Author: LEXPEEPS editor

The appeal was against an order dates 2^nd August 2018 passed by the National Consumer Disputes Redressed Commission, dismissing Revision Petition no. 5 of 2018, filed by the appellant, under Section 21(b) of the Consumer Protection Act, 1986, against an order dates 31^st August 2017 passed by the State Consumer Disputes Redressed Commission, Uttar Pradesh, dismissing appeal No. 2017 of 2008 filed by the financier and affirming the order dates 22^nd August 2018 passed by the District Consumer Disputes Redressed Forum , Ambedkar nagar, Uttar Pradesh whereby the District Forum allowed Complaint Case no. 105/2005 filed by the Respondent, Rajesh Kumar Tiwari and directed the financier to pay Rs. 2,23,335/- to the Complaint along with interest at 10% per annum Rs. 10,000/- as litigation expenses.

On 2^nd August 2002, the Complainant entered into the hire-purchase agreement with the financier, then known as Magma Leasing Ltd. For hire purchase of a Mahindra Marshal Economic Jeep, which is hereinafter referred to as the vehicle the cost where of was Rs.4, 21,121/- of which the complainant made an initial payment of Rs. 1, 06,121/- According to the financier an amount of Rs. 1.04, 000/- from out of the initial payment of Rs. 1.06,121/- was paid by the complainant to the dealer directly. The balance amount of Rs. 3, 15,000/- was paid by the Financier.

The Complainant agreed to repay a sum of rs. 4, 38,585/- which was inclusive of finance charges of Rs. 83,650/- to the financier in 35 monthly installments of Rs.12, 531/- commencing from 1^st August 2002. The monthly installments were to be paid till 1^st June 2005. The complainant apparently deposited postdated cheques of Rs. 12,531/-

By an order dated 22^nd August 2008, the District Forum allowed the complaint and directed the financier to pay Rs. 2, 23,335/- to the complainant along with simple interest at 10% per annum from the date of filing of the complaint till payment as also Rs.10, 000 towards damages for physical and mental agony and Rs.1000/- as litigation expenses, within 45 days from the date of the order.

Being aggrieved by the order of the District Forum allowing the complainant, and directing the Financier to pay the complainant the entire amount paid by the complainant to the Financier towards installment and other charges as well as the sum of Rs.1,04,00/- paid by the complainant directly to the dealer , along with interest at 105 the Financier filed an appeal before the State Commission. The financier contended that the vehicle had to be sold since the complainant had not paid an outstanding amount of Rs. 2, 80,132/-

By a judgment and order dated 31^st August 2017 the state commission dismissed the appeal. The Financier filed a revisional Application before the national Commission under Section 21(b) of the Consumer protection act, which has been dismissed by the judgment and order under appeal.

A forum constituted under the Consumer protection Act has, has observed, the power to award punitive damages. Punitive damages should, however, be granted only in exceptional circumstances, where the action of the Financier is so reprehensible that punishment is warranted. To cite an example, where a financier erroneously and wrongfully invokes the power to repossess without notice to the hirer, causing thereby extensive pecuniary loss to the hirer or loss of goodwill and repute a forum constituted under the Consumer Protection Act may award punitive damages.

In the instant case, there is no evidence of any loss suffered by the complainant by reason of non-receipt of notice. Admittedly, several installments remained unpaid. After repossession the complainant contracted the financier and was informed of the reasons for the repossession. He only made an offer to pay outstanding installments and gave an assurance to pay future installments in time. If the financier was not agreeable to accept the offer, the Financier was within its right under the hire purchase agreement. This is not a case where payment had been tendered by the hirer but not accepted by the Financier. The complainant had not tendered payment.

The Financier admittedly paid Rs. 3, 15,000/- for accusation of the vehicle, out of which the Financier had been able to realize Rs. 1, 19,000/- inclusive of all charges. There was depreciation in the value of the vehicle by reason of usage by the complainant for about a year. The District Forum did not even notionally assess the depreciation in the value of the vehicle.

The District Forum was not justified in directing the Financier to pay the Complainant Rs.2.23.335/- being the entire amount paid by the complainant to the Financier from the inception as well as the payment of Rs.1, 04, 000/- made by the complainant to the dealer along with damage of Rs.10, 000/- and litigation cost of Rs.1000/- after the complainant had held and used the vehicle for almost the year. The complainant admittedly a defaulter has in effect been allowed free use of the vehicle for about a year, plus damage, for an error in the notice of repossession, without considering the prejudice, if any, caused to the complainant by the error and consequential non receipt of the notice, and without making any assessment of the loss, if at all, to the complainant by reason of the error.

For the reasons discussed, the impugned orders of the National Commission the state Commission and the District Forum under the consumer  protection act cannot be sustained and the same are set aside.

The appeal is accordingly allowed. The financier shall, however, pay a composite sum of Rs.15,000/- to the complainant towards damages for deficiency in service and costs for omission to give the complaint a proper notice before taking repossession of the vehicle.

INTRODUCTION

This pandemic made us realise the importance of medical backup in our lives and that how the cost of healthcare is taking a new hike everyday because of the ever-growing demand for medical services. Health and medical insurance proves to be a helping hand in these kind of situations and prevents any impact on the savings for the future educational and personal goals. But the main hurdle lies in the understanding of terms and conditions of the health insurances as they are pretty technical in nature. Average customers find it difficult to understand the meaning of each and every condition and that’s why comparing the health plans become quite an issue for them.

To provide a solution The Insurance Regulatory and Development Authority of India (IRDA) on 11^th June, 2020 issued guidelines on Standardization of general terms and clauses in Health Insurance Policy Contracts so that it could be easily understood by the customers and transparency could be maintained.

The guidelines are as follows:

• The policy shall be void and all the premium paid shall be forfeited to the company in the event of misrepresentation or non-disclosure of any material information by the policyholder whereby material facts shall mean all relevant information sought by the company to enable it to take informed decision in the context of underwriting the risk.
• The company shall settle or reject a claim, within 30 days from the date of last necessary document and in case of delay in the payment of claim the company shall be liable to pay interest to the policy holder at 2% above the bank rate. In case the claim warrant of an investigation in the opinion of the Company, such investigation should be completed at the earliest and not later than 30 days from the date of receipt of last necessary document. The Company shall settle the claim within 45 days in such a case and in the event of any delay the Company shall pay interest to policyholder at 2 above the bank rate.
• If an insured person takes multiple policies, he/ she shall have the right to require a settlement of his/her claim in terms of his/ her policies. The insurer chosen by the insured person shall be obliged to settle the claim and he/she shall have the right to prefer claims under this policy/policies even if the sum insured is not exhausted. If the amount claimed exceeds the sum insured under a single policy, the insured person shall have a right to choose insurer from whom he/she wants to claim the balance amount and the insured person shall only be indemnified the treatment of the costs in accordance with the terms and conditions of the chosen policy.
• The benefits of the policy and the premium paid shall be forfeited if any claim made by the insured person is fraudulent, or any false statement, or declaration is made or used in support thereof, or if any fraudulent means or devices are used by the insured person or anyone acting on his/her behalf to obtain any benefit under the policy. Any amount already paid against claims made under this policy but which are found fraudulent later shall be repaid by all recipient(s)/policyholder(s), who has made that particular claim, who shall be jointly and severally liable for such repayment to the insurer. The Company shall not forfeit the policy benefits or repudiate the claim, if the person prove that the misstatement was true to the best of his knowledge and there was no deliberate intention to suppress the fact or that such misstatement of or suppression of material fact are within the knowledge of the insurer.
• The policy may be cancelled by the policymaker by giving 15 days written notice and in such an event, the Company shall refund the premium for the unexpired policy period and it can be cancelled on the ground of misrepresentation, non-disclosure of material facts, and fraud by the insured person. However, no refunds shall be made in respect of cancellation where, any claim has been admitted or has been lodged or any benefit has been availed by the insured person under the policy and on the grounds of misrepresentation, non-disclosure of material facts or fraud.
• The insured person will have the option the migrate the policy to other health insurance products/plans offered by the company by applying for migration of the policy at least 30 days before the policy renewal date and if such person is presently covered and has been continuously covered without any lapses under any health insurance product/plan offered by the company, the insured person will get accrued continuity benefits in waiting periods.

The insured person will also have the option to port the policy to other insurers by applying to such insurer to port 45 days before, but not earlier than 60 days from the

• policy renewal date and such insured person will get accrued continuity benefits in waiting periods if such person is presently covered or has been continuously covered under any health insurance policy with an Indian General/ Health insurer.
• The Company shall attempt to give notice for renewal but it’s not obligatory and it can only be denied on the grounds of misrepresentation, fraud by the insured person and not on the ground that the person had made a claim or claims in the preceding policy years and the request for the same shall be received by the Company before the end of the policy period. At the end of the policy period, the policy shall terminate and can be renewed within the grace period specified by the insurer as per product design to maintain continuity of benefits without break in policy.
• The Company will intimate the insured person about the withdrawal of the policy 90 days prior of the expiry date and the insured person will have option to migrate to similar health insurance product available with the company.
• After the completion of 8 continuous years under the policy no look back is to be applied and this is known as the moratorium period and the same would be applicable for the sums insured of the first policy and subsequently completion of 8 continuous periods would be applicable from the date of enhancement of sums insured only on the enhanced limits. No health insurance claim shall be contestable except for proven fraud and permanent exclusions specified in the policy contract after the expiry of this period.
• Certain guidelines related to the person who has opted for payment of premium on an installment basis has been laid down which includes grace period, waiting period, specific waiting periods. The company has the right to recover and deduct all the pending installments from the claim amount due under policy.
• Insurers are required to give you a free-look period to review your policy and if you are dissatisfied, return it and get your money back and it shall be applicable on new individual health insurance policies and not on renewals or at the time of porting/migrating the policy. The insured person shall be allowed free look period of 15 days from the date of receipt of policy document to review the terms and conditions of the policy, and to return the same if not acceptable.
• The definition of the “Pre-Existing Disease” at Clause 3 of Chapter 1 under Section 1 of the Master Circular on Standardization of Health Insurance Products was rectified.

These guidelines will be applicable to all health insurers who are providing indemnity-based health insurance (excluding Personal Accident and Domestic/Overseas Travel) products for individuals and groups on or after 1^st October, 2020.

The Ministry of Road Transport and Highways (MoRTH) on Thursday notified the rules for protection of Good Samaritans. A Good Samaritan is a person, who in good faith, voluntarily and without expectation of any award or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.

The rules provide that no officer or any other person shall compel a Good Samaritan to disclose his/her name, identity, address or any such other personal details. However, he may voluntarily choose to disclose the same and if that person has voluntarily agreed to become a witness in the case in which he has acted as a Good Samaritan, he shall be examined in accordance with the provisions of these rules. The rules also provide that the Good Samaritan be treated respectfully without any discrimination on the grounds of religion, nationality, caste or sex. Every public and private hospital shall publish a charter in Hindi, English and vernacular language, at the entrance or other conspicuous location, and on their website, stating the rights of Good Samaritans.

The Motor Vehicles (Amendment) Act, 2019, inserted a new section 134A, named “Protection of Good Samaritan” which provides that a Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident.  India witnesses around 1.5 lakh deaths due to road accidents in a year, which is highest in the world, and that’s why government has been taking several steps to reduce these tragedies. And this is the reason the government put out the rules so that people who come forward to help the road accidents victims on the spot could be prevented from any legal mess at the hospital or later by law enforcement authorities and hence these rules are to encourage the public to come forward to help accident victims so that they get shifted to a nearby hospital immediately

This article has been written by Nikhat Suhail. Picture credits to indianlink.com.au

Introduction

Sushant Singh Rajput was an Indian actor who was best known for his work in Hindi cinema (renowned as Bollywood). He was born in the year 1986 and died on 14th June 2020. The post-mortem report stated that the cause of death was “asphyxia due to hanging,” and called it a “clear case of suicide.” The 34-year-old Actor was a renowned Bollywood star and had quite a fandom with his extraordinary acting skills. It was acclaimed that the self-made actor was not a product of Nepotism from the B-town and was thus always left alone. After the actor committed suicide without leaving a note behind it was alleged that depression took the best of him and the long-faced difficulty of being a misfit in the industry even after having great talent was too heavy to hold anymore. Amidst all this, since the actor was an infamous celebrity, media and social media followed every inch of his last rites until the body was cremated, due to which there was a public outrage as the lacunae in the procedures were quite visible and people started speculating if it really was murder. A lot of fingers were raised until on the 25th of July, Rajput’s family lodged a first information report with police in Patna, where his father lives, accusing Rhea Chakraborty(Sushant’s Girlfriend) and five others of abetment of suicide. Campaigns started running under the hashtag of CBI for SSR  throughout the social media after, the police showed a lack of interest in the procedure and people became outrageous on the matter due to which, On 19 August 2020, the Supreme Court of India allowed the Central Bureau of Investigation (CBI), the Indian national government’s top investigating agency, to take control of the investigation and ordered the CBI to look into any future cases registered in relation to Rajput’s death.  Acting on information provided by the Enforcement Directorate on WhatsApp chats allegedly related to “banned drugs”, The Narcotics Control Bureau (NCB) on 27th August filed a criminal case against actor Rhea Chakraborty and three of her acquaintances under several sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, claiming proof about the consumption of banned substances.

NDPS Act

The Narcotic Drugs and Psychotropic Substances Act of 1985 provides provisions that help in making stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. The Narcotics Control Bureau also known as NCB was made responsible for administering The Narcotic Drugs and Psychotropic Substances Act, 1985 which Is affiliated to the Home Ministry directly.

Registered Offences and its definitions

SECTION 20 (b) 2

Punishment for contravention in relation to cannabis plant and cannabis:

Whoever—

1. cultivates any cannabis plant or
2. produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis,

shall be punishable

1. where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and
2. where such contravention relates to sub-clause (b),—

(A) and involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;

(B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;

(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

SECTION 22

Punishment for contravention in relation to psychotropic substances:

Whoever, in contravention of any provision of this Act or any rule or order made or condition of the license granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State

or uses any psychotropic substance shall be punishable,—

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;

(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;

(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

SECTION 27A

Punishment for financing illicit traffic and harboring offenders:

Whoever indulges in the financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees

SECTION 28

Punishment for attempts to commit offenses:

Whoever attempts to commit any offense punishable under this Chapter or to cause such offense to be committed and in such attempt does any act towards the commission of the offense shall be punishable with the punishment provided for the offense.

SECTION 29

Punishment for abetment and criminal conspiracy:

(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offense punishable under this Chapter, shall, whether such offense be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offense.

(2) A person abets, or is a party to a criminal conspiracy to commit, an offense, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which—

(a) would constitute an offense if committed within India; or

(b) under the laws of such place, is an offense relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offense the same as or analogous to the legal conditions required to constitute it an offense punishable under this Chapter, if committed within India.

SECTION 30:

Preparation:

If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of [sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence  it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid

The Bail pleas of the accused have been rejected as the provisions of bail for the NDPS Act have been made more stringent considering the kind of offenses that are destroying the structure of the society. The federal drug agency told the Bombay High Court that the case concerns the entire society and is a non-bailable offense.

Role of NCB in the Instant case and Conclusion

The footing of the case here concocted for the NCB when based on his father’s complaint alleging abetment of suicide, cheating, and criminal conspiracy, the Patna Police later registered an FIR against Bollywood actor Rhea Chakraborty. He alleged that ₹15 crores were transferred from Sushant’s account within a short period of time. Subsequently, the ED also instituted a money-laundering case. During the investigation, ED found some electronic evidence through Rhea and her Brothers WhatsApp Chats regarding illegal drugs and other contraband substances. It was then the NCB was involved when the ED provided the chats to the NCB department and asked for further investigation.

The NCB is currently looking into this matter and has made several arrests under the NDPS act of 1985. Several high-profile actors, including Deepika Padukone, Shraddha Kapoor, and Sara Ali Khan, have also been questioned in the drugs case. The NCB is still doing the investigation and has made a statement clearing that elucidates the agenda of digging deep until answers are found.

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This article has been written by Yash Mittal. Picture credits to damajority.com

What is National Security?

National security is the concept of a government, with its parliament that should protect the state and its citizens against all kinds of national threats and crises. It is mainly for protection against military attack but now national security also includes other dimensions, which include the security from terrorism, environmental security, cybersecurity, economic security, etc.

The concept of national security is mostly developed in the United States after World War II. It’s initial focus it’s on military attack, but now it covers the broad range, which impinge on the non-military and economic security of the nation.

In order to possess national security, nation needs to possess economic security, environmental security, energy security etc. Security threats involve not only conventional foes such as other nation-states but also non-state actors such as violent non-state actors, narcotic cartels, multinational co-operations, and Non-governmental organizations (NGO’s), and also includes natural disasters and events causing environmental damage.

Harold Lasswell described national security as freedom from foreign dictation. And Walter Lippman described national security as a nation that has security when it does not have to sacrifice it’s legitimate interests to avoid war and is able if challenged to maintain them by war.

Issues Related to National Security

Military forces place a huge burden on economic security because of its high maintaining cost. Government expenditure on state armed forces was 4% in 2015 in Germany, 14% in the USA, 9% in the chile, 15% in Israel, 19% in Pakistan.

India’s military spending grew by 6.8 percent to $71.1 billion in 2019 according to the SIPRO report and trends in world military expenditure 2019. This is the highest military spending in South Asia.

And India is now the third biggest military spending in the world. If not done so, economic constraints can limit the capabilities of the military.

Unilateral actions related to security by the states can also impact the political security at the international level if it erodes the rule of law and undermining the authority of international institutions.

In competition with other nation-states for the betterment of economic security can impact ecological security.

National Security Advisor

The national security advisor is the senior official of the national security Council (NSC) of India and the chief advisor to the prime minister of India on national and international security policy.

Ajit Doval is the current NSA who is now one of the most powerful bureaucrats in India.

National Security Council (NSC)

The national security Council of India is an executive government agency tasked with advising the prime minister’s office on a matter of national security and strategic interest. It was established by the former prime minister of India Atal Bihari Vajpayee on 19 November 1998, with Brajesh Mishra as the first National Security Advisor. Prior to the formation of the NSC, these activities were overseen by the Principal Secretary to the preceding Prime Minister.

National Security Laws in India

India’s security laws were not restricted to three or four laws, it has a series of laws which had the objective of national security and to safeguard the national interest. But the majority of these laws are Unchecked and have unregulated powers that negatively impact the rights of the citizens. These laws were also called as exception laws or a necessary evil.

Soon after the independence, the Constitution was drafted for securing the rights and protecting the citizens. But there was one law in making which abolishes the rights of the citizens.

1) Preventive detention Act 1950 – Before independence Britishers were using statures of preventive detention for establishing their control. But after independence, India suffering from many problems like communal violence which creates an internal disturbance. For securing the territory, the Constitution, and securing the rights of people preventive detention act was established. In Parliament, PDA was introduced by Sardar Vallabh Bhai Patel and he said that he spent many sleepless nights thinking about this bill.

The preventive detention act is a law which authorities the government to detain any individual without any charge for a period of one year.

The objective is to control the communal violence at that time, but it is a temporary law that has a sunset clause and it expires in 1969.

2) Maintenance of internal security act 1971-1977 – Just after the expiry of PDA in 1969, the new act was passed MISA (1971). The majority powers of the preventive detention act were included in the MISA. The objective of this act is to impose restrictions on the persons who were detained. In 1975, the imposition of emergency many people were detained without having trail rights or safeguards.

Any person who comes in opposition with the government were detained under this act. In 1977 this act was abolished.

3) Armed forces special powers act (1958)

In 1957- 1958 there was a Separatist movement in Nagaland which causes the violence and the situation was out of control on the hands of the state to stop the violence in North-eastern states, ASPA was introduced in which armed forces were deployed in disturbed areas to maintain the public order.

Section 3 of ASPA gives powers to the government to declare any part of the country as a disturbed area. And gives powers to the armed forces to use their powers in disturbed areas.

4) National Security Act 1980 – It is the reflection of PDA and MISA. In recent times in the period of lockdown four people got arrested under the NSA charges because they were throwing stones on to the health workers. As in PDA, it gives the power to detain or contain in order to prevent future crimes.

In NSA it gives powers to the central and state government to arrest any person in order to establish national security or national interest. The maximum period of confinement in the NSA is 12 months.

In NSA, if anyone is detained he or she  is denied of his or her basic rights like right to be informed and legal aid.

5) Terrorist and disruptive activities act (1985-1995) – To control separatist activities and especially terrorist activities in Punjab. It overrides the provisions of the criminal procedure code and the Constitution.

* Many new criminal offenses were made.

* Increment in the powers of police officers.

* Reduced the safeguards of the arrested person.

If anyone gives confession in front of the police it was considered Admissible in the court. Due to this, the cases of abuse and torture have been raised.

So after this, the sunset clause of this act has been used and in 1995 this act has lapsed.

6) Prevention of terrorism act 2001 – In this act, any suspect can be detained for six months. The objective of this act is the same as of TADA. And the problems which were in the TADA were also present in this act like excessive powers of police, evidence admissible, etc.

Allegation on the POTA is that political parties fulfilling their vendetta misusing the power of POTA. So using the sunset clause of this act POTA was lapsed.

7) National investigation agency act (2008 & 2019 amendment) – After the Mumbai terror attack, the NIA bill was passed in 2008 for creating a central agency to look into the matter of terror attack in the country. This agency was created to look into the matters which disturbed the sovereignty, integrity, and security of the state and also against atomic and nuclear facilities.

The recent amendment included some effects into the act:-

Human trafficking, offenses related to counterfeit currency or banknotes, manufacturing and sale of Prohibited arms, cyber terrorism, and offenses under the explosive substance act 1908.

8) Unlawful Activities and prevention act (1967) – Unlawful Activities (Prevention) Act is an Indian law aimed at effective prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.

Latest Amendment for 2019: The Act altered Sec 35, 36, and provided power to the government to declare the individual as a terrorist under Schedule IV of the Act. It also provided power to DG of NIA for the seizure of property in sec 25 and investigation by the rank of an inspector under sec 43.

Conclusion

Many acts and laws were passed earlier to tackle the problems of that time. But after this many acts were lapsed by the sunset clause because they were irrelevant and now endangers or threatens the rights of the citizens. If issues such as these were not managed effectively, national security policies and actions may become ineffective and counterproductive.

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This case analysis has been written by Shubham Khandelwal am currently pursuing BBA.LLB from FIMT, IP University. Picture credits to snih.org

CITATION:

AIR 2014 SC 1863

COURT:

Supreme Court of India

JUDGES:

K S Radhakrishnan and AK Sikri

Introduction

Public Legal Services Authority v. Association of India is a milestone choice by the Supreme Court of India, which proclaimed transsexuals the ‘third sex’, avowed that the central rights allowed under the Constitution of India will be similarly pertinent to them, and gave them the privilege to self-ID of their sex as male, female or third sexual orientation. This judgment has been recognized as a significant advance towards sexual orientation correspondence in India. Moreover, the court likewise held that since transsexuals were treated as socially and monetarily in reverse classes, they will be allowed reservations in admissions to instructive establishments and occupations.

Facts

This case was recorded by the national legal services authority of India (nalsa) to legitimately perceive people who fall outside the male/female sexual orientation parallel, including people who distinguish as “third sex”.

Parties

The National Legal Services Authority of India (NALSA) was an essential solicitor. It had been established with the essential goal of giving free lawful guide administrations to the impeded areas of Indian society. Different solicitors in the issue were the Poojya Mata Nasib Kaur Ji Women Welfare Society, an enlisted society and NGO, and Laxmi Narayan Tripathy, a prestigious Hijra dissident.

Bench

The case was heard under the watchful eye of a two-judge seat of the supreme court, made out of justice K.S Panicker Radhakrishnan and justice Arjan Kumar Sikri. Justice Radhakrishnan had worked as a standing counsel for various instructive and social associations and held arrangements in the high courts of Kerala, Jammu and Kashmir, and Gujarat before his rise to the supreme court. Justice Sikri started legitimate practice in Delhi, having some expertise in constitutional cases, labor and service matters, and arbitration matters. Preceding his height to the supreme court, he held arrangements in the Delhi high court and Punjab and Haryana high court.

Issues and Decision

The court needed to choose whether people who fall outside the male/female sexual orientation twofold can be lawfully perceived as “third sex” people. It pondered on in the case of ignoring non-paired sexual orientation personalities is a penetrate of essential rights ensured by the constitution of India. It alluded to a “specialist committee on issues relating to transgender” comprised under the ministry of social justice and empowerment to build up its judgment. This was a milestone choice where the pinnacle court lawfully perceived “third sexual orientation”/transsexual people unexpectedly and talked about “sex personality” finally. The court perceived that third sexual orientation people were qualified for central rights under the constitution and under international law. Further, it guided state governments to create systems to understand the privileges of “third sex”/transsexual people.

Fundamental Rights

The court deciphered ‘nobility’ under article 21 of the constitution to remember decent variety for self-articulation, which permitted an individual to have a stately existence. It put one’s sexual orientation character inside the structure of the basic right to respect under article 21. Further, it noticed that the privilege of uniformity (article 14 of the constitution) and opportunity of articulation (article 19(1) (a)) was surrounded in sexually unbiased terms (“all people”). Therefore, the privilege to balance and opportunity of articulation would stretch out to transsexual people. It caused to notice the way that transsexual people were dependent upon “outrageous separation in all circles of society” which was an infringement of their entitlement to uniformity. Further, it incorporated the option to communicate one’s sexual orientation “through dress, words, activity, or conduct” under the ambit of the opportunity of articulation. Under articles 15 and 16, separation on the ground of “sex” is unequivocally disallowed. The court held that “sex” here doesn’t just allude to natural credits, (for example, chromosomes, genitalia, and optional sexual attributes) yet additionally incorporates “sex” (in light of one’s self-recognition). Accordingly, the court held that segregation on the ground of “sex” remembered separation for the premise of sexual orientation character. Accordingly, the court held that transsexual people were qualified for central rights under articles 14, 15, 16, 19(1) (a), and 21 of the constitution. Further, the court additionally alluded to center global common liberties arrangements and the Yogyakarta principles to perceive transsexual people’s basic freedoms.

Judgment

• The Court has guided Centre and State Governments to allow legitimate acknowledgment of sexual orientation personality whether it be male, female or third-sex:
• Legitimate Recognition for the Third Gender: In perceiving the third sexual orientation classification, the Court perceived that key rights are accessible to the third sex in a similar way as they are to guys and females. Further, non-acknowledgment of the third sex in both lawbreakers and common resolutions, for example, those identifying with marriage, appropriation, separate, and so on is oppressive to the transsexual.
• Legitimate Recognition for Persons progressing inside male/female parallel: As for how the real methodology of acknowledgment will occur, the Court just expresses that they like to follow the mind of the individual and utilize the “Mental Test’ instead of the ‘Organic Test.’ They likewise announce that demanding Sex Reassignment Surgery (SRS) as a condition for changing one’s sexual orientation is illicit.
• General Health and Sanitation: Centre and State Governments have been coordinated to take legitimate measures to give clinical consideration to transsexuals in medical clinics and give them separate public latrines and different offices. Further, they have been coordinated to work separate HIV/Siro-reconnaissance measures for transsexuals.
• Financial Rights: Centre and State Governments have been approached to give the network different social government assistance plans and to regard the network as socially and monetarily in reverse classes. They have additionally been approached to broaden reservations in instructive establishments and for public arrangements.
• Disgrace and Public Awareness: These are the broadest headings – Centre and State Governments were approached to find a way to make public attention to more readily help consolidate transsexuals into society and end treatment as untouchables; take measures to recapture their regard and spot in the public eye; and truly address the issues, for example, dread, disgrace, sexual orientation dysphoria, social weight, melancholy, self-destructive inclinations, and social shame.
• The Court noticed that these assertions are to be perused considering the Ministry of Social Justice and Empowerment Expert Committee Report on issues identifying with transsexuals.

Directions to Central Government

The Court held that public mindfulness programs were needed to handle disgrace against the transsexual network. It likewise guided the Central and State Governments to make a few strides for the headway of the transsexual network, including Making arrangements for lawful acknowledgment of “third sexual orientation” in all reports Perceiving third sexual orientation people as a “socially and instructively in the reverse class of residents”, qualified for reservations in instructive organizations and public work. Finding a way to outline social government assistance plans for the network.

1. Award legitimate acknowledgment of their sex personality, for example, male, female, or as third sexual orientation.
2. Find a way to regard them as socially and instructively in reverse classes of residents and broaden a wide range of reservation in instances of confirmation in instructive foundations and for public arrangements.
3. Work separate HIV Siro-surveillance Centers since Hijras/Transgenders face a few sexual medical problems.
4. Truly address the issues being looked by Hijras/Transgenders, for example, dread, disgrace, sexual orientation dysphoria, social weight, despondency, self-destructive inclinations, social shame, and so on and any demand for SRS for pronouncing one’s sex is indecent and unlawful.
5. Take legitimate measures to give clinical consideration to TGs in the clinics and give them separate public latrines and different offices.
6. Make strides for surrounding different social government assistance plans for their advancement.
7. Find a way to make public mindfulness so TGs will feel that they are likewise a vital part of the public activity and be not treated as untouchables.
8. Take measures to recapture their regard and spot in the general public which once they delighted in our social and public activity.

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This article has been written by Navneet Chandra. Picture credits to WordPress.com

Introduction

Competition means economic rivalry between entities or companies, to draw the highest number of consumers and earn the most profit. Competition law is also called in some countries as Antitrust law. Free and fair competition is essential for creating and maintaining an environment conducive to business and a prosperous country. The objective of all competition laws, around the world is to ensure an environment where all companies compete fairly. The first act introduced in India for regulation of competition was Monopolies and Restrictive Trade Practices Act, 1969. When the Act was found to be inadequate, a new act called the Competition Act, 2002 was introduced.

History

Raghavan Committee in 1999 recommended that a new legislation should be framed for competition law for the country, because although the MRTP Act had provisions relating to anti-competitive practices, it was found to be inadequate in comparison to other countries, for encouraging competition in the industry and also for reduction of anti-competitive practices.

About the Act

The object of this Act is to create an environment that promotes competition and safeguard the independence to do business. The Act states in its Objects and Reasons that because of globalization, India has opened up its economy to the world, removed restrictions and controls and liberalized the economy. The preamble provides for the establishment of a Commission to prevent practices having adverse effect on competition and also promotion of and sustenance of competition in markets. The aim is to protect the interest of the public. The domination of a firm is decided on the basis of firm’s structure. The act is punitive in character. It seeks to promote competition.

Evolution and Development of Competition Law in India

India adopted its first competition law way back in 1969 in the form of Monopolies and Restrictive Trade Practices Act (MRTP). The Monopolies and Restrictive Trade Practices Bill was introduced in the Parliament in the year 1967 and the same was referred to the Joint Select Committee. The MRTP Act, 1969 came into force, with effect from, 1 June, 1970. However, with the changing nature of business, market, economy on the whole within and outside India, there was felt a necessity to replace the obsolete law by the new competition law and hence the MRTP Act was replaced with the Competition Act of 2002.

The enactment of MRTP Act, 1969 was based on the socio – economic philosophy enshrined in the Directive Principles of State Policy contained in the Constitution of India. The MRTP Act, 1969 underwent amendments in 1974, 1980, 1982, 1984, 1986, 1988 and 1991. The amendments introduced in the year 1982 and 1984 were based on the recommendations of the Sachar Committee, which was constituted by the Govt. of India under the Chairmanship of Justice Rajinder Sachar in the year 1977.

The Sachar Committee pointed out that advertisements and sales promotions having become well established modes of modern business techniques, representations through such advertisements to the consumer should not become deceptive. The Committee also noted that fictitious bargain was another common form of deception and many devices were used to lure buyers into believing that they were getting something for nothing or at a nominal value for their money. The Committee recommended that an obligation is to be cast on the seller to speak the truth when he advertises and also to avoid half-truth, the purpose being preventing false or misleading advertisements.

However, as the times changed, the need was felt for a new competition law. With introduction of new economic policy and opening up of the Indian market to the world, there was a need to shift focus from curbing monopolies to promoting competition in the Indian market.

In October 1999, the Government of India constituted a High Level Committee under the Chairmanship of Mr. SVS Raghavan [‘Raghavan Committee’]to advise a modern competition law for the country in line with international developments and to suggest legislative framework, which may entail a new law or suitable amendments in the MRTP Act, 1969. The Raghavan Committee presented its report to the Government in May 2000.

The committee inter alia noted: In conditions of effective competition, rivals have equal opportunities to compete for business on the basis and quality of their outputs, and resource deployment follows market success in meeting consumers’ demand at the lowest possible cost.

On the basis of the recommendations of the Raghavan Committee, a draft competition law was prepared and presented in November 2000 to the Government and the Competition Bill was introduced in the Parliament, which referred the Bill to its Standing Committee. After considering the recommendations of the Standing Committee, the Parliament passed December 2002 the Competition Act, 2002. Hence, the Monopolies and Restrictive Trade Practices Act, 1969 [MRTP Act] was repealed and was replaced by the Competition Act, 2002, with effect from 1 September, 2009.

Conclusion

India and the world were going through a new phase of globalisation, liberalisation and privatisation and these changing times were bringing newer challenges and the existing MRTP Act had become obsolete in the modern era. Hence the new Competition Act came into being in order to suit the need of the hour. The new act is based on the regulation of conduct or behaviour of the players in the market and is result oriented rather than being procedure oriented like the MRTP Act.

Further its main purpose is to protect and promote competition in the market. Competition is very essential as it benefits: the Consumers as they get wider choice of goods and services, better quality and improved value for money; it benefits the Businesses as a level playing field is created and a redressal of anti-competitive practices is available, the inputs are competitive priced, they tend to have greater productivity and ability to compete in global markets and finally it also benefits the state as there is optimal realisation from sale of assets and there is enhanced availability of resources for social sector.

Thus, by protecting competition in the market the competition law helps benefit all the players in the market which in turn is beneficial for the economy as a whole.

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A 19 year old woman in a village in UP’s Hathras district was brutally gang-raped by 4 men when she was collecting fodder for her cattle on September 14. The victim, who was initially admitted to a local hospital in Hathras, was shifted for further treatment to Delhi’s Safdarjung Hospital. She succumbed to her injuries on Tuesday, September 29. 4 persons have been arrested by the police in this case.

Amid huge protests outside the hospital demanding justice for the deceased woman, her body was brought to the village by the police at around 1 am on Wednesday. In an official statement, the Hathras Police refunded the notion that the body was forcefully cremated in the dead of the night without conducting the final rites. However, the victim family claimed that its requested for the body to be taken to the house and carrying out the cremation after sunrise was turned down by the police.

Meanwhile the UP CM spoke to the family of the Hathras gang rape victim via videoconferencing. Her kin will be given Rs. 25 lakh as ex-gratia and a house. Also, one family member will get a government jog. A three member SIT has been formed to probe the case, which will be heard in the fast track court.

A plea was moved in the Supreme Court on Wednesday seeking directions for handing over to the CBI or a special Investigation team. The plea filed by a social activist Satyama dubey sought transfer to the probe to the CBI or SIT under the sitting or the retired judges of the top court or the high court.

It sought to transfer the case from UP to Delhi for trial, alleging that the state authorities had failed to take any action against accused people who first raped an innocent woma belonging to Schedule Caste community and thereafter brutally assaulted her.

The plea said that as per the media/medical report the victim’s tongue was chopped and her neck bone and back bone were also broken by the accused persons. “The petitioner no. 1 is a Social activist and also a female being aggrieved aginst injustice done to females and no action has been taken by the concerned authorities even in this present scenario the dead body of the deceased had been buries by the Police personnel which is a grave injustice against family persons of the deceased…” the plea said.

The petition claimed that the police had said that the cremation was being carried out “as per the wishes of the family” which is not true as the police personnel have themselves cremated the dead body of the deceased and even media media personnel were barred from reporting it.

“The petitioner herein is demanding justice for the victim for the brutal attack,rape and murder of the victim,” the plea said.

The Apex Court on Thursday, dismissed the appeal against the judgement of the High Court sentencing the appellants to life imprisonment along with fine and a default stipulation. The appellants were convicted under Section 302/34 of the Indian Penal Code. The bench consisted Justice R.F Nariman, Navin Sinha and Indira Banerjee.

The crime was committed when the two deceased, Abdul Motin and Abdul Barek were returning from the market on bicycles along with others on 5.08.2005 at about 6:00 PM. Abdul Barek died on spot, Abdul Motin died in the hospital during the course of treatment the same night. Originally there were five named accused persons. Accused nos.3 and 5 were acquitted giving them benefit of doubt and no information regarding the appeal against their acquittal was given.

After hearing both the parties and considering all the witnesses the Court observed:

• No reason could be deduced so as to grant appellant no.2 and 3 acquittal on any benefit of doubt or parity with the acquitted accused, merely because no appeal has been preferred as the witnesses clearly states out that they have witnessed them to be involved in committing assault on defendants.
• Considering the facts, the Court opined that appellant no.1 had a common intention as well, as he wait along with the other appellants who were armed. He even stopped the two deceased who were returning from the market. The assault commenced after the deceased had halted. The Court referred to the Section 34 of the IPC and stated,

The Court referred to the cases of Ramaswami Avyangar v. State of T.N. (1976) 3 SCC 779, Nandu V. State of Bihar (2002) 8 SCC 9, Surender Chauhan v. State of Madhya Pradesh (2000) 4SCC 110 and Nand Kishore v. State of Madhya Pradesh (2011) 12SCC 120, in regard to the common intention. Hence, the Court dismissed the appeal and said that no further evidence is required with regard to existence of common intention in appellant no.1 to commit the offence in question.

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About the College

The Late Shri Annasaheb Vaze and his sons established the Kelkar Education Trust in 1979. This charitable Trust aims to reach out to all, irrespective of their standing in society, without any discrimination. The V. G. Vaze College is a multi-faculty institution established in 1984 by the trust.

Vaze College is the first NAAC accredited college in the State of Maharashtra with top ‘Five Star’ ranking and was re-accredited in the second cycle with ‘A’ Grade in 2005 as well as in the third cycle in 2012. Our Junior College is awarded with ‘A’ Grade by the Maharashtra State Board of Secondary & Higher Secondary Education.

About Vaze MUN

Vaze Model United Nations was established in the year 2017 by the then 12th Grade students who wished to bring about change in our college. They wanted to give something back to the college that was shaping them to become the leaders of tomorrow. Hence developing a cycle that accelerated their curiosity to learn and explore more about politics and international relations. Vaze MUN has expanded tremendously ever since, and now we are back with our fourth edition.

A conference organized by the Junior College students for the students of all age groups, we at Vaze MUN aim to become one of the finest conferences in the city which will give a platform to everyone to open new doors for themselves and rise up to their fullest potential. We believe that learning and gaining knowledge is an endless process. Keeping in mind the aims and vision of the founding members we wish to diversify the Vaze MUN legacy.

Conference Dates: 31st October 2020 and 1st November 2020

Eligibility: No specific age group

Committees and Agenda

• United Nations Security Council: The situation on the Middle East, including the Palestinian Question.

• United Nations Human Rights Council: The human rights violation faced by ethnic minorities with special emphasis to Uighur Muslims.
• United Nations Women: Digital violence against women and it’s effect on mental health.
• Organization for Security and Co-operation in Europe: Enhancing the implementation of the OSCE Code of Conduct on politico-military aspects of security.
• International Press.

Cash Prizes

• Best Delegate: INR 4000/-

• High Commendation: INR 2500/-
• Special Mention: INR 1500/-
• Best Reporter: INR 3000/-
• Best Campus Ambassador: INR 3000/-
• Cash Prizes worth: INR 38,000/-

Registration Details

Registration Fees: INR 400/-

Contact Details

Sejal Dalvi: +91 76780 90103

CLICK HERE TO REGISTER.

CLICK HERE FOR THE WEBSITE.