#lawstudent – Page 73

The article is written by ADV. ZUBA PARVEZ BUBERE

Introduction:

The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969 was primarily enacted to control the formation of monopolies, prevent economic assemblage of power in the hands of few, and prohibit monopolistic and restrictive trade practices. Over time, the provisions of the Act were seen to have turned obsolete in the era of cut-throat competition between the players in the marketplace. In other terms, the MRTP Act fell short in safeguarding the general consumer interest and ensuring fair competition in the market. Thereafter, the Competition Act, 2002 replaced the MRTP Act, 1969 intending to encourage healthy competition amongst the players besides prohibiting anti-competitive agreements, abuse of dominant position, and regulation of acquisitions, mergers, and amalgamations. The CCI, under the Act, sought to regulate two kinds of agreements viz. anti-competitive agreements between the competitors (also known as “horizontal agreements”) and anti-competitive agreements amongst persons placed at different levels of the production/ supply chain ((also known as “vertical agreements”).

Since its inception, the governing Act along with the functioning of the CCI has been challenged at timely intervals. The major issues as regards the effectiveness of competition laws relate to its ability to tackle the abuse of dominant position by the major players in the market, formation, and operation of cartels, and the potential of penalizing laws to punish the offenders. The absence of effective anti-competitive agreements paves the way for the dominant entities to rule the market thereby forcing other competitors to function just like puppets. These dominant firms interrupt competition and seek to enrich themselves at the cost of general consumer welfare.

Analysis Of Study:

As regards the first issue, several reports indicate that various sectors in the Indian economy have witnessed a reduction in the number of dominant players while the proportion of market share as held by them has increased considerably. For instance, as per the statistics sourced from the Annual Reports of the CCI, in the year 2010, 39.13% of the firms in the Indian market were marked as being in the dominant position while the market cap in the respective industry remained 80.48. The corresponding figure in 2018 was 38.8% while in the year 2020 fell to 16.48%. On the other hand, the market cap in the respective industry remained 84.25 in 2018 and 89.33 in 2020.

Since the CCI came into existence in March 2019, 1008 cases have been marked as “antitrust matters”. While 20% of those matters related to the real estate sector, around 10% were linked to the automobile industry. In 2017-2018, 68 cases were registered as anti-competitive agreements and abuse of dominant position by the major participants in the market. Expressly, the consolidation of powers in the hands of the few can result in serious repercussions to be faced by the entire industry.

This is a grave concern as far as the Internet is concerned since quantification of these risks is a challenging task in itself and some of them are either listed on stock exchanges of countries abroad or are unlisted private entities. An instance that is worth mentioning is the Jio-Facebook merger which can have humongous effects on the Indian economy. Concerning the alliance of Jio with other entities such as Intel and Google, some of the experts are of the view that Jio could emerge as a giant international player rolling several companies into its sphere. While Facebook and Google account for 68% of the digital ad revenue in the Indian scenario, Flipkart and Amazon contributed to around 90% of the business in the E-commerce industry in October 2019. Though such mergers bring in short-term benefits for the consumers, nothing can be commented on as far as the long-term repercussions are concerned.

As regards cartels, they operate to aggrandize themselves by embracing unhealthy competitive plans and policies. Cartels usually enter into four kinds of agreements viz. price-fixing agreements, market-sharing agreements, bid-rigging agreements, and agreements to control the production/ supply in the market. Those competitors who do not form a part of the cartel feel isolated and find it challenging to survive and grow in the market.

Export cartels form an exception i.e. as long as it does not create any anti-competitive effect in the domestic markets and those seeking IP Protection in the form of patent pooling, tie-in agreements, etc. Foreign Direct Investment may acquire domestic firms and entities in the market-leading to a concentration of powers in the hands of a small group transforming them into dominant players in the respective sector. A single instance of such acquisition may not result in any notable impact on the competition. Perhaps, when there are numerous occurrences of a similar nature, it can potentially damage fair and free trade especially if the exporter is a major player in the market. On the other hand, instances of patent cross-licensing schemes have resulted in the formation of cartels. Therefore, the activities of those competitors availing or attempting to avail the benefits of these exceptions are required to be carefully monitored.

As regards the third issue, post a thorough investigation of the registered cases under its banner, the CCI imposed penalties of approximately Rs. 357 crores on the defaulting offenders. Since most of those cases were challenged in appeals before the higher authorities, only as much as approximately 1.4 crores could be realized. To put it another way, most of the time, the offenders attempt to get away with their ill-conduct by taking advantage of the long-drawn litigation process, leaving behind possibly no scope for the CCI to initiate strong measures against them. This, in a manner, could be said to be a failure of the penalizing powers of the Commission.

There is a need to direct efforts towards educating the larger population about competition laws. It is only when a majority of the population is educated, will they turn intolerant towards the unfair business policies and place their opinions and demands forcefully.

Conclusion:

Though the CCI has succeeded in attaining its objectives up to a definite level, it has still failed in addressing certain loopholes and ambiguities. The biggest loophole in the performance of the CCI can undoubtedly be stated as the inability of the said Commission to enforce strong measures against anti-competitive agreements and taxing the defaulting offenders. The CCI derives its authority from the Competition Act, 2002. However, the Act doesn’t confer ample power on the concerned authority to out master the unfair tricks and means adopted by some. For instance, the Act states that the CCI has the liberty to grant some leeway by way of contributing to economic development. This ground can be used by the major players as an opportunity to justify their anti-competitive practices in the name of development.

Some of the most challenging scenarios that the CCI may have to deal with in the future are related to industries such as the telecom, internet, etc. The key distinguishing feature that compliments the two markets is the “network effects”. These sectors may comprise contestants who can establish themselves as being in the dominant position and dictate terms of trade and business in pursuance to the network effects, thereby abusing the said positions and disturbing the smooth flow of activities. The CCI must actively look into the terms of mergers and negotiations contracts. To address issues falling in the said sectors and ensure healthy competition in the respective industries, persons of specialist knowledge and practical experience in the said fields besides possessing the ability to comprehend modern industrial economics will have to be employed.

Anti-competitive practices impose negative consequences on consumers due to their higher prices and restricted supply. Staunch alliances injure consumer interest both in developed as well as developing countries. With the creative minds working towards malicious motives, the CCI needs to pull up its socks and be ready to come to the rescue of innocent consumers.

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The article is written by Sanjana Suman, a student of Amity Law School, Amity University Jharkhand, Ranchi.

Case Number

Appeal (civil) 822 of 1966

Equivalent Citations

1970 AIR 833, 1969 SCR (2) 240

Bench

Sikri, S.M.

Date of Judgement

27/09/1968

Relevant Act/ Section

Indian Arbitration Act (10 of 1940)

Indian Registration Act (16 of 1908), Sec 17(1)(b)

Facts of the case and Judgement

All that had to be seen for s. 17(1)(b) of the Registration Act was whether the award in question purports or operates to create, declare, assign, limit, or extinguish any right, title, or interest to or in immovable property, whether vested or contingent, of the value of one hundred rupees and upwards, whether now or in the future.

252 and Sardooll Singh v. Hari Singh I.L.R.

An arbitrator appointed by the appellants and respondent partitioned their immovable property exceeding the value of Rs.100.

The award required registration.

Samarath Bai, [1960] 2 S.C.R.

The arbitrator requested that the award be made a rule of the court under section 14 of the Indian Arbitration Act, 1940.

Say that the created right cannot be enforced without additional steps.

If an award has an impact on immovable property, a value of Rs. 100 should be ordered.

HELD per Full Court on the issue of whether the award was admissible in evidence because it was not registered.)

Chamanlal Girdhat Ghanchi v. Dhayabhai Nathubhai Ghandi A.I.R.

100 its registration does get rid of the disability created by s. 49 of the Registration Act.

816 and Kashinathsa Yamosa Kabadi v. Narsingsa Baskarsa Kabadi, [1961] 3 S.C.R.

After an award is made, no further action on the initial claim that was the subject of the reference can be taken. Prabhu Chand would not receive a title on the reward unless he had registered paperwork, and Sheonarain’s title would remain in the shop.”

Satish Jatindar Rakesh Chand Kaka Surinder Kumar is an Indian businessman. Kumar Kumar (Minor) Smt Nirmal Kanda (Resp. Rani) Reap Lajya Devi Reap Lajya Devi

As a result, in the same controversy, there may be not just one but several registrations for the same title, a circumstance that the Registration Act does not even contemplate.”

According to Section 17(1)(b) of the Registration Act, all that is required is that the award in question purports or operate to create or declare, assign, limit, or extinguish, whether in present or future, any right, title, or interest to or in immovable property worth one hundred rupees or more.

C1/69—17 of the answers given by the Patna Full Bench in Sheo Narain Lal v. Prabhu Chand(1) held that such awards did not need to be registered, but the case was determined on the question of whether the award in question in that instance intended or operated to establish a right, title, or interest worth more than Rs. 100.

Issues before the Court

The issue before us is whether an award made under the Act on a private reference needs registration under section 17(1)(b) of the Indian Registration Act if it affects the division of immovable property worth more than Rs. 100.
The claim that the award needed registration and that the arbitrators would not submit it until it was registered is also without merit.

The decision of the Court

The case was then appealed to the High Court. According to Capoor, J., the award affected a partition and required registration under section 17(1)(b) of the Indian Registration Act, 1908. The learned Judge disagreed with the decision of the Patna High Court’s Full Bench in Seonarain Lal v. Prabhu Chand, preferring to follow the views expressed by the Bombay High Court in Chimanlal Girdhar Ghanchi v. Dahyabhai Nathubhai Gandhi, the Nagpur High Court in M.A. M. Salamullah Khan v.M. Noorullah Khan, and the Rangoon and by the Calcutta High Court in Nani Bela Saha v. Ram Gopal Saha.

The judgment of the Patna High Court was, however, eventually followed by a Full Bench of the Punjab and Haryana High Court in Sardool Singh v. Hari Singh, ruling, dated November 8, 1966.
The Punjab Full Bench added two more reasons: “Even though an award is registered, it remains a waste paper unless it is made a rule of the Court.” As a result, registration has no bearing on its effectiveness or competence. Section 32 of the I.L.R. 37 Pat.252. The 248 Arbitration Act is specific in that no right can be established on an award as such after the 1940 Arbitration Act comes into force; it is not argued and could not be that the Court has the jurisdiction, under section 16, to remit the award from time to time. If the registration of an award is required before it can be made a rule of the Court under section 17, then every time an award is remitted and a new award is made, the new award must be registered. As a result, in the same controversy, there could be not one but several registrations for the same title, a situation that the Registration Act does not even contemplate.”

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The present article has been written by Aanya Gupta pursuing BBA LLB from Vivekananda Institute Of
Professional Studies, GGSIPU, New Delhi.

Introduction

“Environment” is a very comprehensive term. It includes several phenomena in its scope. This is a dynamic term that can be used to describe a limited area on one side and the entire planet on the other. The term environment can have different meanings. Different countries and international legal instruments have multiple definitions of this term. Broadly speaking, the environment includes the external conditions, resources, and stimuli with which organisms interact. The preamble of the “United Nations Declaration on the Human Environment” adopted in Stockholm in June 1972 stated:

“Man is both the creator and shaper of the environment. The environment gives him material substance and gives him intellectual, moral, social and spiritual growth. “.

The environment is threatened by various sources of damage, mainly man-made damage. To solve this problem, we must develop strategies to change human behavior and turn it into environmentally friendly practices, away from practices that damage the environment. Broadly speaking, technologies that change human behavior can be divided into two categories: incentives and inhibitions. The law is important because it creates a framework in which incentives and restrictions can play a role. The law is everywhere. Other methods of influencing human behavior are voluntary or optional to some extent. Education, morality, peer and family pressure – all apply to varying degrees. On the other hand, the law cannot be easily circumvented. The law in society applies equally to everyone at all times. This is the axiom of the “rule of law.”

What Is Environmental Law?

Humanity knows a much longer environment than the law to protect the environment. The Environmental Law, or known as methods of environmental and natural resources, explains the regulatory laws, laws and regulations, regional and international laws, protect the environment from harming and explain the legal impact of such damage to the government, is a term Used to explain the treaty. As described in the next section, it covers many areas. However, the term “environmental law” is not only covering government law. In addition, by creating a regulation of business licenses and industry standards, companies and other organizations, and their regulators can also work to improve ethical principles. These are not the “law” but the regulatory framework. It also applies land management methods for a type of understanding of responsibility and ethical action.

Similarly, the impact assessment is not necessarily required, but it can be rejected if development, construction, modification, engineer, or engineer is not carried out. These are not laws made for the environment and the local population, but any regulation. For various reasons, the environmental law was always the nostalgic point of controversy. The heart of the discussion, the need for such regulations, the attractive friction of government regulations and encouraging the carrier of the market, and making things appropriate for all, and the attractive friction of all. For example, continuous discussions on the effects of specific pesticides in agriculture, greenhouse gas emissions are avoiding recoil legislation in the battle between science and full clay-mud government. The opposite of the discussion means that the regulation and the current law of the industry are insufficient. Both sides have a meeting to discuss the aspects of environmental law, and they have how they should change how they have changed their favorably.

In the way we are looking at it, environmental law affects the importance of saving individual health, commercial activities, geographical sustainability, geographical sustainability, and future generations and economies.

When Environmental Laws Were Made?

Some environmental protection laws existed even before the independence of India. However, the real push to implement a robust framework only emerged after the United Nations Conference on the Human Environment (Stockholm, 1972). After the Stockholm Conference, the National Committee for Environmental Policy and Planning was established in the Ministry of Science and Technology in 1972 to establish a regulatory body to deal with environmental issues. Subsequently, the committee evolved into a mature Ministry of Environment and Forests (MoEF).

MoEF was established in 1985 and is now the highest administrative body in the country to oversee and ensure environmental protection and formulate a legal and regulatory framework for it. Since the 1970s, various environmental laws have been promulgated. MoEF and the Pollution Control Committee (“CPCB”, meaning the Central Pollution Control Committee and “SPCBs”, meaning the National Pollution Control Committee) together constitute the core regulatory and administrative department.

Some of the important legislations for environmental protection are as follows:

1)The National Green Tribunal Act, 2010

2)The Air (Prevention and Control of Pollution) Act, 1981

3)The Water (Prevention and Control of Pollution) Act, 1974

4)The Environment Protection Act, 1986

5)The Hazardous Waste Management Regulations, etc.

WHY ARE ENVIRONMENTAL LAWS ARE IMPORTANT?

1) For Health of Current Generations

Medical care is an expensive business, regardless of where it is around the world. During the oldest environmental protection in the world, it is designed to take into account human health. Even today, people who live in the largest area tend to suffer more health problems. It is important to clean environmental air, water, and other aspects to improve your health.

2)For Health of Future Generations

We do not have the good health system of the current generation that we should worry about. Our children and their children, etc., sometimes have an increase in the costs of health, and which leads to a larger case of some situations. Even in countries with social health care, health problems and the cost of carrying out a health system continue to increase. In addition, maintaining an additional generation of expenses is the mission of certain environmental health laws to cause more papers and healthier relaxation problems to guarantee the environment. We are also analyzing new adventive diseases in areas where there have never been cases of existing but controlled, but controlled cases of existing but controlled diseases. It is believed that some of the reasons are an ecological and natural environment that promotes the replication of viruses or the seeds responsible for the duplication of viruses and mosquitoes.

3)Maintaining Resources and Lifestyle

Many methods to maintain resources and lifestyle, environmental laws are a form of future insurance contracts, such as food safety and water, the protection of resources, energy, and ecological equilibrium. Fossil fuel is an exhausted resource, and many metals are finite but may have a potential century. The rights of fishing are one of these problems. In many areas of the world, not only can they harm our supply of food and industry, but can also be confused with the ecological balance of the sea. That is why many countries agreed to fish quotas.

4)For Ecology

Food chains, water cycles, the security of our resources depends on what environment is protected by any environment. Exhaustion and elimination of resources, such as the introduction of invasive species, maintaining damage emissions, etc., and environments can cause long-term problems. We have already raised the depletion of the ice cover and the maritime levels. The dilution of our sea salt can affect the ecological balance of the sea. It also knows that jet streams and vibrations can change with carbon in the atmosphere, resulting in changes in the long-term unstable climate that can cause imbalances elsewhere. Global ecology is a network that exceeds national benefits and borders.

What Is Sustainable Development?

The principle of sustainable development is developed based on the basic assumption of the coexistence of two opposed concepts (ie development and environment). But from a practical point of view, the ecological, economic, and social aspects of sustainability are inseparable. As William Rees pointed out, the maintenance of ecological integrity must take precedence over the realization of human social and economic needs. Therefore, there must be an intersection between ecological and economic factors in the development process. The principle of sustainable development emphasizes two basic needs: one is the need for social and economic development and the other is the need to limit the capacity of the environment to respond to current and future needs.

Sustainable Development Goals

The objectives of Sustainable Development suppress poverty and pollution in 2015, thus protecting the planet, protecting the planet, providing peace and prosperity for the emergence. It is established in a plan to become a blue photo towards a better sustainable future. The three main objectives of sustainable development objectives are

1) economic growth.

2) Protection of the environment.

3) Social inclusion.

Sustainable development objectives have been successful in the content and thousands of applicable development objectives. The previous objective was criticized that it was too narrow in a surface implementation if it is too narrow in implementation. A thousand-year development objective focused on the development of each country and supporting the development of other countries. A recently increasing sustainable development objective was much more in context, providing more complete perspectives and frameworks for development according to the country’s relationship. They are applied more worldwide, resulting in the largest UN program, which provided the company’s foundation.

Conclusion

Undeniably, adhering to sustainable development goals is the need of the hour. It is time that each one of us adopts an ‘energy-efficient and green’ mindset and uses the natural resources available equitably, judiciously, and save them for our future generations, as the best way to predict the future is to create it.

Hence, India needs to hustle towards the attainment of its sustainable development goals through proper planning, coordination, and implementation of practices and policies which aid in the formation and maintenance of a self-sustainable and developed country.

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The present article has been written by Gracy Singh, a 2nd-year student pursuing a BA.LLB (Hons.) from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

Introduction

The term ‘euthanasia’ derives from Greece which means good death. Euthanasia is the practice of ending a patient’s life who is suffering from a painful disease or an irreversible coma. A person is allowed to end their life with the help of medicines prescribed by a physician. Several nations such as the United States, Switzerland, Canada, Netherlands, etc. have legalized this practice and this has led people to move to these countries to free themselves from a terminal illness.

There are different types of Euthanasia some of which are discussed below:-

Active Euthanasia – a patient is killed by injecting a lethal dose of the drug.
Passive Euthanasia – a patient is killed by withholding artificial support like a ventilator.
Voluntary Euthanasia – a patient is killed ended by their consent
Involuntary Euthanasia – a patient is killed without their consent
Mercy Killing – a patient is killed to end the suffering without their explicit consent
Physician-assisted Suicide – a patient is allowed to kill themselves with medications prescribed by the physician.

Indian Perspective

Euthanasia is a very controversial topic in India. IPC provides for the legal status for passive euthanasia and physician-assisted suicide. However, active euthanasia and physician-assisted suicide are still not legal in India. It is an offense under Section 302 or 304 of IPC that states the punishment for murder and culpable homicide not amounting to murder. In 2018, the Supreme Court with a specific guideline, legalized mercy killing for a terminally ill patient. This direction to legalize passive euthanasia in India is derived from International Conventions and foreign decisions. Article 21 of the Constitution of India talks about ‘Right to Life’ but the Right to Die is not given and the state is supposed to aid healthcare for the citizens.

Controversy

Arguments against Euthanasia

Eliminating the invalid – It is argued by the opposers of Euthanasia that people with incurable illnesses will be disposed from our society if we embrace the right to death with dignity. Palliative care (active and compassionate care for the dying) could be provided for the patient and the caregiver that would relieve pain and distressing symptoms.
Constitution of India – Right to Life stated in Article 21 is a natural right and is inconsistent with the concept of the right to die. The state must protect life and a physician’s duty is to provide health care. The State may refuse to provide health care or invest in health if euthanasia is legalized.
Mayfield intention – Euthanasia can be misused by relatives or family members to inherit the property of the patient. Mercy killing would be converted into killing mercy in the hands of medical professionals. Hence, to protect the patient and the medical practitioners from any lawsuits it should not be legalized.
The commercialization of health care – It is argued that if euthanasia is legalized in India, poor, disabled, or elderly people will be left to die or withdrawn from treatment for the sake of money. This condition is still seen in a majority of hospitals where members refuse treatment because of the huge amount of money.

Counterargument of Euthanasia supporters

Right to Die – The supporters of Euthanasia argue that people with incurable or disabling conditions should be given the Right to die so that they can die with dignity.
Encouraging organ transplantation – Euthanasia will provide the opportunity for organ donation to help many patients waiting for transplantation due to organ failure. This will not give the Right to Die to terminally-ill patients but the Right to Life to patients with organ failure.
Refusing Care – Refusing medical treatment can also be regarded as passive euthanasia. For example – A blood cancer patient can refuse treatment or feed through the nasogastric tube.
Caregivers burden – There is a huge burden on the caregiver in financial, emotional, mental, social, and physical domains. The majority of petitions for terminating the life of a person suffering from chronic illness have been filed by the caretaker and the family members. It is uncommon to hear that either the patient or the family members take poison to end this burden.

Case Laws

Gian Kaur v. State of Punjab (1996) SC946

In this case, the Supreme Court said that Article 21 which states Right to Life leaves out Right to Die. The constitutionality of Section 309 under IPC was upheld. The difference between Physical Assisted Suicide and Passive Euthanasia was pointed out in the English case Airdale Case. The English Common Law considered Euthanasia as a criminal act.

The court held that euthanasia and physician-assisted suicide are illegal in India; although the Supreme Court agreed to the concept of English Court yet introduced the right for a terminally-ill patient to die with dignity.

2. Aruna Ramchandra Shanbaug v. Union of India & Ors. (2011)

In this case, the victim was suffering in a persistent vegetative state for more than 36 years. She was a nurse at King Edward Memorial Hospital in Mumbai and was assaulted by a man who immobilized her with a belt that stopped the oxygen supply, damaging her brain functions. The plea was filed for mercy killing but the court rejected it. However, the court recognized the concept of the living will. The Supreme Court legalized Passive Euthanasia as well as issued some guidelines and said that it would be applicable only in rarest of rare cases. The court further said that the right to die does come under the scope of Fundamental Rights and specifies that High Court should approve the request for Passive Euthanasia to make sure there is no minified intention of relatives and friends.

3.Common Cause ( A Regd. Society) v. Union of India (2018)

In this case, a writ petition was filed for recognition of the ‘living will’ of a person and a strong system for passive euthanasia. This case challenged the constitutionality of Section 306 of the Indian Penal Code. The concept of ‘living will’ was recognized by the court as well as the Right to Die with Dignity, the Right to Self-determination, and the Right to Autonomy was recognized as Fundamental Rights.

Conclusion

Euthanasia is a controversial topic. It has given rise to many debates for centuries over the legal implication. There is a need to enact a law to protect terminally ill patients and the medical practitioners who provide care to these patients. Also, poor people suffering from severe health issues can get free access. Euthanasia has many implications like the cost of the procedure, pressure from doctors, mental state of both patient and family members. The medical practitioner should also know the mental status of a person seeking euthanasia. The decision given by the apex court to legalize passive euthanasia is appreciated, however, active euthanasia has not been legalized still.

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The present article has been written by Prateek Chandgothia, a 1^st year BA LLB student at the Rajiv Gandhi National University of Law, Punjab

Introduction

Under the Indian Patents Act, compulsory licensing is defined as decentralizing the rights over a patented commodity and allowing the production or manufacturing of the commodity without obtaining prior permission from the owner of the patent. Various international treaties and agreements have legislated compulsory licensing as a legal course of action in situations where ramping up the production of a commodity are essential within a shorter period of time.

Laws Governing Compulsory Licensing

Chapter XVI (Section 84-92) of the Indian Patents Act of 1970 lays down the provision of compulsory licensing of patents. Section 84 of the Act lays down the following –

“At any time after the expiration of three years from the date of the [grant] of a patent, any person interested may make an application to the Controller for grant of compulsory license on patent on any of the following grounds, namely: –

that the reasonable requirements of the public concerning the patented invention have not been satisfied, or
that the patented invention is not available to the public at a reasonably affordable price, or
that the patented invention does not work in the territory of India.”

2. Special Granting of Compulsory Licenses

In addition to the essentials of granting compulsory licensing, Section 92 of the India Patents Act of 1970 allows special powers vested unto the central government to grant compulsory licensing –

“If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or circumstances of extreme urgency or case of public non-commercial use, that compulsory licenses must be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the Official Gazette.” Moreover, Section 100 of the Act allows the usage of Patented inventions for government purposes.

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement furthered the emergency granting of compulsory licensing in 1994. Before the TRIPS agreement, India singularly allowed compulsory licensing only for process patents and not product patents which allowed companies to only reverse-engineer the patented products. However, the TRIPS agreement facilitated flexibility in terms of granting compulsory licensing by the government of different countries. Article 31 of the agreement deals with the right of granting compulsory licenses. These flexibilities were clarified by the Doha Declaration of 2001. Clause 5(C) of the declaration clearly recognizes the flexibility that “each member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency, it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency.”

Apart from these provisions and legal agreements, a fairly related case law was laid down in the case of Natco Pharma Ltd. v. Bayer Corporation, wherein the Intellectual Property Appellate Board upheld the decision granting a compulsory license of a life-saving drug for liver or kidney cancer, Nexavar, which was sold by Bayer at an exorbitant cost of Rs. 9 lakhs. Natco Pharma Ltd. offered to manufacture the same drug for Rs 9000. It was held that various international conventions and Indian laws allowed the member countries to grant such compulsory licenses to make medicine cheaply available to the public. The same was reiterated in the Suo Motu Covid-19 Case hearing taken up by the Hon’ble Supreme Court of India recently.

Patent Rights or Access to Essential Medicine?

There has been a long-standing debate on the issue of whether or not, protection of Patent Rights be given priority over the public access to essential and affordable medicine. While the giants of the pharmaceutical industry have constantly argued in favor of prioritizing the protection of patent rights, the governments of various countries have been in the favour of providing public access to essential and affordable medicine.

A major argument from the side of the Pharma giants has been along the lines of costs of R&D in the development of a ground-breaking invention being the reason for the skyrocketing prices of the drugs. They also argue that excess granting of compulsory licenses stifles innovation in the long run by reducing the period of protection of patent rights. On the flip side, the governments have argued that it is evident that the prices set by the Pharma corporates are highly profit-driven and are solely made to generate increased revenues through sales of the drug rather than accessibility. Therefore, an extension of the period of protected patent rights will only contribute towards increasing the profits of these corporations. Moreover, evidence shows that the level of pharmaceutical patent protection, especially in developing nations, is irrelevant in spurring innovation.

This debate has significantly thrived in the context of the developing nations wherein the income inequalities infest the society at large and directly affect the larger public access to essential medicines in event of skyrocketing prices set by various Pharma Corporates. According to the MDG Gap Task Force Report of 2012, the average availability of essential medicines across the world is an abysmal 51.8 percent in public sector health facilities. This indicates a rather worrying circumstance regarding access to essential medicine.

The classic rationale for allowing compulsory licensing is that public welfare, and particularly health, in the immediate term outweighs the long-term objective of encouraging innovation.24 While this does not, in any manner, indicate an absolute sacrifice of innovation, the pressing nature of public health can necessitate a compromise, placing innovation at a lower priority. Pharmaceutical companies argue precisely against such a compromise. The dealing with this power struggle has varied across different countries. While countries like Brazil have effectively used the provisions of TRIPS for granting compulsory licenses, as a tool to threaten the Pharma Corporates to lower the prices of essential drugs, certain developed countries have argued against this increased practice of granting compulsory licenses and have sided with the Pharma Corporates instead.

Conclusion

Given the current Covid-19 Pandemic, compulsory licensing of the Covid vaccines is a necessary step towards ensuring fair and affordable access, especially in the Indian Context. The income disparities in India have been at an all-time high as a result of continuous complete lockdowns, increasing unemployment, and poverty. With a population as large as 1.35 billion people, it is essential to ramp up production and supply of the covid vaccine as herd immunity remains a distant reality. Considering the deadly second wave, nationwide and the state-wide lockdown has not resulted in avoiding the resurgence of covid infections and has only facilitated the deferment of the same. Therefore, it is evidently concluded that an efficient and quick-paced vaccination drive is an integral component to ensure victory in the fight against this deadly pathogen.

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The present article has been written by Aanya Gupta, pursuing BBA LLB from Vivekananda Institute of professional studies, GGSIPU , New Delhi

Introduction

The Indian Constitution deals with justice, freedom, equality, integrity, and dignity. The concept of justice depends on the interpretation of the constitution. The Constitution stipulates justice, namely social justice, economic justice, and legal justice, which are an integral part of the theory of distributive justice. The phenomenon of “distributive justice” is based on two important points: first, fair distribution is not only about resources and materials, but also rights, obligations, and responsibilities; secondly, justice is a phenomenon, not only for the people, who govern but also for those who govern. People who govern themselves. Article 14 and Article 21 of the Indian Constitution respectively mention “all people are equal before the law” and “the right to live with dignity”. This is the soul of constitutional governance; the constitution has the upper hand because it gives the people identity. Identity in society is everything to justice; we demand our identity, not just for justice. Many philosophers offer different concepts of justice. It cannot be said that the Constitution of India is based on one theory, but is the result of all jurisprudential theories. It requires real efforts for society, the individual, the law, the economy, and general development.

Justice is simple, but the world is complicated, so the application of justice in the world contains some complicated things. 2 When we consider questions of economic and social policy, justice will guide citizens to reflect. According to Amartya Sen in his book “The Concept of Justice”, the doctrine of political economy must include an explanation of the public interest based on the concept of justice. The theory of justice that can be used as a basis for practical reasoning must include methods for judging how to reduce injustice and promote justice, rather than merely aiming to describe a completely just society and practice as many of its main characteristics. theory. Justice in contemporary political philosophy. Justice is not a matter of reasoning at all; it is about being appropriately sensitive and having a proper sense of smell for injustice. The requirements of the theory of justice include playing a rational role in the diagnosis of justice and injustice. Faced with different theories of justice, the eternal dilemma is to find a tangled balance measure suitable for the ever-changing human affairs. The problem lies in the relationship between “justice” and “injustice”; what if the second is only the absence of the first?

Principle Of Natural Justice

The principles of natural justice are considered basic human rights because they try to provide justice to the parties in a natural way. Natural justice is another name for common sense justice. It is procedural, and it also aims to ensure judicial justice to the parties. The Supreme Court judge once said that the goal of natural justice is to ensure justice, or (negatively speaking) prevent judicial errors. It only operates in areas not covered by the law. It replaces the law and supplements it.

The principles of natural justice are:

1) Nemo Debet Esse Judex In Propria Causa, which means that no one can serve as a judge in his case.

The first minimum requirement of natural justice is that the authority that decides the decision must act impartially and fairly. The judge must be fair. There can be many types of bias, such as monetary bias, personal bias, and official bias. The purpose of this rule is to ensure that the public has confidence in the fairness of the rewarding process.

2) Audi Alteram Partem, which means to listen to each other.

This principle means that the person must have a fair opportunity to defend himself. This means that no one will be convicted without being heard. In addition, it is very necessary not to try anyone without a fair hearing. Therefore, they will have the opportunity to respond to the evidence against them by providing all the facts and evidence that the court knows in their favor.

Constitutional Imperatives

ARTICLE 14
This article guarantees – equality before the law and equal protection of law within the territory of India. It binds the State to ensure that there is no discrimination being practiced in the nation. It includes the principle of the Rule of Law.

ARTICLE 15(1)
It prohibits discrimination on the grounds of religion, race, caste, gender, or place of birth. It is the duty of the state to make special provisions for women and children, and the advancement of any social and educationally backward classes of citizens, and Schedule Caste & Scheduled Tribe peoples.

ARTICLE 21
No person shall be deprived of his right to life and personal liberty except according to the procedure established by law.

ARTICLE 22
It gives special rights to arrested persons in certain cases which within its ambit contain very valuable elements of Natural Justice.

ARTICLE – 32 and 226

It collectively provides for Constitutional Remedies for violation of Fundamental Rights and Legal Rights. They can be exercised by issuing appropriate Writ, Direction, and Orders.

Conclusion

There is no value in linking the Constitution of India to a theory of justice because it is a combination of all methods of judicial jurisprudence. The constitution is an ideal and requires practical efforts for society, the individual, the law, the economy, and integral development. When we speak of the Constitution, we often speak of justice; because it is not only related to the development of people, but also the peace, security, and dignity of people; justice is important because it gives identity to people; an LGBT Issues Open space leads to a certain degree of legitimacy and requires more active rights, such as anti-discrimination measures and socio-economic benefits. Since Ward’s theory is consistent with article 15 and the article of the Constitution, we should apply an effective educational plan for balanced intelligence among people of different classes in society. Justice is fundamentally a matter of treating people equally and then trying to show that we must apply different standards of distribution in different situations. It includes a series of rights, such as freedom of expression and the right to vote that define citizenship, and the right to material resources that allow people to operate effectively as citizens in a political sense. Justice is not a fact, but an attitude to the facts that must be implemented to maintain the legitimacy of the constitution.

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The present article has been written by Gracy Singh, a 2nd Year student pursuing a BA.LLB (Hons.) from Mody University of Science and Technology, Lakshamangarh, Rajasthan.

Introduction

FIR or First Information Report is the earliest form of information relating to the commission of cognizable offense recorded by the officer-in-charge of the Police Station. The term FIR is not defined anywhere but Section 154 of CrPC talks about information on cognizable offenses, while Section 155 (2) states the information on non-cognizable offenses. The purpose of FIR is to set the criminal law in motion, and to obtain first-hand information about any occurrence to exclude any fallacious story; it is the state’s duty to protect the society and to offer requital to the victim.

In, State of Haryana v. Bhajan Lal It was held that if any information disclosing cognizable offense and satisfy the requirement of Section 154(1) comes before the officer in charge then, he has to accept to enter the substance in the prescribed form.

Evidentiary Value Of FIR

FIR is important evidence but it cannot be considered as a substantive piece of evidence. This is because under FIR –

Statements are not made under oath.
Statements have no cross-examination in court.
Statements are not made during the proceedings and trial.

Yet, the evidentiary value of FIR is important than any other statement in cognizable offenses or during the investigation because –

to corroborate statements made by the informant
to refresh the informant’s memory
to cross-examination statements recorded by the informant
to impeach the creditworthiness of the informant
to ascertain the information related to the commission of an offense.

In, Pandurang Chandrakant Mhatre v. the State of Maharashtra it was held that FIR is not a substantive piece of evidence. It can only be used to impeach the credibility of the testimony recorded by the maker but it cannot be used for contradicting the testimony of other witnesses.

Exceptions Where FIR Is Accepted As Evidence

FIR can be accepted as substantial evidence –

When the declaration is made by the person who is dead.
When the incident took place in the presence of Station House Officers and the injured person makes the statement to the officer.
When the informant does not remember the facts but is sure about the facts stated in the FIR.

Corroborative Value Of FIR

Although FIR is not a substantive piece of evidence it can have corroborative value under Section 157 of the Indian Evidence Act, 1872 and can be used to contradict the informant under Section 145 of the same Act.

Section 145 of the Indian Evidence Act deals only with the method of contradicting previous statements made by the witness in writing through cross-examination. The statement which has been made by the informant or the witness must be either written or by someone else.

In the case, Ram Chandra v. the State of Haryana, it was held by the Supreme Court that the information of the FIR can be used only for contradicting and corroborating the facts stated by the informant or by any other witness.

Section 157 of the Indian Evidence Act states that to be corroboration of any form of the previous statement must disclose the same facts or the time. It must be presented before any authority having the legal competence to investigate the particular fact and also proved in the court.

In the case, Hasib v. the State of Bihar The Supreme Court held that as per Section 157 and 145 of the Indian Evidence Act, FIR can be used only for corroborating and contradicting the informant who lodged the FIR.

In the case, State of Orissa v. Makund Harijan and Anr., it was held by the Orissa High Court that FIR can be used to corroborate and contradict the informant but the omissions of certain important facts

Dying Declaration In FIR

The term Dying Declaration means any written or verbal statement made by the person who is dead or the person who died while explaining the facts of his death. This concept was evolved from a legal maxim, ‘nemo moriturus praesumitur mentri’ which means a man will not meet his maker with a lie in his mouth. Section 32(1) of the Indian Evidence Act, 1872 deals with the concept of dying declaration, and the statements are assumed to be relevant.

In, K.R Reddy v. Public Prosecutor The court observed the evidentiary value of dying declaration that the dying declaration is permissible under Section 32, and through cross-examination, the truth could be tested as the statement is not made on oath. Before acting upon it, the closest inspection of the statement should be observed by the court. It is also assumed that the statement given by a dying person is of serious nature as the person is not likely to lie when he is on the verge of death. The statement is enough to prove the conviction if the court is satisfied that the dying declaration is true and not influenced.

A dying declaration can be recorded by a doctor or a public servant if the victim is hospitalized and wants to make a statement. It is recommended to make a dying declaration to a magistrate or in his presence but if this is not possible it can be recorded by the public servants. Even though the dying declaration by police officers is inadmissible in the court but due to circumstances, the court has to consider such declaration.

In, Maniram v. State of Madhya Pradesh The dying declaration was documented by a doctor without authentication of the conscience report of the deceased as well as there was no thumb impression on the declaration. The credibility of the FIR was lost in this case.

Conclusion

Fir is an important report, it can be provided as valuable evidence duly reported. FIR, under Section 145 of the Indian Evidence Act, 1872 can contradict the witness if the informant is present as a witness during the trial; under Section 157 of the same Act, it can corroborate the informant. In some cases, FIR can be considered as Substantial Evidence but mostly it is just an important piece of evidence. Therefore, it is necessary to lodge an FIR against any crime by the police officers and to initiate the investigation.

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The present article has been written by Vanshika Samir, a first-year student at the Rajiv Gandhi National University of Law, Patiala, Punjab, India.

INTRODUCTION

Terrorism has increased dramatically in India during the previous two decades. Bomb blasts and terrorist attacks have occurred in several places, including Jaipur, Ahmedabad, and Bangalore, as well as the Mumbai assault on 26/11. Every patriotic Indian has been shocked by the terrorist act. No civilized nation can allow such brutal inhumanity to be tolerated or endorsed in any way, shape, or form. India is dealing with a slew of issues when it comes to managing its internal security. Terrorist actions are on the rise, as are cross-border terrorist activities and rebel groups in various sections of the country. Terrorism has now taken on global proportions and has become a global challenge.

ANTI-TERRORISM LAWS IN INDIA

Terrorism has had a significant impact on India. The reasons for terrorism in India might range from religious grounds to poverty, unemployment, and a lack of development, among other factors. Many laws have been passed in India; however, they have been met with opposition since they violate people’s fundamental rights. However, in the aftermath of India’s anti-terrorism laws, proponents have praised the legislation, claiming that it has been effective in guaranteeing the prompt trial of those accused of engaging in or aiding terrorism. However, these restrictions have been broken down over time. Anti-terrorism legislation in India has long been a source of contention. One argument is that these regulations infringe on citizens’ fundamental rights, which are guaranteed under Part III of the Constitution. The legislature has passed anti-terrorist legislation in the past, and the judiciary has backed it, albeit reluctantly. The National Security Act of 1980 and the Unlawful Activities (Prevention) Act of 1967 are the current laws in force in India to combat terrorism. Other anti-terrorism legislation has existed in this country at various times in the past. Other anti-terrorism laws are as follows:

The Unlawful Activities (Prevention) Act, 1967

The UAPA was created to address organizations and activities that questioned India’s territorial integrity. The Act’s scope was strictly limited to dealing with threats to India’s territorial integrity. The Act was a self-contained set of laws for declaring separatist organizations illegal, for ensuring judicial adjudication and efficient financial management. The provisions also aim to control places of work of illegal associations and penalize individuals for the offense they commit. The Act has always been approached holistically, and it falls under the scope of the central list in the Constitution’s 7th Schedule.

The Terrorist and Disruptive Activities (Prevention), 1987

The second major act that came into force on 3 September 1987 was The Terrorist & Disruptive Activities (Prevention) Act 1987 this act had much more stringent provisions than the UAPA and it was specifically designed to deal with terrorist activities in India. When TADA was enacted, it came to be challenged before the country’s Apex Court as being unconstitutional. The Supreme Court of India upheld its constitutional validity on the assumption that those entrusted with such draconic statutory powers would act in good faith and for the public good in the case of Kartar Singh vs State of Punjab (1994) 3 SCC 569. However, there were many instances of misuse of power for collateral purposes. The rigorous provisions contained in the statute came to be abused in the hands of law enforcement officials. TADA lapsed in 1995.

The Maharashtra Control of Organised Crime Act, 1999

Enforced on 24^th April 1999, this was another major anti-terrorist law. This law was enacted specifically for dealing with the increase in organized crime in Mumbai, especially due to the presence of the underworld. It regulates organized crime and also includes the `promotion of insurgency’ as a terrorist act. As per the provisions, a person is presumed guilty unless he can prove his innocence.

The Prevention of Terrorism Act, 2002

With the rise of cross-border terrorism, the Pakistani ISI’s ongoing offensive strategy aimed at destabilizing India, and the events of September 11th, it became necessary to enact a unique law to deal with terrorist actions. The Prevention of Terrorism Act of 2002 (POTA, 2002) was enacted as a result. In Section 3 of the POTA, 2002, the terrorist act and the terrorist are explicitly defined, and the Act offers exceptional powers to the investigative agencies. The court has stated that the Act’s necessity is a question of policy and that the court cannot comment on it. To ensure fair use of the provisions of this act, it is imperative to follow the following safeguards-

Without the prior approval of the Central Government or, as the case may be, the State Government, no court can take cognizance of any offense under the Act.
Under the Act, no officer lower in status than the Deputy Superintendent of Police can investigate crimes.
Under the Act, a confession made before a police officer, not below the level of Superintendent of Police is admissible as evidence if the person is brought before a magistrate within 48 hours with his confessional statement.
Any officer who wields authority deliberately or with mala fide intentions is subject to the Act’s penalties. It also provides for the payment of remuneration to individuals maliciously prosecuted against the act.

CONCLUSION

It is the main attribute of terrorist operations in the form of religious terrorism, according to Indian concerns about terrorism. Religious terrorism refers to acts of terrorism committed by organizations or individuals who are motivated by religious tenets. Terrorist activities have been committed on religious grounds throughout history in the hopes of spreading or enforcing a system of belief. However, there has been an increase in terrorist activities instigated by external forces. The need of the hour is the effective and justified application of anti-terrorism laws. Such provisions provide for stringent measures against terrorism. However, misuse of such legislation often leads to human rights violations. There is a need to strike the right balance between the application of strict measures against terrorism and the protection of human rights. This can be ensured by maintaining a system of checks and balances to ensure that no misuse happens by individuals holding authoritative positions.

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The present article is written by Mudit Jain pursuing B.B.A. LL.B. (H) from Indore Institute of Law.

INTRODUCTION –

A factory is a structure or location where items are manufactured using machinery and manual labor. The constituent parliament enacted the factories act, 1948 on August 28, 1948, the governor-general of India gave his assent on September 23, 1948, and it went into effect on April 1, 1949. It protects the health, safety, and wellbeing of factory employees, as well as providing protection to exploited workers in order to improve their working circumstances in industries or factories. It will also oversee the properties’ owners, and severe observations will be conducted about factories and other laborers’ working conditions. The Act is divided into 120 sections, 11 chapters, and three parts.

HISTORY –

1.The Factories Act,1881-In 1881, the first Indian Factory Act was passed (15th of 1881). This Act was primarily concerned with prohibiting the employment of children under the age of seven, as well as their double work on the same day. This Act was made applicable to factories with more than 100 employees as well as enterprises with mechanical power.

2.The Factories Act,1891-Because of a flaw and a loophole in the 1881 Act, employers were always in problems. In 1884, the panel reviewed the employers’ inquiries. The Indian Factories Act of 1891 was then passed.

3.The Factories Act,1911-The safety standards in the 1891 Act were insufficient, and multiple fires occurred on the premises, resulting in more than 50 deaths between 1901 and 1905. As a result, the Factories Act 1911 was passed to protect factory employees.

4.The Factories Act,1922-Following World War I, the International Labour Organization was established in 1919, with an emphasis on working hours, minimum age, and night labor for women and children. The laborers went on strike in 1921 in protest of the convention’s ratification. As a result, the Factories Act of 1911 was revised in 1922 to add regulations for working hours, minimum age, and night employment for women and children.

5.The Factories Act,1934-In 1929, a Royal Commission was established to study the current Act and provide recommendations for the long-term improvement of labor living circumstances. As a result, the Firms Act of 1934 was adopted, and it went into effect in 1935, including factory inspection and observation, which applies to factories employing 20 or more people with power.

6.The Factories Act,1948-The Factories Act of 1934 was revised in 1935, 1936, 1937, 1940, 1941, 1944, 1945, 1946, 1947, and 1948, with a significant change in 1948. During the interim congress government, a five-year plan was developed to unify labor conditions and reform the 1934 Act, similar to the 1937 United Kingdom Factories Act. According to the International Labour Organization, in the areas of health, safety, welfare, working hours, hygiene, medical examination, and the submission of the factory and industry plans. As a result, on April 1, 1949, the Factories Act 1948 went into effect.

OBJECTIVES-

To keep humans from working long hours with physical hardship or hard labor.
To offer employees a healthy and sanitary working environment.
To protect workers from dangerous tasks and to avoid accidents.
To guarantee that yearly leave is paid for.
To safeguard women and children while they are at work.

IMPORTANCE OF THE FACTORIES ACT,1948 –

Factories in India are the most significant component of economic growth; it is also the state’s responsibility to provide every resident of India with health and safety conditions, which are especially crucial for factory workers. The factories act sought to protect employees’ interests, precautions, and preventions in hazardous employment, health, and safety in the workplace, to prohibit their exploitation, to impose responsibilities on employers and managers to protect every employee, and to protect women and children.

SCOPE AND APPLICABILITY OF THIS ACT-

The Act applies to the entire country of India, including Jammu & Kashmir. The Act applies to any premises having ten or more workers in the production process and powers, as well as any premises with twenty or more workers in the manufacturing process but no authority. The Act authorizes the state government to declare any of the factories or premises covered by the Act to comply with the Act’s provisions for safety, health, and welfare. However, it does not contain a mine or a mobile unit of the Union Armed Forces, restaurants, or hotels.

SALIENT FEATURES –

Workers’ working hours shall not exceed 48 hours per week, and there must be a weekly holiday.
Every factory must have preventative and safeguards in place to protect the workers’ health, as stipulated by the Act. Restrooms, proper lighting, ventilators, and temperature must all be supplied. The workplace should be maintained clean and sanitary at all times.
To maintain worker safety, factories should be securely gated, and youngsters should not be permitted to work in dangerous or enclosed places. Furthermore, the state government must oversee each plant to verify that safety precautions are taken and implemented in accordance with the requirements.
Restrooms, lunchrooms, first-aid equipment, shelters, and crèches must be provided for the workers’ safety. Washing facilities must be supplied and well maintained for the benefit of workers.
If a person breaches a provision of the factories act, it is considered an offense and punishable by imprisonment for three months or a fine of up to one lakh rupees, or both. If any of the employees misuse any of the facilities provided for their health, safety, and welfare, he or she will be fined up to 500 rupees.

MAJOR AUTHORITY UNDER THE FACTORIES ACT,1948-

The management and the occupier shall be held accountable under the factories act for the execution of the provisions outlined in the act. Section 2(n) defines “occupier” as the person who has ultimate authority over the factory’s affairs. Following the Supreme Court’s decision in the case J.K. Industries Limited v. The Chief Inspector Of Factories, 1996, “Manager” refers to the person who is responsible for the operation of the factory for the occupier and must be selected by the occupier.

MAJOR PROVISIONS UNDER THIS ACT-

Occupier Responsibilities
Inspectors’ powers and responsibilities
Worker Health and Safety Provisions
Provisions Concerning Worker Safety
Provisions Concerning Worker Welfare
Adult employees’ working hours
Earned annual leave
Provisions concerning worker strength
Employment provisions for women
Provisions concerning child labor
Operations that are dangerous
Diseases, accidents, and risky events must be reported.
Special provisions for hazardous processes
Accidents and potentially hazardous events
Workers’ rights and obligations
Penalties and procedures are in place.

MAJOR AMENDMENTS UNDER THIS-

The Factories Amendment Act,1954

The Indian government accepted the International Labour Organization Convention and outlawed the employment of women and young people in industries at night. As a result, sections 66,70, and 71 were changed. Also prohibited are women and young people from cleaning, lubricating, and operating machines. Revision of the chapter on leave with pay to fix 240 days attendance and raise the maximum on carried forward leave. Allowing 6 hours of labor in a row with no breaks if the shift is 6 hours long.

The Factories Amendment Act,1976

Following the 1948 and 1954 amendments, industrial expansion continued, and there is a need for safety officers in all factories and industries to deal with worker health and safety issues. As a result, the 1976 Factory Amendment Act was passed. Changes were made to the definitions of the production process, worker, factory, occupier, and so on when the word “contract labor” was incorporated into the definition of worker The location must be approved and granted prior authorization. The investigation into fatal accidents was scheduled for one month under Section 82.

Section 92 of the Act increased the maximum limit from Rs. 500 to Rs. 2000, and section 94 increased the enhanced penalty from Rs. 1000 to Rs. 5000. Section 94 also included a provision for a minimum fine in the event of a fatal accident or significant bodily harm (Rs. 1000 for death and Rs. 500 for serious physical harm; in the case of an aggravated sentence, these values were quadrupled). Section 36A was amended to include the use of portable electric lights, Section 40A for building maintenance, Section 40B for Safety Officers, Sections 62(1-A) and 73(1-A) for more particulars in muster roll, Section 88A for notice of dangerous occurrences, and Section 91A for safety and health surveys.

The Factories Amendment Act,1987

The Bhopal gas catastrophe raised worldwide safety awareness and prompted the Indian government to implement stricter standards to guarantee the health and safety of workers. As a result, the state and federal governments enacted new environmental protection laws (i.e. Environmental (Protection) Act, 1986). In addition, the government made essential revisions to the existing factories (amendment) act of 1986, adding a new chapter IV A on hazardous procedures and harsh fines and imprisonments for violations.

The Factories Amendment Act,2014

On August 7, 2014, the Factories (Amendment) Bill, 2014 was introduced in Lok Sabha. It intends to alter the Factories Act of 1948. The Act’s goal is to guarantee proper safety measures while also promoting the health and wellbeing of factory workers. According to the Statement of Objects and Reasons, the amendments proposed in the Bill are based on changes in manufacturing practices and technologies, ratification of ILO conventions, judicial decisions, recommendations of various Committees, and decisions made at Factories Chief Inspectors Conferences.

The Factories Amendment Act,2016

On August 10, 2016, the Minister for Labour and Employment, Mr. Bandaru Dattatreya, proposed the Factories (Amendment) Bill, 2016. The Factories Act of 1948 is amended by the Bill. The Act governs manufacturing workers’ safety, health, and well-being. The Bill modifies provisions concerning overtime hours of labor. The Act allows the state government to make regulations on a variety of issues, and the bill gives the national government the same authority. The Act empowers the state government to enact laws governing overtime hours of labor. However, the total number of hours of overtime for a quarter cannot exceed 50. This restriction is increased to 100 hours under the Bill. The federal government may also impose rules in this regard, among other modifications.

CONCLUSION-

The Factories Act is crucial in the industrial sector since it provides a wide range of advantages to the factory and industry workers. It improved their working conditions, health, safety, and wellbeing. Workers are regarded as the backbone of our Indian economy, and the government made critical changes to improve their living circumstances. Furthermore, the Act made employees aware of different measures designed to protect their interests and compelled employers who act in bad faith to be aware of their legal obligations.

REFERENCES-

https://prsindia.org/billtrack/the-factories-amendment-bill-2014
https://legislative.gov.in/sites/default/files/A1948-63_0.pdf
http://labourbureau.gov.in/LS_FACT_2004_Chap_1.pdf
https://www.legalbites.in/factories-act-1948#:~:text=Salient%20 features%20of%20the%20 Act,-Working%20 hours%20of&text=There%20must%20be%20 restrooms%2C%20 adequate,in%20 hazardous%20and%20confined%20areas.
https://www.srcc.edu/sites/default/files/B.Com%20(H)_Sem6_BCH%206.4%20(d)_Industrial%20Relations%20and%20Labour%20Laws_W2_CG_UNIT%205_0.pdf

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The present case summary has been written by Vanshika Arora.

Petition Number

421 of 1989

Equivalent Citation

(1990) 3 SCC 318

Bench

Hon’ble Justice S. Ratnaval Pandian

Date of Judgment

May 5, 1990

Relevant Act

Constitution of India

Relevant Articles

Article 23(1), 35(a)(ii), 39(e) and (f), 32

Summary of the Petition

The petitioner, filed a Public Interest Litigation (PIL) before the Supreme Court, against forced prostitution of girls, devadasis, and joints and also requested their rehabilitation. In light of the squalid ‘flesh trade’ prevalent in India, the petitioner highlighted that younger girls, when reaching puberty are forced into prostitution either by their parents or by means of kidnapping. Parents who cannot take responsibility for their girls anymore, due to abject penury, force them into these professions. While brothel keepers who are motivated by profit run intricate racquets of kidnapping. In light of this briefly elaborated situation, the petitioner filed a PIL along with affidavits of 9 girls that have forcefully been part of this unethical practice and seek rehabilitation. The filed PIL seeks issuance of guidelines in the aspect of three matters:

Directing CBI (Central Bureau of Investigation) to conduct scrutiny in red light areas and police officers under whom these areas function
To bring all inmates of red light areas and those who are part of flesh trade, under State rehabilitation centers and provide them with medical, healthcare, and other basic facilities.
To bring children of prostitutes that are found begging, to protective homes, and rescue young girls from flesh trade racquets.

Ratio Decidendi

The court considered the matter one of great importance and noted that Article 23 of the constitution guarantees “Right against Exploitation” and prohibits human trafficking in any form. A contravention of this article is punishable. Moreover, Article 35(a)(ii) states that notwithstanding anything in the constitution, Parliament shall have (not the state legislature) the power to make laws for prescribing punishment against anything that is punishable under the constitution. The court also noted that subsections (e) and (f) of Article 39 of the constitution state that the state should direct its policy towards ensuring that children at a tender age are not abused, and youth are protected against exploitation and moral and material abandonment. The court also considered several other legislations that guarantee child protection. Such as the Immoral Traffic Prevention Act, 1956; The Juvenile Justice Act, 1986; Section 366-A, 366-B, 372,373 of The Indian Penal Code, 1860.

The Final decision of the court

The court decided that a CBI inquiry through the lengths and widths of the entire country is not needed. This malady can only be eradicated through stringent law enforcement. In light of which the court made the following directions:

All-State Governments and Governments of UTs should direct law enforcement agencies to take speedy action in eradicating child prostitution.
State Governments and UTs should set up separate Advisory committees in their respective zones.

Membership of the Committee:

Secretary of the Social Welfare Department or Board, Secretary of Law Department, Sociologists, Criminologists, Members of Women’s Organizations, Members of Indian Council of Child Welfare, Members of Indian Council of Social Welfare, Members of Voluntary Social Organisations and Associations.

All-State Governments and Governments of UTs should take adequate provisions of rehabilitation homes with medical facilities.
Union Government to set up a committee of its own in line with these guidelines with the aim of implementation of the national level of care, protection, and rehabilitation.
All-State Governments and Governments of UTs and Central Government to ensure proper implementation of these guidelines

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