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Consumer Protection Act and health, medicine and hospitals

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CONSUMER PROTECTION AND HEALTH SECTOR
Consumer Protection Law may prove invaluable to consumers in determining the accountability of service providers. There is also criminal liability associated with medical negligence. An aggrieved person can either file a lawsuit for compensation or lodge a complaint in the consumer forum after a civil wrong has been committed. After being injured by the medical negligence of the health care provider, patients have begun to apply consumer protection law.
Every doctor is bound by his professional obligation to safeguard the lives of his patients, regardless of where he works. There are certain obligations a doctor has to the patient he consults with in case of illness. When medical negligence takes place, the failure to use reasonable skills according to the final standards and current conditions is considered medical negligence. Consumer Protection Act, of 1986 may be one of the most innovative pieces of financial aid legislation, and the provisions of this act are intended to provide consumers with effective and efficient protection against different forms of exploitation and unfair practices. As a result of its excellent services in protecting and preserving consumers’ rights, the Indian judiciary has made a significant contribution to raising awareness about the consumer’s rights in society. To advance and protect consumers’ rights is the primary objective of the Consumer Protection Law.
If you hire or avail of any services for a consideration that has been paid or promised, partially paid or partly promised, or on a credit basis, you may be considered a consumer, and this includes any person other than the person who hired or utilized the services for consideration paid or promised, or on a credit basis when the primary mentioned individual approved the utilization of such services. An individual who merely promises to pay is included in this definition.

Private Health Care Sector
In India, the provision of private medical services is a major component of health care delivery services. However, the quality of care from these services is questionable. There has been no significant change in the behaviour of private providers despite efforts made by professional organizations, like the Medical Council of India and local medical associations. Private medical practice will now be subject to the Consumer Protection Act (COPRA) 1986, which is considered a significant step toward the regulation of the private sector. A survey of private providers was conducted to assess their views on the legislation. It is their belief that the COPRA will minimize malpractice and negligent behaviour. However, it still leads to negative effects such as increased physician fees, increased prescription of medicines and diagnostic tests, and adverse effects on emergency care.
COPRA has also been criticized by medical associations as a step toward costly, overwhelming and excessive litigation. Furthermore, consumer forums have voiced concerns about the lack of standards for private practice, the uncertainty and risks involved with certain medicines, the effectiveness of the judicial system, and the responsibility of proving negligence.
India’s health care delivery system includes both the private and public sectors, with the private sector playing a much larger role in the current system. In the private for-profit and non-profit sectors, 70% of hospitals and 50% of hospital beds are currently located. Most qualified doctors are employed in these sectors. In the first few years after becoming a doctor, most of them want to start their own private practices or work in private hospitals. According to utilization studies, the private health care sector is not confined to the affluent classes; poor people also rely on the private sector for their health and have exhibited their preference for private doctors. About 5% of GDP is accounted for by the private health sector.
The rise of the private sector is accompanied by a number of concerns, which most often stem from reasons of market failure. This sector is supposed to be regulated by the State, but the State has so far remained passive in the process. In this sector, government intervention has been minimal, thereby allowing it to flourish without interference. As a result, medical associations and medical councils have played minimal roles in its development. There has been an increase in undesirable practices, which has affected the quality of care. In the country, the consumer movement has been attracted to the issue of dissatisfaction with the medical services provided by this sector, as well as an increase in medical malpractice cases. Now that the Consumer Protection Act of 1986 is in effect, private medical practices are covered by this act.

The Consumer Protection Act
There is no evidence that allowing market forces to determine health care policies will lead to an efficient and effective system. There are a number of market distortions, market imperfections, and asymmetric information that interact with the moral hazard cause, resulting in a market that is insufficient and costly.
Consequently, it is argued that the state is a key player in ensuring that this sector delivers health care services that are safe and appropriate. However, the state has taken few initiatives to regulate the sector’s services, despite significant growth in the sector. Legislation at local government levels is comparatively rare, with only a few acts such as the Nursing Home Act of Delhi and Bombay promulgated by the state. Most of these laws are outdated now anyway, and most of the provisions of these laws have never been implemented effectively. A large percentage of local governments in India have not implemented health law legislation due to health being a state subject.
Professional medical bodies also influence private health care providers, such as the Medical Council of India. Every practising member of these professional bodies is expected to observe the code of conduct prescribed by these organizations and to meet the expectations of these organizations. Medical professionals are generally expected to regulate themselves and each other. It has been noted, however, that over time, medical associations, councils and so on, which were once expected to regulate the behaviour of private providers, have lost their influence. Many physicians do not belong to these associations, or even if they do, do not take much notice of the guidelines issued by these societies.
Therefore, certain practices have become more prevalent in this sector, including fee-splitting, over-prescription of medications, and poor sterilization procedures as well as hiring untrained individuals. Known to adversely affect the quality of health care, these practices have now become more common. The negligent practice does more than just render unnecessary and ineffective care to a patient because it does not follow minimum guidelines and does not possess desirable skills. Several consumer movements in India have been concerned about this. Indian legislators have recently amended the Consumer Protection Act (COPRA), 1986 to allow the private for-profit sector to provide medical services.
Through the establishment of consumer councils, the COPRA protects the interests of consumers. The objectives of this Act are:
1) to promote and protect the rights of consumers;
2) to assure consumer rights to information and to protect them from unfair trade practices;
3) Making sure that the interests of consumers are fully considered by appropriate forums.
In order to accomplish these objectives, district, state and national consumer protection councils have been established. The quasi-judicial systems are available at the districts, states and national levels and provide speedy and simple redress. Consumers of services are those who ‘hire or avail’ those services for payment in accordance with this Act. The word ‘beneficiary’ includes anyone who is a recipient of such services, other than the one who actually hires them. Services of any description made available to potential users are included in the Act. In contrast to the alternative, time-consuming and expensive civil litigation process, the COPRA provides consumers with a less costly and quicker remedy. Under the Act (COPRA 1986), the redressal forums are specifically vested with the powers vested in the civil courts for summoning witnesses and examining them under oath, and for producing documents and other materials as evidence.

Is The Medical Sector A Kind Of Personal Service?
Medical services are not included in the COPRA’s list of specified services. As defined above, ‘service’ can include every possible kind of service in which a benefit, use or advantage can be obtained for a fee. This Act does not apply to two categories of service, however. The first is free services, the second is services provided under a contract of personal service.
There is no explanation or clarification of the nature of personal services in the Act. The Act does not apply to medical services provided by the public sector as a result of these two exemptions. In this case, private providers argue that medical services rendered by medical practitioners are not the same thing as services related to commercial transactions as defined by the Act. Thus, private providers argue that their services should not be included in the program.
Two cases have been filed with the State Commission where defendants (private doctors) have claimed that these cases cannot be tried under COPRA. These cases are Mis Cosmopolitan Hospitals and others (appellants) vs Vasantha P Nair (respondents) and Vinitha Ashok v Lakshmi Hospital and Others (opposite parties). The physicians argued that the services provided to the patients were not commercial transactions but rather personal services, and so did not fall under the purview of the Act.
According to them, the aggrieved party cannot be considered a ‘consumer’ of the services and, therefore, cannot bring a medical malpractice claim. As a result, the defendants appealed to the National Commission after their claim was rejected by the State Commission. Ultimately, the National Commission determined the judgement of the State Commission was correct.

The Commission gave the following reason:
“The act defines services broadly. It applies to any situation where there is a ‘contract for services and the service provider is entitled to act independently without being supervised or controlled by the person who demands service. Patients are not in a position to exert any influence over the doctors’ work when it comes to medical services. The principal (here the patient) authorizes the doctor (here the agent) to act on his behalf, meaning the principal is in effect paying a professional to perform a task that he is not knowledgeable about. In a contrast, the personal service industry involves a ‘contract of services’ that implies a master-servant relationship whereby the master directs the servant to perform a specific set of services in a specific manner (i.e. the master supervises the tender of services). In this sense, COPRA covers professional and technical services such as surgeons, lawyers, accountants, engineers, etc.’’
Moreover, the court ruled that the complainants were entitled to inherit the deceased’s estate since they were the legal representatives of the deceased. The consumers are vested with the power to enforce their rights, and under the Act can be considered ‘consumers.’

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Legally Speaking

Supreme Court holds off on decision in Baba Ramdev contempt case

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The Supreme Court has deferred its decision on a contempt notice issued against yoga guru Ramdev, his associate Balkrishna, and their company Patanjali Ayurved in connection with a case involving misleading advertisements. The bench, comprising Justices Hima Kohli and Ahsanuddin Amanullah, stated, “Orders on the contempt notice issued to respondents 5 to 7 (Patanjali Ayurved Ltd, Balkrishna, and Ramdev) are reserved.” The Uttarakhand State Licensing Authority (SLA) informed the court that manufacturing licenses for 14 products of Patanjali Ayurved Ltd and Divya Pharmacy have been suspended immediately. The Supreme Court noted that the counsel representing the firm had requested time to submit an affidavit detailing the actions taken to retract the advertisements of Patanjali products and to recall the medicines.

Highlighting the importance of public awareness and responsible influence, the court emphasized that Baba Ramdev wields significant influence and should employ it responsibly. It awaits an affidavit from Patanjali outlining the measures implemented to withdraw the existing misleading advertisements of the company’s products, with instructions for submission within three weeks.

During the proceedings, Indian Medical Association (IMA) President R V Asokan extended an unconditional apology to the bench for remarks made against the top court in a recent interview with news agency PTI. Justice Kohli conveyed to Asokan that public figures cannot criticize the court in media interviews. However, the court indicated its disinclination to accept the apology affidavit submitted by the IMA president at present. In an earlier hearing on May 7, the apex court had denounced Asokan’s statements as “very, very unacceptable.” The court reiterated its stance that celebrities and social media influencers are equally liable for the products they endorse, warning that if such products are found to be misleading, they could face repercussions.

The case stems from a plea filed in 2022 by the IMA alleging a smear campaign by Patanjali against the Covid-19 vaccination drive and modern medical systems. As the legal proceedings unfold, the Supreme Court continues to emphasize the importance of accountability and responsible conduct in advertising and public discourse. The case underscores the need for stringent regulations to curb misleading advertisements and ensure consumer protection. With the demand for transparency and ethical practices on the rise, the judiciary plays a pivotal role in upholding standards of integrity in commercial communications.

As the court awaits the submission of the affidavit from Patanjali, stakeholders across industries are keenly observing the developments, anticipating their implications on advertising practices and regulatory enforcement in the country.

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Australia fights Musk’s platform over control of online content

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In a courtroom battle that underscores the complex interplay between global tech giants and national regulatory frameworks, Elon Musk’s X, formerly known as Twitter, finds itself at odds with Australian law over the removal of graphic content depicting a terrorist attack.

At the heart of the dispute lies a fundamental question: to what extent should a platform like X be compelled to adhere to the laws of a specific country when it comes to content moderation? The legal showdown commenced as the eSafety Commissioner of Australia sought the removal of 65 posts showcasing a harrowing video of an Assyrian Christian bishop being stabbed during a sermon in Sydney, classified as a terrorist incident by authorities.

Tim Begbie, representing the cyber regulator, argued that while X has policies in place to remove harmful content, it cannot claim unilateral authority to decide what is acceptable under Australian law. He contended that X’s resistance to globally removing the posts challenges the notion of reasonableness within the scope of Australia’s Online Safety Act.

X’s stance, guided by its mission to uphold free speech, underscores a broader philosophical debate surrounding the jurisdictional reach of national laws in the digital realm. The company maintains that while it has blocked access to the posts for Australian users, it refuses to implement global removal, asserting that the internet should not be governed by the laws of a single nation.

However, Begbie argued that geo-blocking, the solution proposed by X, is ineffective due to the widespread use of virtual private networks (VPNs) by a significant portion of the Australian population.

Amidst the legal wrangling, X’s lawyer, Bret Walker, contended that the company had taken reasonable steps to comply with Australian laws while balancing the principles of free expression. He emphasized the importance of allowing global access to newsworthy content, cautioning against the suppression of information on a global scale. The implications of such an approach, he argued, extend beyond Australia’s borders, potentially setting a precedent for censorship on a global scale.

As the case unfolds in the Federal Court, Judge Geoffrey Kennett has issued a temporary takedown order for the posts, extending it until June 10 pending a final decision. The outcome of this legal battle is poised to have far-reaching implications, not only for the regulation of online content in Australia but also for the broader discourse surrounding internet governance and free speech in the digital age.

Beyond the legal arguments, the case underscores the evolving dynamics between tech platforms and regulatory authorities, highlighting the challenges of reconciling competing interests in an increasingly interconnected world. With the proliferation of digital platforms and the rise of social media, questions surrounding content moderation, censorship, and the balance between freedom of expression and societal harm have come to the forefront of public discourse.

In the digital era, where information knows no borders and online platforms wield immense influence over public discourse, the case of X versus Australian law serves as a microcosm of the broader tensions between technology, governance, and individual rights. As societies grapple with the complexities of the digital age, the need for robust legal frameworks, ethical guidelines, and international cooperation becomes ever more apparent.

As the legal battle between X and Australian authorities unfolds, it underscores the intricate relationship between technology, law, and societal norms in the digital age. At stake is not just the removal of graphic content depicting a heinous act but also the broader principles of free speech, censorship, and the jurisdictional reach of national regulations in a globalized world.

The outcome of this case carries significant implications for the future of online content moderation and regulation. On one hand, proponents of free speech argue that platforms like X should have the autonomy to determine their content policies without being unduly influenced by the laws of individual countries. They contend that a global approach to content moderation ensures consistency and prevents the fragmentation of the internet along national lines.

On the other hand, proponents of regulation argue that national laws play a crucial role in safeguarding citizens from harmful content and upholding community standards. They assert that while platforms may operate globally, they must abide by the laws of the countries in which they operate, particularly when it comes to content that poses a threat to public safety or incites violence.

Amidst these competing interests, the case highlights the need for a nuanced approach to content moderation that balances the principles of free speech with the protection of users from harm. It also underscores the importance of international cooperation and dialogue in addressing cross-border challenges in the digital realm.

Beyond the legal realm, the case has broader implications for the future of internet governance and the regulation of online platforms. As technology continues to evolve at a rapid pace, policymakers around the world face the daunting task of crafting regulations that are effective, enforceable, and adaptable to the ever-changing digital landscape.

Moreover, the case raises important questions about the role of tech companies in shaping public discourse and influencing democratic processes. With social media platforms serving as key channels for information dissemination and political engagement, the decisions made by companies like X have far-reaching consequences for the functioning of democratic societies.

Ultimately, the resolution of this case will have significant implications not only for X and its users but also for the broader digital ecosystem. It will shape the future trajectory of online content moderation, influence regulatory approaches to technology platforms, and set precedents for how governments and tech companies interact in the digital age.

As the legal proceedings continue, stakeholders from across sectors will closely monitor developments, recognizing that the outcome of this case has the potential to reshape the digital landscape for years to come. Whether it leads to greater clarity in content moderation policies, a re-evaluation of regulatory frameworks, or a deeper understanding of the complexities of governing the internet, the case of X versus Australian law represents a pivotal moment in the ongoing debate over the future of online governance and free speech in the digital age.

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Legally Speaking

Supreme Court Framed Issues To Consider, Hearing In July 2024: Challenge To Surrogacy Law

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SC seeks Centre’s reply on fresh pleas against CAA

The Supreme Court in the case Arun Muthuvel v. Union of India has elucidated the issues it will consider in a batch of petitions challenging provisions of the Surrogacy Regulation Act, 2021 and the Surrogacy Regulation Rules, 2022. The bench comprising of Justice BV Nagarathna and Justice AG Masih passed the order recording the following issues:

  1. Whether the prohibition of commercial surrogacy as stated under Section 4(ii)(b) and Section 4(ii)(c) of the Surrogacy (Regulation) Act, 2021 is constitutional?
  2. Whether the right of a couple to avail surrogacy being restricted to married couples between the age of 23 to 50 years and in case of female and between 26 to 55 years in case of male as it is being provided as stated under Section 4(iii)(c)(I) read with Section 2(1)(h) of the Surrogacy (Regulation) Act, is constitutional?
  3. Whether the right of a single woman to avail surrogacy being restricted to only widows or divorcees between the ages of 35 to 45 years as it is provided being under Section 2(1)(s) of the Surrogacy, the Regulation Act 2021, is constitutional?
  4. Whether the right of an intending couple to avail surrogacy being restricted to only those couples who do not have a surviving child as provided as stated under Section 4(iii)(c)(II) of the Surrogacy (Regulation) Act 2021, is constitutional?
  5. Whether individuals who initiated the process of availing surrogacy which being prior to the enactment of the Surrogacy, the Regulation Act, 2021 have any right to avail surrogacy in a manner which being beyond the scope of the Surrogacy (Regulation) Act, 2021, save for cases falling within the ambit of Section 53 of the Act?

The petitioner in the plea highlighted an additional issue which relates to exclusion of single men from the purview of Surrogacy Regulation Act.

Therefore, the lead petition in the matter has been filed by an infertility specialist from Chennai, Dr. Arun Muthuvel, through Advocate Mohini Priya and Advocate Ameyavikrama Thanvi.

Therefore, while highlighting various contradictions in the Surrogacy Regulation Act and the Assisted Reproductive Technology (Regulation) Act, 2021, thus, the petitioner in the plea points out that the twin legislations inaugurated a legal regime that was discriminatory and was violative of the constitutional rights of privacy and reproductive autonomy.

The Supreme Court in the case observed and has agreed to hear the petition wherein it challenges against the two Acts. In September last year, several other petitions and applications were filed wherein similar questions were raised, such as whether it was constitutional to exclude unmarried women from the ambit of the Surrogacy Act, or whether limiting the number of donations made by an oocyte donor under the ART Act would amount to unscientific and irrational restrictions.

The bench in the case observed and has expressed reservations about hearing the challenges to both the Acts simultaneously, as the linkage between the provisions of the two Acts could not be ascertained in the present matter. Further, the said court decided that issues wrt the Surrogacy Regulation Act will be heard first, followed by those which relate to the ART Act.

The court asked the parties to file written submissions on the foregoing issues. It has also been clarified by the said court that the petitioners need not restrict their submissions to the issues recorded by the court. Any ‘related’ issue may also be raised during the proceedings.

Accordingly, the court listed the matter for further consideration on July 30, 2024.

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Legally Speaking

SC ruling on spectrum allocation doesn’t affect satellites

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SC seeks Centre’s reply on fresh pleas against CAA

The Supreme Court’s decision to reject the government’s application seeking clarification on administrative allocation of spectrum for non-mobile services is not expected to impact the allocation of satellite spectrum as outlined in the Telecom Bill, according to highly placed sources. In February 2012, the Supreme Court had upheld that auctions were the preferred method for allocating scarce public resources like telecom spectrum.

The Centre had filed a miscellaneous application in December last year seeking a clarification on the matter of administrative allocation of spectrum, which was mentioned in court last week. However, the SC registrar refused to accept the plea, arguing that it was seeking a review of the 2012 order and that there was no ‘reasonable cause’ to entertain it.

Government sources emphasized that this decision would not change the existing laws governing spectrum allocations for satellite communications, as clearly stated in the Telecom Bill. Sources clarified that the application did not seek to amend the 2012 judgment on 2G spectrum allotment nor did it seek permission for administratively allocating spectrum. Spectrum will continue to be auctioned for mobile services, while for the 19 specific use cases cited in the Telecom Bill, it will be allocated administratively.

The government had filed the miscellaneous application at the Supreme Court to explain its intentions before tabling the bill in Parliament, emphasizing that it was not seeking any permission from the court. The application aimed to seek appropriate clarifications from the court regarding the CPIL judgment in 2012, to establish a spectrum assignment framework that includes methods of assignment other than auction in suitable cases, to best serve the common good. In 2012, the SC had criticized the ‘first-come, first served’ method for spectrum allocation, known as the CPIL judgment, and had quashed the 2G spectrum allotted by the United Progressive Alliance government.

Since then, the government has been issuing spectrum administratively in certain cases where auctions are not technically or economically preferred or optimal. The Telecom Bill’s First Schedule lists satellite spectrum and 18 other sectors where administrative allocations will be compulsory, including law enforcement, public broadcasting, in-flight and maritime connectivity, the Indian Army and Coast Guard, and radio backhaul for telecom services. Government sources noted that all stakeholders were consulted on the issue, and the government was confident of its legal standing as outlined in the Telecommunications Act.

The SC, in a presidential reference, did not specify that all spectrum should be auctioned, only that for mobile services. The Supreme Court’s decision not to accept the government’s application seeking clarification on spectrum allocation for non-mobile services does not alter the framework outlined in the Telecom Bill. While auctions remain the preferred method for mobile services, administrative allocations will continue for specific use cases, including satellite spectrum, as delineated in the bill.

The rejection of the application underscores the importance of adherence to established legal procedures and the judiciary’s role in upholding regulatory frameworks. Moving forward, the government remains committed to transparent and efficient spectrum allocation, balancing the imperatives of economic efficiency and public interest in the telecommunications sector.

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Legally Speaking

Legal Victory for Ankiti Bose: Limits Imposed on Defamatory Content Regarding Former Zilingo Chief

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A legal dispute has unfolded involving B2B fashion startup Zilingo, with former CEO Ankiti Bose on one side, and co-founder Dhruv Kapoor and former COO Aadi Vaidya on the opposing side.

A recent court decision in Delhi has brought focus to a legal dispute involving Ankiti Bose, the former CEO of Zilingo, a prominent technology platform. The court issued an ex parte order in Bose’s favor, instructing certain parties, including Zilingo co-founder Dhruv Kapoor and former COO Aadi Vaidya, to refrain from making defamatory statements against Bose. This decision underscores the importance of protecting reputational rights against unfair reporting.

The court’s ruling cited a prima facie case in Bose’s favor, acknowledging her legal right to safeguard her reputation from damaging remarks. It emphasized that failure to act promptly could lead to irreparable harm to Bose’s reputation. The order specifically bars Kapoor and Vaidya from making any further defamatory postings against the former CEO.

This legal action stems from a broader conflict within Zilingo, a B2B fashion startup that has faced financial struggles since its inception in 2015. Bose’s departure from the company was contentious, marked by allegations of misconduct and underperformance. She subsequently filed a First Information Report (FIR) accusing Kapoor and Vaidya of sexual harassment and business irregularities. In response, the accused have dismissed these claims as retaliatory, asserting that Bose’s actions were prompted by her dismissal from the company.

The litigation highlights the complexities of corporate disputes and the broader implications for individuals and businesses. Beyond the legalities, it reflects the challenges faced by startups navigating internal strife amidst financial difficulties. Zilingo’s trajectory, from inception to liquidation, encapsulates the turbulent landscape of the tech industry and underscores the importance of legal protections for individuals like Bose seeking to safeguard their professional standing amidst controversy. The court’s intervention serves as a reminder of the gravity of reputational issues in the modern corporate environment, particularly amidst the complexities of startup dynamics and leadership disputes.

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Legally Speaking

Supreme Court In Patanjali Case: Concerned With All FMCG/Drugs Companies Affecting Lives Of Children And Elderly Through Misleading Ads

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The Supreme Court in the case Indian Medical Association v. Union Of India observed and has clarified against Patanjali over publication of misleading advertisements that it was not dealing with Patanjali as a standalone entity; rather, the Court’s concern, in public interest, extended to all those Fast Moving Consumer Goods, FMCGs or drugs companies which take consumers of their products for a ride through misleading advertisements. The bench comprising of Justice Hima Kohli and Justice Ahsanuddin Amanullah in its order stated that, this court must clarify that we are not here to gun for a particular party, or a particular agency or a particular authority.

This being the absolute Public Interest Litigation, PIL since it is in the larger interest of the consumers, the public to know which way they are going and how and why they can be misled and how […] is acting to prevent that misuse. Thus, at the end, this is also as we said a part of the process of rule of law. If that is violated, then it affects […].

The court in the case observed that the implementation of laws regulating misleading ads in relation to medicines require deeper examination, as the products are used for babies, school going children and senior citizens based on the ads: Further, the court stated that this court is of the opinion that the issue which relates to implementation of the relevant provisions of the Drugs and Magic Remedies Act and the Rules, the Drugs and Cosmetic Act and the Rules, and the Consumers Act and the relevant Rules needs closer examination in the light of the grievances raised by the petitioner…not just limited to the respondents before this court but to all similarly situated or placed FMCGs who have […] misleading advertisements, and taking the public for a ride…affecting the health of babies, school going children and senior citizens who have been consuming products on the basis of the said misrepresentation.

The court while taking into account the misleading ads issued in electronic media impleaded the Ministry of Information and Broadcasting, Ministry of Information Technology, and Ministry of Consumer Affairs. Therefore, the same was being done with a view to examine the steps taken by these Ministries to prevent abuse of Drugs and Magic Remedies (Objectionable Advertisements) Act 1954 (and the Rules), the Drugs and Cosmetic Act 1940 (and Rules) and the Consumer Protection Act. Accordingly, the court listed the matter for further consideration on May 07, 2024.

Background Of The Case:

The Court raps Uttarakhand authorities The said court also came down heavily on the State of Uttarakhand for the failure of its licensing authorities to take legal action against Patanjali and its subsidiary Divya Pharmacy. The bench also asked why it should not think that the authorities were ‘hand in glove’ with Patanjali or Divya Pharmacy.

The court in its order stated that it was ‘appalled’ to note that apart from ‘pushing the file’, the State Licensing Authorities did nothing and were merely trying to ‘pass on the buck’ to ‘somehow delay the matter.’ The court stated that the State Licensing Authority is “equally complicit” due to its inaction against Divya Pharmacy despite having information about t heir advertisements violating the Drugs and Magic Remedies (Objectionable Advertisements) Act.

Further, the court stated that it was refraining from issuing contempt notices to other officers. Further, the court directed that all officers holding the post of Joint Director of the State Licensing Authority, Haridwar between 2018 till date shall also file affidavits explaining inaction on their part.

Background of the Case:

The contempt case was initiated wherein the petition is filed by the Indian Medical Association against Patanjali’s advertisements attacking allopathy and making claims about curing certain diseases. On the Supreme Court reprimand, the Patanjali on last November had assured that it would refrain from such advertisements. The court in the case noted that the misleading advertisements continued, thus, the Court had issued contempt notice to Patanjali and its MD in February.

The court in march considering that reply to the contempt notice was not filed, the personal appearance of the Patanjali MD as well as Baba Ramdev, who featured in the press conferences and advertisements published after the undertaking, was ordered by the said Court. Therefore, the Patanjali MD filed an affidavit wherein it is stated that the impugned advertisements were meant to contain only general statements but inadvertently included offending sentences. Further, the court stated that the advertisements were bona-fide and that Patanjali’s media personnel was not ‘cognizant’ of the November order (wherein the undertaking was given before the Supreme Court).

The affidavit filed also contained an averment that the Drugs and Magic Remedies Act was in an “archaic state” as it was enacted at a time when scientific evidence regarding Ayurvedic medicines was lacking. On the last date of hearing, both Baba Ramdev and MD Balkrishna were physically present in Court. The court expressed its reservations about MD Balkrishna’s affidavit, calling it “perfunctory” and “mere lip service”. The court gave last opportunity to the alleged contemnors for filing a proper affidavit.

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