Month: July 2022

About the Advocate

Mr Rahul Gupta regularly appears in cases before the Supreme Court of India, Delhi High Court, Real Estate Regulatory Authority and National Consumer Forum. Being a Delhi University Commerce graduate and a Company Secretary, he is well versed in Commercial & Corporate Laws. He specialises in cases before National Company Law Tribunal and National Company Law Appellate Tribunal. He regularly advises clients on Intellectual Property Rights related aspects. He also handles Real Estate transactions and issues related to Conveyancing, Mortgaging, Leasing, Tenancy, Licensing, Stamp Duty and Registration.

About the Internship:

Mr Rahul Gupta is looking for law interns for the months of July and August. The interns must work from the office premises in Greater Kailash- 1, New Delhi.

Eligibility:

• Students in their third year and above in case of 5 years law course.
• Students in their second year and above in case of 3 years law course.

How to Apply?

Interested candidates may send their CV to advrahulgupta88@gmail.com.

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Applications are invited for the SEWA FELLOWSHIP 2022.

ABOUT

Sewa Fellowship is a strategic investment in human capacity, and grassroots organizations to build solutions for India’s complex socio-economic-cultural matrix. We believe in the power and potential of youth to drive ideas, run movements, nurture organizations, and seek truth and justice to together build a better Bharat.

As a 100-week program, the fellowship equips young, bright minds with knowledge, skills, and a mindset to serve. With extensive mentor support, the program bridges the needs of grassroots development with a vision for the future.

ELIGIBILITY

Indicative Age: 21-30 years

Must have some volunteer experience with the community, with a minimum 1 year of equivalent work experience

Language constraints based on project locations

STIPEND

Around 30,000 per month during the entire period of grassroots work. This will be in the form of a direct stipend, dedicated fixed deposits, house rent allowance, and other allowances. Apart from this, there would be an additional investment of around ₹15,000 per month per fellow, on the training. This would be in the form of courses, reflective activities, immersive programs, and hands-on workshops.

CURRICULUM

The curriculum will be deeply rooted in a doer’s perspective of social development at the grassroots. The entire structure is based on three pillars i.e. knowledge, skill, and will-power of the individual. The fellows would undergo 300 hours of curriculum each year, from residential boot camps, retreat camps, and online lectures. This is over and beyond the learning experiences that would happen while working on the ground.

The curriculum is an outcome of a deep reflection on India’s current and future needs, and the preparedness needed to fulfill the same. The curriculum is built with extensive consultations with grassroots leaders, domain experts, and senior academicians. An elaborate curriculum is also available on the fellowship homepage.

SELECTION PROCESS

There are two formats to apply:

• Direct sign-up by the applicant.
• Nomination by his/her senior. This can be a reporting manager, professor, teacher, guru, colleague, or mentor.

This would be followed by an application form and a statement of purpose.

The next stage of the selection involves some activities that the fellow would need to undertake in his/her own location/geography, followed by a telephonic conversation.

The next stage involves in-person interaction with some group activities.

The activities in both stages are designed to fulfill three purposes: fun-filled learnings, understanding the on-ground nature of the fellows, and providing an immersive perspective of the fellowship and the aspiring fellow.

CALENDAR

The entire fellowship program is structured to maximize learning for the fellows. Here are some key elements:

• Social BootCamp: We begin the program with a 21-day residential Bootcamp to provide a landscape view of the social sector, train them on key skills needed, and build perspective on development and grassroots change.
• Grassroots Work: Each fellow would have a dedicated project to serve a community. This can be in any domain of development, like education, health, livelihoods, etc, based on the available projects and interests of the fellow.
• Immersive Programs: Every 3-4 months, the fellows would join an immersive program with a senior social leader to deepen their understanding of society, nation, and the world.
• Weekend Sessions: Every weekend, the fellows would have 2-3 sessions in the form of courses, peer activities, mentor sessions, and reflective exercises.

HOW TO APPLY

https://sewainternational.org/fellowship#utm_source=Portal

CONTACT DETAILS

https://sewainternational.org/fellowship

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Applications are invited for the Ahimsa Fellowship 2022-23.

ABOUT

The Ahimsa Fellowship Program aims at creating a network of effective animal welfare leaders adept at working closely with state governments and district administrations to enforce animal protection laws in India.

Animal welfare can be achieved if trained professionals assist the Governments in fulfilling their statutory duties vide systemic apparatuses like State Animal Welfare Boards, Societies For The Prevention of Cruelty to Animals, Infirmaries, Slaughterhouse Monitoring Committees, Animal Birth Control Monitoring Committees, etc.

ELIGIBILITY

• Graduation degree in any discipline
• Good communication skills (English and a Second Local Language)
• Passion for animal welfare/rights
• Persistence, lateral thinking, innovation, and team player
• Between 22 and 35 years old
• Be available to attend the full 9 Month duration of the program

SELECTION PROCESS

Shortlisted candidates will be screened for an interview.

IMPORTANT DATES

• 06.05.2022 – Applications Open
• 11.07.2022 – Applications Closed
• 15.08.2022 – Final Selection of Fellows

https://ahimsafellowship.org/application-form/

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Human Trafficking is the illegal transportation of human beings from one place to another against their will or by use of force or by luring them in under a misconception. It is aimed at the use of a class of persons for forced labour, sexual exploitation and many other activities that benefit in economic terms. It is considered a social problem as it violates the human rights granted to citizens of every nation, it also adds to global health problems, and the organized crime rate. The Act itself is of such heinous nature that it was called ‘Flesh Trade’¹. Victims of human trafficking may suffer for a longer duration of time. The Act itself puts a big question mark on the security of countries.

LAWS RELATED TO HUMAN TRAFFICKING

INDIAN CONSTITUTION

Article 23: Provides that trafficking in human beings, the begar and other forms of forced labour are debarred by the Indian Constitution under this Article and if someone violates this law, he/she shall be punishable by law. The only exception to this rule is that the state can impose obligatory service on its citizens without making any discrimination on grounds of race, caste, religion, class, or gender.

As per the case of People’s Union for Democratic Rights v. Union of India^2, the term forced labour was defined by the court as ‘the labour that one performs against his/her will or the job he/she is doing is not paying the minimum wage to the worker’. The state is bound to protect citizens from heinous offences like this by taking immediate and effective action against it and under Article 35 of the Indian Constitution, the Parliament has the authority to make laws that punish the offender of Article 23. Acts like the Suppression of Immoral Traffic in Women and Girls Act, 1956 and the Abolition of Bonded Labour System Act, 1956.

Article 24: It forbids children below the age of 14 years to be employed in any factory or mine or any other hazardous arrangement for employment. Whereas, employment in non-hazardous industries is permissible.

In pursuance to provide protection under this article, certain Acts were passed by the Government of India:

The Factories Act, 1948: First act to be passed after independence to define the minimum age limit for children who work in factories i.e., 14 years. Later, amended and provided the minimum age of work as 17 years at night.

The Mines Act, 1952: Forbids the employment of children below the age of 18 years in mines.

Bonded Labour System (Abolition) Act, 1976: This act provides for the protection of weaker sections of society economically and physically. Providing the punishment for those who are involved in acts of bonded labour. The government provides compensation to the victims of bonded labour and rehabilitation³.

The Child Labour (Prohibition and Regulation) Act, 1986: This act provides a detailed view of places where children are allowed to work and where not. This act provides a list of 13 places and 57 processes where children are not allowed to work. 

Child Labour (Prohibition and Regulation) Amendment Act, 2016: This act prohibits the employment of persons who have not completed the age of 14 years. Also, a complete ban on persons between the age of 14 and 18 years working in hazardous factories.

Child Labour (Prohibition and Protection) Amendment Rules, 2017: This provides an overview of prevention, protection, rescue, and rehabilitation of children and adolescent workers and also provides fixed working hours and other environment-friendly conditions for working.

IMMORAL TRAFFIC (PREVENTION) ACT, 1956

Section 3: Provides punishment to a person responsible for having a brothel or renting someone a place to be used as a brothel.

Section 4: Punishment for those who are above the age of 18 years and living on the allowances that come through someone being a prostitute.

Section 5: Punishing those who are involved in inciting a person for the sake of prostitution.

Section 6: It punishes the one who detains another person with or without their consent to any brothel or any place that is for prostitution with having an intention that the person who is detained is to have sexual intercourse with any person who is supposedly the spouse of the detained person.

Section 7: Any person who carries out prostitution or the other person with whom the prostitution is carried out is in the proximity of public places including hospitals, clinics, hostels, education institutes, or in any other area i.e., mentioned in provisions of this act is punishable with a term of imprisonment of 3 months.  

Section 8: Luring someone for the purpose of prostitution in first conviction punishable with imprisonment of 6 months and a fine up to Rs. 500. In case of second conviction imprisonment of a year inclusive of fine of Rs. 500.

Section 18: Magistrate has the power to order the immediate closing of a location used as a brothel and located within 200 Meters radar to any public place. The owner is only given 7 days to evict from such a place.

Section 20: Magistrate has the power to order any person who is in the profession of prostitution and residing in any area within the jurisdiction of the concerned Magistrate to be present before the court and show cause why he should be allowed to continue to live in that area.

Section 21: State government may direct and establish enough protective homes and corrective institutions and their maintenance as mentioned under this act. If the procedure is not followed as mentioned in the act, may be liable for punishment.

Section 22A: If the State government believes that cases related to offences mentioned in this act should be decided through speedy trial, it may along with consultation of the state High Court may establish more courts for Judicial Magistrate First Class or Metropolitan Magistrate in any such area.

Section 22B: Irrespective of anything that is mentioned in CrPC state government has authority to direct the trial of any offence mentioned under this act shall be done in a summary way by the magistrate.

Supreme Court passed an order in the case of Gaurav Jain v. Union of India³ that a committee must be constituted for an in-depth study of problems faced by prostitutes, child prostitution, and children of prostitutes and help them through suitable schemes that help in their rehabilitation in society.

INDIAN PENAL CODE, 1860

Section 360: Whosoever he/she may take any person beyond the premises of India without his consent or any other person who is authorized to give consent on behalf of that person is called an offence of kidnapping a person from India.

Section 361: Whoever lures or takes a minor i.e., under the age of 16 years for males and under the age of 18 years for females or any other person who is incapable of giving his consent is stated as kidnap a person from the custody of his lawful guardianship.

Section 362: Any person who got trafficked is also a victim of abduction as the person was forced to move from a place of his/her choice.

Section 363A: Prescribes the punishment for those who kidnap and cripple a person of minor age for purpose of begging.

Section 366A: Provides punishment for any person who entices any minor girl to move from one place to any other place where she may be forced to have sexual intercourse with another person.

Section 370: Punishment for the persons who are involved in the trafficking of human beings and in any other acts related to human trafficking.

Section 372: If any person who sells disposes of, or lets her be hired for the purpose of prostitution any person who is below the age of 18 years shall be liable for imprisonment for up to 10 years with a fine.

Section 373: If any person buys, obtains, or hires any person who is below the age of 18 years shall be liable for imprisonment for up to 10 years with a fine.

GOVERNMENT’S ATTEMPT

The Ministry of Home Affairs of India has introduced a scheme ‘Strengthening Law Enforcement Response in India Against Trafficking’ under the scheme 330 Anti Human Trafficking Units will be established throughout the country and training would be given to up to 10,000 police officers. Funds as the first instalment for the same were released by the government in the year 2010-2011 to all state governments. Around 85 units have already been established all over India.

Ministry of Women and Child Development provides a scheme called ‘Ujjawala’ that provides for measures to be taken for preventing human trafficking, rescue, and rehabilitation of the victims. With the help of funds granted for scheme 101 centres that provide for rehabilitation and can be home to 4056 victims.⁴

CONCLUSION

Supreme Court claimed that when a child is given in adoption, he/she must be treated well and great care must be taken especially in cases of inter-country adoption so that the child must have moral security and must not end up being a product of sale and purchase for the foreign parents⁵. Even after the implementation of many schemes by the government of India still records more than 5,000 registered cases of human trafficking for a year and India comes under Tier 2 in the index of human trafficking meaning a moderate level of crime. While some people do not even register FIR for the offence due to lower rates of successful conviction in the cases.

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CITATIONS

1. Vishal Jeet v. Union of India 1990 AIR 1412.
2. 1982 3 SCC 235.
3. 1997 8 SCC 114.
4. Bandhua Mukti Morcha v. Union of India, 1984 AIR 802.
5. Laxmi Kant Pandey v. Union of India, 1984 2 SCC 244.

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This article is written by Simran Gulia currently pursuing a BA LLB from Maharaja Agrasen Institute of Management Studies.

-Report by Apurva Jain

The Bombay High Court on Monday requested the Maharashtra Government to quickly investigate the constitution from administrative experts for surrogacy techniques under the new Assisted Reproductive Technology Act (ART) and Surrogacy Act.

A division bench of Justices SV Gangapurwala and Shriram Modak was hearing a couple’s prayer looking to finish their surrogacy methodology started before the new Acts. The couple looked to move of their cryo-safeguarded incipient organisms out of PD Hinduja Hospital and Medical Research Center to some other fruitfulness facility.

During the meeting, the court advised the state to investigate the issue of comprising specialists commanded under the law. In the wake of losing both their kids, the candidates, the two legal counselors, settled on surrogacy and were taking treatment from Dr. Arati Adhe at Hinduja Hospital, Mumbai. Midway through the candidate’s treatment, in January 2022, the new Assisted Reproductive Technology Act (ART) 2021 and Surrogacy Act 2021 was advised.

The candidates have guaranteed that not long after the two demonstrations were authorized, the medical clinic would not go on with the surrogacy method and furthermore wouldn’t move the cryo-saved undeveloped organisms to some other fruitfulness center.

Since the clinic was reluctant to move the incipient organism and furthermore attributable to the non-constitution of different specialists, especially National board and State sheets under the Art Act, the couple moved toward the Bombay High Court.

It very well might be noticed that the Act commands the constitution of these specialists in no less than 90 days of its
coming into force on January 25, 2022. The High Court gave notice and looked for the Hospital’s reaction.

On Monday the couple’s advice presented that the exchange of undeveloped organisms starting with one facility and then onto the next wouldn’t influence the interest of anybody and restricted help to that degree to be permitted. The promoter showing up for the emergency clinic eagerly went against the exchange of the undeveloped organisms. It contended that the exchange ought not to be allowed considering part 29 of the ART Act.

Since the case includes inquiries of regulation, the bench posted the writ appeal for a definite hearing on July 7, 2022 Nonetheless, when the candidate’s advice brought up that compulsory sheets under the Act were not framed, the court looked for express insight reaction.

The court said that it was not passing any composed request for constitution of the power, yet the state ought to investigate this issue before the following date of hearing. States like Telangana and Punjab have already constituted the boards and appropriate authorities under the Act. The central government also constituted the national board on 4th May 2022.

However, the State Board is yet to be constituted in Maharashtra.

-Report by Nistha Tiwari

Teesta Setalvad, a Social Activist was arrested on 25th June 2022 for forgery, criminal conspiracy, and placing false evidence in court in the 2002 Gujarat riots case by Gujarat Anti-Terrorist Squad. The arrest took place after the Supreme court dismissed a plea of Zakia Jafri challenging SIT’s clean chit to the then Chief Minister Narendra Modi along with 63 other persons. Former police officers Sanjeev Bhatt and R.B. Sreekumar were also booked for the
offence along with Teesta Setalvad.

Setalvad was the secretary of NGO Citizens for Justice and Peace and was well known for her work in supporting victims of the 2002 riots due to which around 1000 people were killed. Setalvad and her NGO were co-petitioners in the case named Zakia Ehsan Jafri and another v. State of Gujarat and another, along with Zakia Jafri. In this case,
Zakia Jafri’s husband, former congress MP Ehsan Jafri was killed in the Gulberg Society after a coach of Sabarmati Express was burnt due to which about 59 people were killed.

Gulberg society is situated in the Charmanpura area in south Ahmedabad. The day when the coach of Sabarmati Express was burnt, riots broke out in Gujarat and 59 Hindu pilgrims who were returning from Ayodhya, were killed.
The area was affected by violence due to the riots and some people of the Muslim community took shelter at Ehsan Jafri’s home. Ehsan Jafri was dragged by the mob from his house and was brutally killed along with 68 people. Zakia Jafri was hidden in a room on the first floor of their house and was the only one who survived.

After this massacre, Zakia Jafri lodged a complaint on 8th June 2006, alleging Police inaction in which names of the then Chief Minister Narendra Modi along with several other ministers of his cabinet were mentioned.
In the year 2012, the Special Investigation Team (SIT ) constituted by the Supreme Court, stated that no prosecutable evidence was found against Mr. Narendra Modi and the other names mentioned in Zakia’s Complaint. This report was accepted in Ahmedabad.

About 24 persons were convicted at the end of the trial of the case in 2016. Mr. Narendra Modi was proved innocent by SIT in the year 2017 and the same was confirmed by the Gujarat High Court. But Zakia Jafri along with Setalvad challenged the order of the Gujarat HC and moved to the apex court.

On 24th June 2022, the petition challenging the clean chit to Mr. Narendraa Modi and 63 other people, which was filed by Zakia Jafri was dismissed by the Supreme Court. SC said Jafri’s plea is devoid of any merit. SIT opposed the plea in court by saying that the sinister planning behind the filing of the complaint is to probe a larger conspiracy. The original
complaint of Jafri was directed by Teesta Setalvad who leveled the allegations. On the very next day of the dismissal of Zakia Jafri’s plea, June Teesta Setalvad was arrested on a complaint filed by police inspector D B Barad from her home located at Juhu in Mumbai. She was then shifted to Ahmedabad. Also, former senior IPS officer Sanjiv Bhatt and former DGP RB Sreekumar were arrested.

Some of the provisions involved in Teesta Setalvad’s arrest are section 468 Forgery for purpose of cheating;
IPC Section 471 using as genuine a forged document or electronic record; IPC Section 211 false charge of offence made with the intent to cause injury; IPC Section 120(B) criminal conspiracy; IPC Section 194 giving and fabricating false evidence with the intent to procure conviction of the capital offence.

Teesta’s reaction to her Arrest
After her arrest, Teesta said it was illegal. She said –“ without serving any notice the Anti–Terrorist Squad came and snatched my phone and even showed me the FIR when my lawyer came to my home “ she also indicated that a wound was inflicted on her hand because of the ATS. Further, she said that she is a human rights activist and is cooperating in investigations but also claimed that she should be given bail as this is a politically motivated case.
Supreme Court said that Teesta’s antecedents had exploited the petitioner’s emotions for ulterior motives. She is responsible for hurting the feelings of the original victim of the case.

Hundreds of advocates have written to the CJI condemning the proceedings being initiated against Teesta Setalvad. The letters express that these actions of the police send a wrong message toward the “practice of law”.

About the Organization

The Court’s independent Office of Public Counsel for the Defence (OPCD) is devoted exclusively to the Defense’s activities. The OPCD, which was established in accordance with Regulation 77 of the Regulations of the Court, works to advance, defend, and represent the Defence while bringing defense-related matters to the public’s attention. The OPCD monitors all cases on a daily basis in order to build a collective defence memory and resource centre. This allows it to draw from the experiences of the many ICC defence teams and offer them legal resources, research, and guidance when needed. Additionally, the Counsel of the OPCD is still available if the Chambers need him or her to represent a suspect or defendant in court or offer advice on a particular legal issue. Members of the Office function independently while adhering to the Code of Professional Conduct for Counsel when carrying out their duties.

About the Responsibilities  

The International Criminal Court (ICC) looks into cases of genocide, war crimes, crimes against humanity, and crimes of aggression and, where necessary, brings individual accusations against those defendants to trial. The Court is a participant in the worldwide effort to abolish impunity, and via the use of international criminal justice, the Court seeks to both hold those guilty of crimes accountable and contribute to their prevention. By becoming a member of the ICC, you can help in this cause.

As an intern you are required to:-

• carry out study on a variety of intricate legal topics;
• draughts of memos, summaries, legal notes, and minutes of meetings;
• Follow developments to support team assistance;
• Attend Court internal meetings and give presentations to other audiences.

Location

The Hague – NL

Time Period

Interns must put in between three and six months of full-time work (to be agreed to prior to commencement). Placements for internships cannot last more than six months.

Remuneration

Please be aware that ICC professional placements during visits and internships are not financed. The Internship and Visiting Professional Program participants are not eligible for any compensation from the ICC, and there is no way to get paid for expenses incurred before, during, or after the internship or visiting professional placement. Therefore, candidates must be financially independent throughout their internship or temporary professional placement. The ICC’s Trust Fund for the Development of Interns and Visiting Professionals, which accepts contributions from States Parties and other donors, may offer a small amount of funding, though. As long as funding is available, the Human Resources Section shall promote a supported job opening in accordance with the donors’ agreed-upon Trust Fund terms of reference.

Eligibility

• ability to adapt to a bilingual and multicultural workplace
• Strong collaborative abilities with the capacity to operate alone as well (listens, consults, and communicates).
• good writing and research skills.
• high level of computer proficiency (including Microsoft Office applications and electronic databases).
• Knowledge, Skills: Because internship positions target applicants who are just starting out in their professional lives, having practical experience is not a requirement for selection. The Court may, however, view practical experience as an asset if it is pertinent to its function.
• Experience: Candidates who are just starting their professional careers are given preference for internship positions. Practical knowledge is not a requirement for selection. A practical background that is pertinent to the work of the Court can be viewed as advantageous. Such employment experience, therefore, shouldn’t go beyond three (three) years.
• Education: All applicants must hold an advanced degree in law (L.L.M. or J.D.) or be in their last year of law school at an accredited university, having completed coursework in public international law, international humanitarian law, international criminal law, and/or human rights. Candidates must have a strong history of academic achievement.
• Understanding of Languages: It is necessary to be proficient in either French or English, the Court’s working languages. A basic understanding of the other is preferred. An advantage is having knowledge of one of the Court’s other official languages, such as Arabic, Chinese, Russian, or Spanish.
• Other requirements: Gender equality and diversity are priorities for the Court. Nationals of non-represented and under-represented nations at the ICC are also encouraged to apply, in keeping with the ICC’s attempts to promote geographical representation among personnel.

Deadline for Applying

31 December 2022

How to Apply?

Interested candidates may apply from here:- http://ow.ly/qwIb50JMwE8  

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About the Organization

The New Delhi-based law firm AKS Partners offers its clients a wide range of services, including dispute resolution, insolvency and restructuring, tech laws (data privacy, artificial intelligence, blockchain, etc.), general corporate advisory, mergers and acquisitions, private equity, venture capital, external commercial borrowing, franchising, securities litigation, and enforcement. consisting of a skilled, close-knit team of professionals who work nonstop to guarantee that the customers receive top-notch legal service. The team’s legal advice is of the highest calibre and is commercially pertinent, and professionalism, effectiveness, and timeliness are key to the firm’s work philosophy.

About the Responsibilities  

AKS Partners (Advocates | Solicitors | Consultants) is hiring for multiple positions for its General Corporate, Merger & Acquisition, and Private Equity/Venture Capital team for its Delhi office.

Location

Delhi office.

How to Apply?

Interested candidates may apply from here:- share your profile at careers@akspartners.in

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About the Organization

Sujata Chaudhri IP Attorneys is a boutique IP practise with a focus on copyrights, branding, and all facets of trade mark law. I am active in all facets of the practise, including but not restricted to complicated advisory work, litigation, enforcement, and prosecution. We stand in for the largest brand owners in India and throughout the world. Being a relationship-driven company, we work hard to comprehend our clients’ businesses and support their expansion.

About the Responsibilities  

Two trademark paralegals are needed by the boutique firm Sujata Chaudhri IP Attorneys to support its expanding practise.

Location

Noida

Openings

2

Eligibility

• One to four years of experience with trademark filings, docketing, etc., are required for both paralegals.
• They must be able to deal with lawyers in a fast-paced atmosphere.

Perks

• The firm offers competitive salaries and good benefits.

How to Apply?

Interested candidates may apply from here:- hr@sc-ip.in

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Every individual irrespective of occupation, age, community, gender, caste, race, or religion, is a consumer. Consumer rights and protection are the structural part of the life of every person and we all have made use of them at some point in our day-to-day life. The consumer is the genuine deciding agent for all economic activities. It is now globally accepted that the expanse of consumer protection is the true measure of the level of progress in a nation. This article is an attempt to examine, analyse and review consumer protection in India.

Introduction

The concept of consumer protection is as old as human civilisation. Protecting the buyers’ interests is among the prime considerations of the business. Mahatma Gandhi’s political ethics said that the consumer is allowing the entrepreneurs to serve him and he is the subsequent purpose of the business; we can even go to the extent of saying that according to certain studies of some Indian traditions, consumer/customer is equivalent to God but the profit motive of the marketers and dealers is resulting in consumer exploitation through deceitful and immoral market practices. Consumer protection is a socio-economic day-to-day activity that is to be carried out by government and businesses with the prime objective of protecting the interest of consumers and their fair satisfaction. The duty to protect the consumer interests and rights is the responsibility of the government through constructing policies and laws. Consumer Protection Act 1986 is considered a turning point in the history of India for consumer rights. This Act inspects the background and evaluation of the Consumer Protection Act over a while.

Who are consumers?

A person who purchases goods and services is called a consumer. Consumer rights generally refer to laws that give power to consumers against exploitation and misconduct, misinformation, and misguiding by producers and sellers and force them of goods; to protect the interests of consumers.

The Rights of consumers

The essential rights of consumers that are striving to be upgraded and protected are:

1. The protection against the marketing of goods and services which are hazardous to life and property.

2. To notify the customers about the quality, quantity, potency, purity, standard, and price of goods, or services against unfair practices.

3. The right to be guaranteed and retrieve a variety of goods and services at competitive prices.

4. The right to be informed and to be assured that consumers’ welfare will receive due deliberation at relevant forums.

5. The right to pursue amends against biased trade practices or prohibited trade practices or unethical exploitation of consumers.

6. Consumer education rights.

Changing Phase of consumer protection since ancient India

The theory of consumer protection against prejudiced and biased malfunction practices safeguarding the interests of consumers was a part of Indian tradition and management for centuries in ancient times. It can be seen in ancient Indian Dharmasastras like Manu Smriti, the Yajnavalkya Smriti, the Brihaspati Smriti etc., illustrated the living standards of the people of that period and were grounds on the dharma to be abided at that period. Manu Smriti was one of the persuasive and authoritative scripts that treated various consumer affairs. During the Mughal period (Mediaeval period) who ruled India, like Alauddin Khilji, Sher Shah Suri and Akbar, etc., thought about protecting consumer rights and they enacted strict laws for the same. They introduced weights and measured the standardisation process. The British Rule, also called modern India, combine the previous customs and cultures with a unified nationwide system that had similarities with the laws already enacted in Britain. Britishers introduce Acts like the Indian Penal Code, 1860, the Carriers Act, 1865 Law of Tort, The Indian Contract Act, 1872, Sales of Goods Act 1930, and the Agricultural Product (Grading and Marketing) Act 1937. After Independence, many laws were passed in India for shielding innocent customers from unfair and restrictive trade practices. The Acts that were enacted and protected the whole of the Republic of India are: the Drugs Control Act 1950, the Industry’s Development And Regulations Act 1951, The Drugs And Magic Remedies Objectionable Advertisements Act 1954, The Prevention Of Food Adulteration Act 1954, The Essential Commodities At 1955, The Trade And Merchandise Marks At 1958, The Monopolies And Restrictive Trade Practises At 1969, The Cigarettes Regulation Of Production, Distribution And Supply At 1975, The Standards Of Weights And Measures Act 1976, The Prevention Of Black Marketing And Maintenance Of Supplies Of Essential Commodities At 1980, The Standards Of Weights And Measures Enforcement Act 1985, The Bureau Of Indian Standards Act 1986.

There was a need for a focused and strong law to ensure better protection of the interests of consumers and to save them from unfair trade practices and for this The Consumer Protection Act 1986 was enacted by the Indian Government. The motive is to make provision for the organization of consumer councils and other dominance for the arrangement of consumer disputes and matters connected therewith.

Landmark Judgements

The State Commission of Andhra Pradesh in the case of Narasamma v. LIC of India¹ on 20 March, 2018 decided that the widow of the insured is also a consumer and is entitled to benefits.

Morgan Stanley Mutual Funds versus Karthik Das², the court held that the person who has applied for shares cannot be called a consumer till the time the shares are allotted to him.

V. N. Shrikant v. Anita Sena Fernandes³, it was decided that in cases of medical irresponsibility, there is no strait waistcoat formula to decide when the consumer’s source of action arose. In the face of such trauma and pain, the applicant has been inadequate to come up with a clear statement for why she has not contacted her doctor for the past 9 years. The applicant’s actual claim for reimbursement is sabotaged by her tranquility. As an effect, the contested order was altered, and the applicant’s complaint was dispersed.

Springs Meadows Hospitals v. Harmony Ahluwalia⁴, The National Consumer Disputes Redressal Commission held that since the incumbent doctor and nurse were staff of the hospital, both were liable and reimbursed ₹12.51 Lakh to the child and ₹5 Lakh to the parents for genuine psychological trauma.

In the ultramodern times, the desires and beliefs of the consumer have advanced in the wake of rising knowledge and proliferation and thus the protection of the rights of consumers is foremost. The Consumer Protection act 1986 almost a three-decade-old act was replaced by a new Consumer Protection Act, 2019.

The difference between the Act of 1986 and 2019:

Consumer Protection Act 1986 – This Act was narrower in scope it covers only six types of Unfair/ Deceptive Trade Practices. There were no provisions for product liability, unfair contacts, alternative dispute resolution mechanisms, and E-commerce and direct selling. The role of the Central Protection Councils was to promote and protect the rights of Consumers. There were different committees prescribed for the selection of members in consumer dispute Redressal Commissions.

Consumer Protection Act 2019 – This Act is broader in scope it adds more than 3 new unfair trade practices and contains the provisions of Product Liability, unfair contacts, E-commerce, direct selling, and mediation/ alternative dispute resolution. The regulator by the name of the Central Consumer Protection Authority shall be established. The Central government has the power to appoint the members. This act has advisory bodies for the promotion and protection of Consumer rights. A person failing to comply with the orders of the commission can face imprisonment up to three years or a fine not less than Rs 25000 which may extend to Rs one lakh or both.

Conclusion

The Consumer Protection Act simply says that there should not be any restraint or bar to the rights of the customers. While explaining, it is simplified in such a way that the rights of the customers are safeguarded against the unfair trade practices in the market. Consumers should always be conscious of their rights. In some cases, Supreme Court asked the Commission to be broad-minded when constructing the law and take a sensible view of consumer rights. It’s good that the Consumer Protection Act of 2019 was sanctioned contemplating all the ongoing events but still, there is a need for genuine execution of the act. Still, many consumers in our country don’t know much about their legal rights and have a conception that the court work is time taking as a result of which they are in doubt to file the case. The Government of India should try to upskill the consumers on their legitimate rights and should also clarify the case filing structure.

Citations

¹ (1992) CPJ 128 (NC).

² 1994 SCC (4) 225, JT 1994 (3) 654.

³ [SC/0868/2010].

⁴ 1998(2) SCALE 456 (SC).

This article is written by Ashmita Dhumas, who has done her BA LLB from Agra College and is currently doing a diploma in Corporate Law from Enhelion.