

Articles

Title: Kailash Chand Saini & Ors. vs Union of India & Anr.

Decided on: 03.10.2023

+ W.P.(C) 11488/2018

Introduction

The court in the present writ petition for reviewing Cadre-Exercise, relied on the ratio decidendi given in gave direction to Indo Tibetan Border police to conduct personal hearings of Senior Most Assistant Commandant (Pioneer) and Petitioners within 4 weeks and also asked them to make any necessary changes if needed.

Facts of the Case

The Petitioners filed the present Writ Petition for requesting the Courts to give directions to the Indian Government for reviewing the Cadre-Exercise being undertaken by Indo-Tibettan Border Police.

Court Judgement and Analysis

The Counsel for petitioners, Kailash Chand Saini & Anr., relied on the Judgement given in an identical writ petition WP (C) No. 5968/2020 titled Lokesh Kumar Arya and Ors. Vs Union of India, dated 4th of June, 2020 wherein a Co-ordinate bench of the Hon’ble HC had directed the ITBP to review the Cadre Exercise.

The Counsel from the Respondent’s side also conceded with the counsel for Petitioners and acknowledged that the Cited Judgement “Lokesh Kumar Arya vs Union of India” is relevant to the current case’s facts.

The Counsel for Respondents also proposed that the present petition should be resolved according to the instructions given in the cited case.

Hon’ble High Court in the present petition, relying on the ratio decidendi given in the Lokesh Case, directed the Indo-Tibetan Border police to review their Cadre Exercise within 4 weeks.

The ITBP was also directed to treat the present writ petition like a representation from the petitioner’s side and asked them to conduct a personal hearing of their Senior Most Assistant Commandant and the petitioners.

The Hon’ble court also emphasized that during the said hearing both the parties would have the right to present any additional information, if relevant.

After the personal hearing, if the ITBP finds the case in merit, they would have to make all the necessary modifications or corrections and if no merit is found in the petitioner’s claims then they are free to issue an order with reasons for rejecting all the claims made by the petitioner.

The Court also clarified that the cadre exercise must be in adherence to the guidelines set by the previous court judgments on cadre review, as per the directions given in office memorandums (OMs) and the Monograph of the Department of Personnel and Training (DoPT).

By further clarifying that the review, if required, so ordered, would not suspend or come in the way of the operation of the cadre review already done/undertaken, the Hon’ble Delhi HC disposed of the petition.

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Written by- Aditi

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