0

“NAVIGATING THE LEGAL LANDSCAPE: LAWS GOVERNING MEDICAL PRACTICE AND HOSPITALS IN INDIA”

Articles

INTRODUCTION:

In India, the practice of medicine and the operation of hospitals are critical to the well-being of its population. A strong legal framework is required to ensure excellent healthcare and protect the rights of both patients and medical practitioners. We dig into the constitutional provisions, the necessity for particular legislation, and a study of the legal environment governing medical practice and hospitals in India in this detailed essay.[1]

CONSTITUTIONAL PROVISIONS:

Article 21 of the Indian Constitution provides the right to life and personal liberty, which has been broadly construed by the judiciary to encompass the right to health. Furthermore, Article 47 requires the state to enhance public health and nutrition.

These constitutional articles establish the groundwork for the legislative framework that governs medical practice and hospitals, emphasizing the state’s role in ensuring that all people have access to quality healthcare.[2]

NEED FOR LAWS GOVERNING MEDICAL PRACTICE:

As healthcare is so complicated, clear laws are required to protect ethical standards, patient safety, and the general integrity of the medical profession. Medical practice laws seek to strike a balance between delivering excellent healthcare services and preserving patients’ rights and well-being. These laws address key issues such as medical ethics, professional behavior, and healthcare provider responsibility.

ANALYSIS OF LAWS APPLICABLE:

  1. Regulations of the Medical Council of India (MCI)[3]: The Indian Medical Council Act governs the MCI, which establishes standards for medical education, registration, and professional behavior. Its principles specify ethical procedures, ensuring that medical practitioners adhere to the highest integrity and competency requirements.
  2. Consumer Protection Act (CPA)[4]: The CPA protects patients’ rights as customers. Individuals can seek compensation for medical malpractice and negligence in consumer courts. This law is an important tool for holding healthcare professionals responsible and maintaining patient satisfaction.
  3. Clinical Establishments (Registration and Regulation) Act[5]: This Act requires all clinical establishments, including hospitals and diagnostic centers, to be registered and regulated. It focuses on guaranteeing patient safety, maintaining basic standards of facilities and services, and allowing systematic inspections.
  4. The Drugs and Cosmetics Act[6]: It regulates the manufacturing, marketing, and distribution of pharmaceuticals and medical equipment in order to assure the market availability of safe and effective medications. It is critical in ensuring pharmaceutical product quality and safeguarding patients from poor or counterfeit pharmaceuticals.
  5. Indian Penal Code (IPC)[7] and Negligence Laws: Criminal responsibility for medical practitioners is addressed by IPC provisions in conjunction with negligence statutes. Legal proceedings can be initiated under applicable IPC sections and negligence laws to offer justice to the affected persons in situations of medical malpractice resulting in damage or death.

RECENT LAWS:

  1. Telemedicine Guidelines[8]: In response to the rising importance of telemedicine, particularly in the aftermath of the COVID-19 epidemic, India’s Ministry of Health and Family Welfare developed guidelines for telemedicine practice. These criteria and procedures for providing healthcare remotely are outlined in these recommendations.
  2. Assisted Reproductive Technology (Regulation) Act 2020[9]: When passed, this law will try to regulate the assisted reproductive technology (ART) sector in India. It discusses infertility therapies, embryo and gamete donation, surrogacy, and the ethical implications of ART.
  3. The Mental Healthcare Act of 2017[10]: This Act focuses on the rights of those suffering from mental illnesses, including assuring their access to mental healthcare services and preventing discrimination against them. It also provides requirements for mental health establishment registration and regulation.
  4. 2021 Medical Termination of Pregnancy Amendment Act[11]: In 2021, the Medical Termination of Pregnancy (MTP) Act was significantly amended, increasing the gestation limit for abortion from 20 to 24 weeks under certain cases. This reform gives women more reproductive rights and answers certain medical concerns.

CASE LAW:

  1. V. Mohana Krishnan v. Tamil Nadu State (2022): The Supreme Court addressed the question of medical negligence and the accountability of healthcare practitioners in this important judgment. The petitioner claimed that carelessness caused a family member to die following surgery. In its decision, the court emphasized the necessity of conforming to the norms established by the Medical Council of India (MCI) and other regulating agencies. It emphasized the need to conduct a comprehensive inquiry in situations of medical negligence and emphasized the importance of the Consumer Protection Act in giving remedies to dissatisfied individuals. This case demonstrated the judiciary’s dedication to protecting patient rights and enforcing responsibility in the medical profession.[12]
  2. Common Cause (A Regd. Society) v. Union of India (2018): The Supreme Court decriminalized passive euthanasia and recognized the right to die with dignity as a fundamental right under Article 21 of the Constitution in this landmark judgment. The decision created a legal foundation for ‘Living Wills’ and set instructions for the administration of advance directives. The court recognized the significance of dealing with the complicated medical and ethical concerns surrounding end-of-life care. This case not only had far-reaching consequences for patients and their families, but it also underlined the need for legal and ethical issues in the ever-changing world of medical practice.[13]
  3. Indian Medical Association v. V.P. Shantha (1995): While not a recent case, the V.P. Shantha case established important ideas about patient rights and medical practitioners’ responsibility. In this decision, the Supreme Court ruled that doctors who provide medical services had a contractual commitment to their patients. The decision emphasized the need for doctors to inform patients about potential dangers and alternatives before seeking consent for medical operations. This case has a long-term influence on medical practice, emphasizing the significance of openness, informed consent, and patient-centered treatment.[14]

CONCLUSION:

The legislative structure governing medical practice and hospitals in India is complex, attempting to strike a careful balance between patients’ rights and healthcare professionals’ obligations. While these regulations are important for safeguarding medical ethics, guaranteeing patient safety, and maintaining the quality of healthcare services, their successful execution is also critical. To stay up with advances in medical research, technology, and developing healthcare concerns, current laws must be updated and amended regularly.

In conclusion, a comprehensive and well-enforced legislative framework is required to instill trust in the healthcare system, develop ethical medical practices, and ultimately contribute to the nation’s well-being. Medical professionals, legislators, and legal authorities must work together to solve growing concerns, reinforce current regulations, and guarantee that India’s healthcare system advances in accordance with global norms.

 

Written by – Aastha Ganesh Tiwari

 

[1] Madhav Madhusudan Singh, Uma Shankar Garg, Pankaj Arora: Laws Applicable to Medical Practice and Hospitals in India; Legal and Ethical Issues (JRFHHA) https://www.imalko.in/downloads/laws.pdf

[2] Laws Applicable to Medical Practice & Hospitals in India by Snehil Sharma (21st November 2022) https://www.legalbites.in/topics/articles/laws-applicable-to-medical-practice-and-hospitals-in-india-357711#:~:text=The%20Laws%20which%20are%20applicable,of%20consent%20for%20captive%20power

[3]https://www.nmc.org.in/rules-regulations/mci-regulations-2000/

[4]https://consumeraffairs.nic.in/sites/default/files/CP%20Act%202019.pdf

[5]https://www.indiacode.nic.in/bitstream/123456789/7798/1/201023_clinical_establishments_%28registration_and_regulation%29_act%2C_2010.pdf

[6]https://cdsco.gov.in/opencms/export/sites/CDSCO_WEB/Pdf-documents/acts_rules/2016DrugsandCosmeticsAct1940Rules1945.pdf

[7]https://lddashboard.legislative.gov.in/sites/default/files/A1860-45.pdf

[8]https://www.mohfw.gov.in/pdf/Telemedicine.pdf

[9]http://164.100.47.4/BillsTexts/LSBillTexts/PassedLoksabha/97-C_2020_LS_Eng.pdf

[10]https://main.mohfw.gov.in/sites/default/files/Mental%20Healthcare%20Act%2C%202017_0.pdf

[11]https://nhm.hp.gov.in/storage/app/media/uploaded-files/mtp-amendment-act2021.pdf

[12]https://www.casemine.com/judgement/in/6157b22e9fca197b22afefbc

[13]https://privacylibrary.ccgnlud.org/case/common-cause-a-regd-society-vs-union-of-india-uoi-and-ors#:~:text=The%20Petitioner%20further%20claimed%20that,medical%20treatment%20without%20their%20consent.

[14]https://indiankanoon.org/doc/723973/

0

“Unveiling the Dynamics of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023”

Articles

INTRODUCTION:

A significant development occurred on Thursday, December 28, 2023, when the President approved the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023.[1] The Bill was Introduced in Rajya Sabha on the 10th of August 2023 and passed by both Houses of Parliament on December 12 and 21 respectively. The Act sets the terms of service and processes for CEC and EC appointments, repealing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act of 1991 in the process which didn’t contain any such provisions relating to the appointment of these officials.[2]

BACKGROUND: WHAT WAS THE NEED TO BRING THE NEW ACT?

According to Article 324(2) of the Constitution, the President has the power to appoint CECs and ECs with the assistance and advice of the Council of Ministers until Parliament passes a statute establishing the requirements for selection, terms of office, and tenure. For a long period, no such law related to the appointment of such officials was present.[3]

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 had chapters inculcating Salaries, other terms of conditions of Election Commissioners, and Transaction of business of Election Commissioners but no provisions were present regarding their Appointment. [4]

It had been noted that the CEC and ECs were appointed through a different procedure than other high-ranking constitutional posts. Regarding the same Anoop Baranwal filed a Public Interest Litigation (PIL) in January 2015 named Anoop Baranwal vs Union of India[5], arguing that the existing Election Commission of India (ECI) member appointment process is unlawful. The PIL claimed that over time, the Executive’s ability to designate people has weakened the ECI’s independence. The PIL requested that the Court order the establishment of an autonomous system for ECI appointments that is akin to the Collegium. It alleged that Article 324(2) of the Constitution is broken by the current appointment method.

The Judgement for the same PIL was given in March 2023 wherein Justice KM Joseph held that The Prime Minister, the Leader of the Opposition, and the Chief Justice will form a committee to choose the election commissioners until the parliament passes a law specifying the procedure.[6]

“The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023” was then Introduced in Rajya Sabha on the 10th of August 2023 and passed from the Rajya Sabha on December 12, 2023.

In order to establish the appointment procedure and terms of service for the chief election commissioner (CEC) and the two election commissioners (ECs), the government proposed some changes to the bill that repealed the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.[7]

As per the Judgement given in Anoop Baranwal vs Union of India that the Prime Minister, the Leader of the Opposition, and the Chief Justice will form a committee to choose the election commissioners, the new bill had certain changes, as the CJI was substituted by a minister nominated by the PM in the Bill. Despite the opposition’s refusal the Bill was passed from Lok Sabha on December 21 and received the assent of the president on the 28th of December.[8]

WHAT MAJOR CHANGES ARE BROUGHT BY THE NEW ACT?

  1. APPOINTMENT AND TERM OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 had no provisions regarding the appointment of the Chief election commissioner and other Election Commissioners, however, the new act provides for the same, Chapter II of the Act pertaining sections 3-9 describes the process for appointing these officers. A Search Committee, chaired by the Minister of Law and Justice and consisting of two additional members not lower than the rank of Secretary to the Government of India, would develop a list of five applicants and refer them to the Selection Committee, led by the Prime Minister, the Leader of the Opposition, and a cabinet minister appointed by PM, to review to expedite the appointment process and they will be referring the officials to President, the final decision would be of President.

After taking office, the Chief Election Commissioner and the other Election Commissioners will serve six-year terms until they become sixty-five, whichever comes first. Election commissioners are not eligible for reappointment, and if they are appointed as chief election commissioners, their combined tenure cannot exceed six years.[9]

  1. PROTECTION FROM CIVIL AND CRIMINAL PROCEEDINGS

Section 16 of the Act provides that no court can hear or proceed with any legal case, whether civil or criminal, against a current or former Chief Election Commissioner or Election Commissioner. This immunity applies to any actions, deeds, or words spoken by them while performing their official duties or functions, which was also not present in the 1991 Act. However, no immunity has been granted from political interference in order for these officials to work in a free and fair manner which was also the concern of the opposition when the bill was lying with the parliament.[10]

  1. SALARY, ALLOWANCES, AND OTHER CONDITIONS OF SERVICE OF CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS

The pay and other terms of service for these officials are covered in detail in Chapter III of the code. Provisions 10 to 16 provide specifics about the Chief Election Commissioner’s and other Election Commissioners’ pay and benefits.

The new act introduces several specific provisions and changes, including protection of existing terms, dearness allowance, encashment of earned leave, demission of office criteria, and subscription to the Provident Fund. It also empowers the President to determine specific conditions of service. These changes which were not present in the 1991 Act, have been brought to provide clarity, protection, and additional benefits to the Chief Election Commissioner and other Election Commissioners.[11]

AFTERMATH:

The present act aims to control the process for conducting business by the Election Commission, as well as any issues related to or incidental to it, and to govern the appointment, terms of office, and conditions of service of the Chief Election Commissioner and other Election Commissioners, however, as the Selection Committee for the appointment consists of Prime Minister, a cabinet minister appointed by him and the leader of opposition, this may lead to monopoly of government members in selecting candidates.  The power is now mainly in the hands of executives, which again scrapped the very reason why the PIL was filed by Anoop Baranwal in 2015, The PIL claimed that over time, the Executive’s ability to designate people has weakened the ECI’s independence, hence the judgement passed in March included CJI in the selection committee to overlook the appointment procedure, but the present Act dropped that very idea, which could lead to biasness.

The Act doesn’t just have loopholes, it will also provide clarity, protection, and additional benefits to the Chief Election Commissioner and other Election Commissioners by protecting existing terms, dearness allowance, encashment of earned leave, demission of office criteria, subscription to Provident Fund, and immunity from civil and criminal proceedings. Hence, we can conclude that it combines both good and evil.

CONCLUSION:

India formed the Election Commission of India in 1950 to guarantee free and fair elections. The Chief Election Commissioner, who serves as the commission’s chairman, and the other Election Commissioners together form the Election Commission. Article 324(2) of the Indian Constitution provides that the President may from time to time fix the appointment of the Chief Election Commissioner and other Election Commissioners, subject to the provisions of any law made on that behalf by Parliament. However, since 1950, there has been no law that specified the Appointment procedures. A law named “The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act” came into the picture in 1991but that too lagged in inserting such provisions, hence after several observations about various issues regarding the appointment of such officials a PIL was filed by Anup Baranwal in 2015 which reached to its long-awaited verdict this year, in March, wherein the Supreme Court of India held that a selection committee has to be formed consisting Prime Minister, Leader of Opposition and CJI till any law comes into force, this verdict is what led to the introduction of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill 2023 which recently got assent of the President. The Bill is now an enforceable law of the country which provides for the appointment of Chief Election Commissioner and other Election Commissioners through a three-step procedure, firstly selection of candidates by a Search Committee led by the Law Minister, then referring their candidature to the Selection Committee which as per the new act would be led by PM, A cabinet minister appointed by PM and Leader of the Opposition. CJI would no longer be a part of the committee, which is a debatable issue because now all the powers would again be in the hands of Executives and it could further lead to biases and monopoly of the present government, opposition had also raised similar issues, though the bill provides several benefits to these officials now unlike the old Act, but the question of balance of power has become a controversial topic for discussion, upcoming times would show us whether the Act would be able to fulfill the constitutional requirements and ensure fairness or would just exist as Opaque legislation.

“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] The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (Bill No. LVII‒C of 2023)

[2] Sparsh Upadhyay, “Bill to Regulate Appointment of Chief Election Commissioner & Election Commissioners Gets Presidential Assent”, Live Law, Dec. 29, 2023, available at: https://www.livelaw.in/top-stories/bill-regulate-appointment-chief-election-commissioner-election-commissioners-presidential-assent-245490 (last visited on Dec. 30, 2023).

[3] “Appointment of Election Commissioners”, Iasparliament, Nov. 22, 2018, available at: https://www.iasparliament.com/current-affairs/appointment-of-election-commissioners (last visited on Dec. 31, 2023).

[4] The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (Act No. 11 of 1991)

[5] Anup Baranwal v. Union of India, W.P.(C) 104/2015

[6] Aishwarya Paliwal, “Decoded: What is the New Election Commissioner Bill, and What Does It Propose”, India Today, Dec. 13, 2023, available at: https://www.indiatoday.in/india/story/election-commissioner-bill-2023-decoded-appointment-conditions-of-service-and-term-of-office-bill-2475315-2023-12-13 (last visited on Dec. 31, 2023).

[7] Meetu Jain, “Rajya Sabha Passes Bill to Appoint Election Commissioners, Opposition Walks Out”, The Wire, Dec. 12, 2023, available at: https://thewire.in/government/rajya-sabha-passes-bill-election-commissioners-opposition-appointment (last visited on Dec. 31, 2023).

[8] Ibid

[9] The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (Bill No. LVII‒C of 2023), Chapter II

[10] The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (Bill No. LVII‒C of 2023), s 16

[11] The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (Bill No. LVII‒C of 2023), Chapter III

0

The Delhi liquor Scam

#Delhi# Delhi High court # liquor Policy, Articles

INTRODUCTION

As recently on 14/12/2023 where supreme court dismissed petition filed by the Former Deputy Chief Minister Manish Sisodiya for seeking review of its Judgement for refusing to grant bail.As he was behind the bar from back month of February due to corruption in formation and implementation of the new policy of liquor in Delhi for year 2021-2022.

Even in May last year Another leader of APP Satyendar Jain was arrested and also The Chief Minister of Delhi was given summon to appear in the court were court were Chief Minister Dismissed the summon and recently on 21 December The Chief Minister of Delhi give a reply to the summon were he denied all the allegations and state that all are politically Motivated and are illegal.

Liquor in India 

As Consumption of Alcohol in India is from long back at present 3rd largest beverst in the world is India.During Recent years there is an unprecedent Growth in liquor.As liquor in India are been Categorised in four types:

Beer 

Wine

Indian Made foreign liquor

Country liquor

The consumption of Alcohol has been Grown from the last three decades as for approximate in year 2021 the Growth was 5.34%, in year 2022 the Growth was 5.63%,in year 2023 the Growth is estimated 5.91 and estimated growth for the upcoming year is around 6.21%were maximum or the highest liquor consumption is from Country liquor which is around 48%,Indian Made foreign liquor 36%,Beer around 13% and wine 3%.

According to the survey of National Family Survey (NFHS) the consumption of Alcohol is highest in rural area than urban were the highest revenue earner in the Financial year of 2022 was Uttar Pradesh, Karnataka, Maharashtra.

Delhi liquor new Policy 

As the AAP Government initatied for the Amendment of the Old Liquor policy to new liquor policy by stating that after the implementation of the new Liquor policy the liquor Mafia bill be reduced,Increase in revenue and make Corruption free.The time line of implementation the new Liquor policy :

On 4/09/2023 A new policy was implemented by the expert committee

On 13/10/2023 was open to the public domain for the suggestions & for the expert committee.

On 5/02/2021 the report was placed before the Delhi Cabinet were Cabinet decide Group of Minsters which includes Deputy Chief Minister, Revenue Minister and Health Minister to examine the policy

On 22/03/2021 the Group of Minsters suggest their opinion to the expert Committee and after the approval from the Delhi cabinet report was send to Lt.Governor For the approval.

Were Lt.Governor suggested six opinions and Advised the Government to look & to modify.

On 21/05/2022 & 23/06/2023 there were meeting taken place by the cabinet for the discussion and approval of the opinion given by the Lt.Governor and was approved

On 5/11/3021 Finally the report for the new Liquor policy was approved by the Delhi Cabinet

On 17/11/2021 came into force and there was implimentation of the New liquor policy.

Changes in the old policy and new policy policy 

As the Main reason for the Government of APP to impliment a new policy was to demolish the corruption and make the Revenue strong For which changes were made as earlier there were liquor stores were 475 liquor stores which was ran by Four Governments and 389 by private individuals but from the new policy 849 liquor stores will be ran by the private stores.As per the introduction of private stores Delhi was Divided into 32 zones and total of 27 private vendor were allowed to open .Then another change was Reducing the Age for consuming the liquor from 25 to 21.There will be discount on the MRP price and the store will be open till 3 am. As this will increase the revenue and stamp out the liquor Mafias who used to sell it in black market.

THE CONTROVERSY

As after the implementation of the new Liquor policy On 8/07/2022 The Delhi Chief Secratary found that the new Liquor policy is not proper and irregular were he sent the report to the Lt.Governor that there are Gross and Deliberate procedures & undue benifits been provided to the Liquor licencee.As the new Liquor policy is breaches Government of National Capital Territory of Delhi Act 1991 ,The Transaction of Business Rulea 1993, The Delhi Excise Act 2009 & Delhi excise Rules 2010.

As then On 22/07/2022 The Lt.Governor recommended a CBI Probe after the report of the Chief Secratary.But fews days later on 29/07/2022 The Former Deputy Chief Minister scrapped the new Liquor policy with 

Reverting back to the old policy and withdraw the new Liquor policy.

Law Involved/ Legal Provisions

As Central Bureau of Investigation (CBI) registered Case against the AAP leader who was a Former Deputy Chief Minister Manish Sisodiya Under section 7,7A,8 and 12 of The Prevention Of Corruption Act,1988 (PC ACT) 

Then Under section 120B,201 and 420 of INDIA PENAL CODE 1860 (IPC) and Under section of 3 and 4 of the PREVENTION OF MONEY LAUNDERING ACT,2002 (PMLA ACT) were

Sec 7 of PC Act state A Public Servent shall accept any gratification other than lawful remuneration for an official Act.

Sec 7A of PC Act state Taking undue Advantage to influence public servent by corrupt or illegal means or by exercise of personal influence.

Sec 8 of PC Act state offence related to bribing of a Public Servant

Sec 12 of PC Act state Prosecution of a public servant for abetting the offense is an exception the section 19 rule and does not require government sanction before the Prosecution.

Sec 120B of IPC state Punishment of Criminal Conspiracy 

Sec 201 of IPC state causing disappearance of evidence of offenc or giving false information to screen offender 

Sec 420 of IPC state Cheating and dishonesty inducing delivery of Property

Sec 3 and 4 of PMLA Act state Offence of money laundering

The Present scenario of the Delhi liquor case

As the Lt.Government based on the report given by the Delhi chief Secretary probe CBI and suggest and enquiry to look into the breaches of the rules and the irregularities.Were CBI Filed a case against The former Deputy Chief minister for the fraud and Bribery which also includes other people from the Government of AAP involvement in same and even ED accused the APP Leader .Then On 23/02/2023 CBI arrested the Former Deputy Chief Minister for fraud & Bribery and Then By the ED in the Money Laundering.Were Former Deputy Chief Minister sought bail from the Delhi High court which was Denied by the Court in the case of CBI on 30/05/2023 Then he went to file plea against the order passed by the Delhi High court in the Supreme Court were Supreme court also Dismissed the appeal on 30/10/2023.Then again On 14/12/2023 The bail was dismissed by The Supreme court.

Eventually one more AAP leader Sanjay Singh was arrested by the Anti- Money Laundering Agency i.e ED on 4/10/2023 as ED state that Sanjay Singh has played an important role in implementation of the new Liquor policy were he also file a Plea for the Bail which was also denied by The Delhi High court and adjourned the date in 22/12/2023 

The Twist and turn was were the Delhi Chief Minister was summoned by the ED in the Delhi excise new policy.Wereas again second summon were sent to the Chief Minister were on December 22/12/2023 were Chief Minister asked ED to withdraw back the notice against & refused to come for the interrogation and State that summon is illegal and this are politically Motivated and asked not to Summon again.

CONCLUSION

As India is the 3rd largest beverst in the world were The highest Revenu earner of the state are Uttar Pradesh, Karnataka Maharashtra The Delhi Government wanted to increase the Delhi Liquor revenue implemented a new Liquor policy in 2021-2022 but was scrapped by the former Deputy Chief Minister last year in the month of July. As In February 23,2023 were the Former Deputy Chief minister was arrested by the CBI and ED for the Fraud,Bribery and Money Laundering were still now he has not got bail and on 14/12/2023 the bail plea was dismissed by the supreme court and the next hearing date directed by the court is on 10th January,2024.

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- Prachee 

Refrence:

1)https://www.indiatoday.in

2)https://www.scconline.com

3)https://www.livemint.com

 

0

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

0

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/

 

1 … 12 13 14 15 16 … 81