Central law – North Central Conference http://northcentralconference.org/ Sun, 05 Dec 2021 00:07:20 +0000 en-US hourly 1 https://wordpress.org/?v=5.8.2 https://northcentralconference.org/wp-content/uploads/2021/11/north.png Central law – North Central Conference http://northcentralconference.org/ 32 32 The body of cooperative banks thwarted by central law – the New Indian Express https://northcentralconference.org/the-body-of-cooperative-banks-thwarted-by-central-law-the-new-indian-express/ Thu, 30 Sep 2021 07:00:00 +0000 https://northcentralconference.org/the-body-of-cooperative-banks-thwarted-by-central-law-the-new-indian-express/ Through Express news service THIRUVANANTHAPURAM: In protest against changes to the banking regulation law in June 2020, the Federation of Urban Cooperative Banks of Kerala held a sit-in and protest march in front of Raj Bhavan on Wednesday. The organization was also protesting against strict restrictions placed on urban cooperative banks by the Reserve Bank […]]]>

Through Express news service

THIRUVANANTHAPURAM: In protest against changes to the banking regulation law in June 2020, the Federation of Urban Cooperative Banks of Kerala held a sit-in and protest march in front of Raj Bhavan on Wednesday.

The organization was also protesting against strict restrictions placed on urban cooperative banks by the Reserve Bank of India (RBI) citing an increase in non-performing assets. The organization alleged that this was all a conscious move to destabilize the state’s cooperative banking sector. The president of the UDF, MM Hassan, inaugurated the demonstration.

Even though cooperative laws are state matters, the central policies and reserve bank policies put in place to control the cooperative banking sector were unconstitutional, the organization said. He was critical of anti-democratic laws that gave the RBI the right to dissolve the chosen administrative committee in a democratic process. The protest was held against six of the reforms and policies aimed at empowering the RBI to effect change in the cooperative banking sector.

The organization called the RBI’s power to merge an urban bank with another bank without the consent of the state government undemocratic. The group also raised concerns over the power of the RBI to call a general meeting of banks and hold elections within the bank, among others.

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Supreme Court qualifies the new central law on the courts of replica of the previous one invalidated by it | India News https://northcentralconference.org/supreme-court-qualifies-the-new-central-law-on-the-courts-of-replica-of-the-previous-one-invalidated-by-it-india-news/ Mon, 06 Sep 2021 07:00:00 +0000 https://northcentralconference.org/supreme-court-qualifies-the-new-central-law-on-the-courts-of-replica-of-the-previous-one-invalidated-by-it-india-news/ NEW DELHI: Calling the provisions of the new court law “replicas” of those struck down earlier, the Supreme Court told the Center on Monday that although it has the power to withdraw the basis for a judgment by adopting new laws, they cannot be “directly contradictory” to its verdicts. “The legislator can withdraw the basis […]]]>
NEW DELHI: Calling the provisions of the new court law “replicas” of those struck down earlier, the Supreme Court told the Center on Monday that although it has the power to withdraw the basis for a judgment by adopting new laws, they cannot be “directly contradictory” to its verdicts.
“The legislator can withdraw the basis for the Supreme Court ruling. But you cannot pass a law which directly contradicts the Supreme Court ruling,” said a special bench made up of Chief Justice NV Ramana and judges DY Chandrachud and L Nagesewara Rao.
The law concerns the terms and conditions of service and tenure of members of various courts and reinstates some of the provisions repealed by a bench led by Judge Rao recently on arguments, including one filed by the Madras Bar Association.
The court, criticizing the fact that the law was acquitted without any discussion in parliament and reinstated the provisions that were struck down, said that “the law is practically a replica of the provisions that were struck down in Madras Bar cases – II and III “.
“There are two problems, one is to make sure that the appointments that are being made are made immediately, and the second is the rule of law. We cannot have this situation where we have the Association of Madras Bar 1, 2, 3, 4 and virtually, the same law is being enacted. This will continue. Next time we repeal it will be a new law identical to the first, “said the CJI.
“In a lighter vein, we mean that we trust and respect you (Solicitor General) and you will never advise the government to pass a law like this,” the judiciary said.
Some bureaucrats could be there to advise the government to legislate to overturn the judgment, he said.
“They will say pass another law if they pass judgment. This is the way bureaucracy works, we understand. But the government has to take a call now. It is very serious. Although we are very upset, that’s all we want to say right now, ”CJI said, speaking on behalf of the bench.
The highest court also requested a response from the Center by September 13 on a batch of petitions, including one filed by Congress leader Jairam Ramesh challenging the constitutional validity of various provisions of the Courts Reform Act 2021, which was passed in the recent monsoon session of Parliament and received presidential assent on August 13.
The bench said it would also pass ordinances on the new legislation next Monday.
“We don’t care about subsequent legislation. We will not give them much credit. My brother Nageswara Rao had expressed his point of view on the legislation. ) despite this, they do not honor the judgment. What is it, “said the judiciary.
The bench, however, recognized the legislative power of the legislature saying that a new law can always be introduced by removing the basis for a judgment, laws, which are contrary to verdicts, cannot be promulgated repeatedly.
“For example, if we consider that the state legislature did not have the power to levy taxes because the legislative competence rested with the Parliament, then the Parliament can pass a law, validating the collection of the tax”, said the bench while giving an illustration.
Senior lawyer Vikas Singh, representing another petitioner, said the new law aims to enact the same provisions.
The judiciary took note of the comments of lead lawyer AM Singhvi, representing Ramesh, that the new law contains the same provisions.
“You correctly said that there are four provisions. I’ll highlight which ones – a person under 50 is not eligible for nomination as chair or member. Directly contrary to judgment! Second, the selection committee will recommend a two-name panel for nomination and the central government will make a preference decision within three months. Directly contradictory. Third, the term of office of the chair and members will be set at four years. Directly contrary. And fourth, the compensation awarded to the president will be the same as a central government official with the same salary as the president. Once again, the direct opposite, ”said Judge Chandrachud.
“There is no point in debating. Everyone knows the law, including the government, the signatories. Instead of wasting our time. We are not interested in any confrontation,” said the judiciary, adjourning the case to the September 13.
The government has been asked to make some court appointments by then.
Ramesh, in August, asked the highest court to challenge the constitutional validity of various provisions of the Courts Reform Act 2021.
The congressional leader, in his plea, said he had filed the public interest motion challenging the clause 3 (1) clause as well as sections 3 (7), 5 and 7 (1) of the law of 2021 on the reform of the court as being ultra-violates articles 14, 21 and 50 of the Constitution.
“The petitioner is aggrieved by the contested law abrogating the principle of judicial independence, and its adoption being a deliberate attempt to overturn the judgment of this court in the Madras Bar Association v Union of India case, which set aside provisions identical to those challenged, without removing the basis for the judgment, ”the petition indicates.
He said that in August 2021, the Courts Reform Act 2021 was passed by both Houses of Parliament and received Presidential assent on August 13, 2021.
“The Courts Act which repeals the Courts Ordinance entered into force retroactively to April 4, 2021 and was enacted among other things with the aim” of abolishing certain courts and authorities and providing a mechanism for direct recourse to the court. of commerce or of the high court. “And also reduce the burden on the public treasury,” said his plea.
The plea indicated that the challenged law contained various provisions of a nature identical to those of the Courts Order which was overturned by that court on July 14.
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Does an order of the High Court that maintains a central law or rule apply throughout the country? https://northcentralconference.org/does-an-order-of-the-high-court-that-maintains-a-central-law-or-rule-apply-throughout-the-country/ Sun, 15 Aug 2021 07:00:00 +0000 https://northcentralconference.org/does-an-order-of-the-high-court-that-maintains-a-central-law-or-rule-apply-throughout-the-country/ Will an order made by a High Court suspending the application of a central law or rule apply throughout the country? Or is the execution of such an order limited to the territorial jurisdiction of this High Court? Many readers have raised this doubt following the suspension of the application of the Code of Ethics […]]]>

Will an order made by a High Court suspending the application of a central law or rule apply throughout the country? Or is the execution of such an order limited to the territorial jurisdiction of this High Court? Many readers have raised this doubt following the suspension of the application of the Code of Ethics for Digital Media by the High Court in Bombay. .

Will an order made by a High Court suspending the application of a central law or rule apply throughout the country? Or is the execution of such an order limited to the sole territorial jurisdiction of this High Court?

Many readers have raised this doubt following the Bombay High Court’s suspension of the application of the Digital Media Code of Ethics under the 2021 IT Rules. This article is an attempt to address the issue.

The normal rule is that an order or judgment of the High Court will operate only within its territorial jurisdiction. Article 226, paragraph 1, of the Constitution provides that a High Court has powers “over all the territories over which it exercises jurisdiction”. This has been reiterated by the Supreme Court in several decisions (e.g. Ambica Industries v. Central Excise Commissioner (2007), Durgesh Sharma v. Jayshree (2008)).

However, when it comes to a judgment of a High Court against a central law or rule, the situation may be different.

In 2004, the Supreme Court of Kusum Ingots and Alloys Ltd. vs. Indian union ruled that an order made on a written petition challenging the constitutionality of a parliamentary law, whether provisional or final, will affect the territory of India subject to the applicability of the law. A division bench of Chief Justice SB Sinha and Justice SH Kapadia held:

“An order issued on written request challenging the constitutionality of a parliamentary law, whether provisional or final, taking into account the provisions contained in clause (2) of article 226 of the Constitution of India, shall have effect throughout the territory of India, subject of course to the applicability of the Law ”.

This was an incidental sighting in the Case of Kusum ingots as the main issue before the Court was whether the petition in question concerned the sustainability of the petition for alleged lack of cause of action in territorial jurisdiction.

In this context, it is relevant to note that Article 226A inserted into the Constitution by the 42nd Amendment provided that a High Court cannot examine the constitutional validity of central legislation. However, Section 226A was repealed shortly after by the Forty-Third Amendment a year later.

The fact that the High Courts can examine constitutional challenges against central legislations has been clarified by the Supreme Court in many cases (see this ordinance and this ordinance)

Principle of Kusum ingots followed by the Hautes Cours

The incidental observations in Kusum Ingot were followed by the Hautes Cours in certain cases.

The High Court of Madras at Textile Technical Tradesmen Association v. Union of India (2011), ruled that a judgment of the High Court of Andhra Pradesh which declared Article 17-A of the Labor Disputes Act unconstitutional, will have effect throughout the territory of India. The Madras High Court expressly referred to the observations of Kusum Lingot case.

Likewise, in Shiv Kumar v. Indian Union (2014), the High Court of Karnataka ruled that a judgment of the High Court of Kerala which reduced Section 10A (1) of the Indian Divorce Law will apply throughout India.

“Bearing in mind the pronouncement of the Bench Division of the High Court of Kerala and reading the same in the context of Kusum Ingots and Alloys Ltd, the position of the law with respect to subsection (1) of section 10A of the law has now been clarified, in particular with regard to the state of Karnataka ”, the High Court observed.

Promote the applicability of a decision of a High Court against a central law throughout the country, by Dr T. Rajakumari v. Government of Tamil Nadu (2016), the Madras court observed the following,

“It is trite to say that once a High Court overturns the provisions of the Central Law, it cannot be said to be applied selectively in other states. Thus, there is no question of the applicability of the provisions struck down by the High Court. Court now until and unless the Honorable Supreme Court reverses the judgment or suspends the execution of the judgment “. The Madras High Court made tthese observations while holding that the judgment of the High Court of Delhi annulling article 2 (p) of the PNDT law was applicable throughout the country.

The Calcutta High Court, in a case challenging a notification issued by the Ministry of Environment, Forests and Climate Change, observed that no order was required from it because the High Courts of Gujarat and Karnataka have already suspended it. Although the High Courts did not specify any reason to suspend the notification, the High Court of Calcutta observed that in view of the observations made in Kusum Ingot, these stay orders will have effect across the country.

In one case, the High Court of Kerala felt that the The Gujarat High Court ruling that struck down Part IXB introduced into the Constitution by the 102nd Amendment will apply to the entire country.

“The Supreme Court ruled that the order was issued by way of a petition challenging the constitutionality of parliamentary law [whether the order be interim or final], shall have effect throughout the territory of India, subject to the applicability of law. This being the position, the statement made by the High Court of Gujarat that the 97th Amendment to the Constitution inserting Part IX B – as ultra vires the Constitution, in turn nullifying the same, applies throughout India [which of course, will be subject to the verdict to be passed by the Apex Court in the matter pending consideration, involving the challenge against the said verdict]”, the High Court of Kerala observed.

High Court stay on cattle rules nationwide: Supreme Court said in 2017

In All India Jamiatul Quresh Action Committee v. Union of India (2017), the validity of Rules for the prevention of cruelty to animals (regulation of stocks of live animals, markets), 2017, and the Prevention of Cruelty to Animals (Common Animal Care and Maintenance) Regulations, 2017 was involved. The Madras High Court had already suspended the application of the Rules in another case.

While a series of lawsuits challenging the rules were taken to the Supreme Court, the latter observed that it viewed the position as a stay order from the High Court that applied across the country.

“The above two rules, we are informed, were challenged before the Madurai bench of the Madras High Court, which suspended the application of said rules. Mr PSNarasimha, learned the additional attorney general, informed this court , that the Union of India does not seek modification of the aforementioned Interim Order, and we therefore register the statement of the Additional Scholar Solicitor General. We understand the position is that the Interim Order will apply across the country “, the court observed.

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International Tribal Day: Mamata demands central law to protect Adivasis land rights https://northcentralconference.org/international-tribal-day-mamata-demands-central-law-to-protect-adivasis-land-rights/ Tue, 10 Aug 2021 07:00:00 +0000 https://northcentralconference.org/international-tribal-day-mamata-demands-central-law-to-protect-adivasis-land-rights/ Chief Minister Mamata Banerjee on Monday called on the Center to immediately enact legislation to protect the land rights of the Adivasis by prohibiting the transfer of their lands to non-tribal communities. The president of the Trinamool Congress (TMC) said that such protections exist in Bengal. Banerjee raised the demand for a central law during […]]]>

Chief Minister Mamata Banerjee on Monday called on the Center to immediately enact legislation to protect the land rights of the Adivasis by prohibiting the transfer of their lands to non-tribal communities. The president of the Trinamool Congress (TMC) said that such protections exist in Bengal.

Banerjee raised the demand for a central law during her visit to Jhargram District, where she attended an International Tribal Day program. The TMC leader also matched footsteps with local women performing an adivasi dance. Banerjee also wore traditional tribal attire over his sari and played the dhamsa (a traditional percussion instrument).

“The rights of tribes must be protected. We have taken all measures for the development of tribal communities in our state. Almost 95 percent of the tribal population of Jhargram received benefits from state government programs. We have also created a separate department for the welfare of the tribes and to ensure the protection of their land rights. Tribal lands cannot be transferred to Bengal. A law to protect the land rights of tribals across the country is expected to be passed by the Center, ”Banerjee said at the event.

Thanking the people of Jhargram for supporting his party in the last parliamentary elections, the leader of the TMC said: “I want to thank you all for your blessings. If we made a mistake, we will correct it.

She added, “We have built superspecialized hospitals, colleges and universities in the region. Our government has officially recognized the Alchiki language. The ‘Duare Sarkar [government at doorsteps]”The project was also a huge success in this area. Thanks to ‘Duare Sarkar’, we reached over three million people. Beneficiaries of the ‘Lakhi Bhandar’ program, which aims to provide basic income assistance to women heads of household, will begin to receive the allowance from 1 September.

Although the BJP swept the Jangalmahal region, of which Jhargram is a part, in the 2019 Lok Sabha polls, the TMC managed to rebuild their organization in the region to overcome the fault and won 29 of the 40 Assembly seats in the region in this year’s state elections. .

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VHP demands central law against conversion https://northcentralconference.org/vhp-demands-central-law-against-conversion/ Sun, 08 Aug 2021 07:00:00 +0000 https://northcentralconference.org/vhp-demands-central-law-against-conversion/ Vishwa Hindu Parishad on Sunday called for a central law against forced religious conversion. Addressing a press conference in Meerut, Surendra Jain, the international joint secretary general of Parishad, thanked Uttar Pradesh Chief Minister Yogi Adityanath for passing a strong law against forced conversion in the State. “But recent events in the Loni area of […]]]>

Vishwa Hindu Parishad on Sunday called for a central law against forced religious conversion. Addressing a press conference in Meerut, Surendra Jain, the international joint secretary general of Parishad, thanked Uttar Pradesh Chief Minister Yogi Adityanath for passing a strong law against forced conversion in the State. “But recent events in the Loni area of ​​Ghaziabad have proven that this is a pan-Indian racketeering and therefore requires central law.”

Adding that they would raise the demand with the Union Home Minister, Jain said those involved in the conversion activities also engage in the spread of terrorism and therefore demanded a strong central law.

He alleged that the so-called secular parties support such activities. “When a private member’s bill against forced conversion was presented to the Chhattisgarh assembly, it was rejected by members of Congress,” he said.

Calling for a “saffron revolution” in the region, Jain also said the VHP and Bajrang Dal had identified 70 hotspots in western Uttar Pradesh from where Hindus were seeking a mass exodus out of fear. “We will develop the self-confidence of Hindus who live in areas where they are in the minority,” he said, referring to a recent incident in Moradabad where around 80 Hindu families allegedly put up posters stating that their homes were on sale because they were harassed by Muslim neighbors. Local police, however, had debunked the theory.

In “Palayan nahin Parakram” (Courage not the exodus), he said, the VHP gave a new motivational song to Hindus in western UP. “It was decided that each village will have a Bajrang Dal Akhara and a Durga Vahini center. And we believe the region will get rid of the “mini-Pakistan” label.

He called on Muslims to come out of the “pre-1947 state of mind” and believe in “peaceful coexistence”.

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Covid: Supreme Court rules ex gratia to parents under central law https://northcentralconference.org/covid-supreme-court-rules-ex-gratia-to-parents-under-central-law/ Thu, 01 Jul 2021 07:00:00 +0000 https://northcentralconference.org/covid-supreme-court-rules-ex-gratia-to-parents-under-central-law/ Relatives of patients killed by Covid will have to be paid ex gratia under a central law, the Supreme Court ruled on Wednesday after dismissing Narendra Modi’s government claim that such payments are not mandatory. But the court refused to set the amount at Rs 4 lakh each, which the applicants had requested based on […]]]>

Relatives of patients killed by Covid will have to be paid ex gratia under a central law, the Supreme Court ruled on Wednesday after dismissing Narendra Modi’s government claim that such payments are not mandatory.

But the court refused to set the amount at Rs 4 lakh each, which the applicants had requested based on the central guidelines issued in 2015 for disaster survivors. The court asked the National Disaster Management Authority (NDMA) to decide the amount of payment within six weeks.

So far, at least 3.98 lakh of people in the country have succumbed to Covid, but the Center has blocked the ex gratia payment – intended to overcome immediate demands – by cutting semantic hairs, insisting that the word “shall” in a section of the Disaster Management Act should be interpreted as “may”. The assertion did not cut the ice with the court.

The Supreme Court ordered the NDMA to formulate within six weeks uniform directives for the payment of Covid ex gratia to relatives.

A special bench of Judges Ashok Bhushan and MR Shah said NDMA could set a reasonable amount while keeping in mind the funds and resources available with the country.

The court ordered the government to streamline the process for issuing death certificates in Covid cases to avoid harassment of ex gratia claimants.

In this context, the alleged attempts by some state governments to falsify the figures of Covid victims take on an additional dimension which has a direct bearing on the affected families.

The competent authority is responsible for issuing simplified guidelines for the issuance of death certificates and other official documents indicating the exact cause, i.e. “death due to Covid-19”, to families of persons deceased, the court said.

These guidelines may also provide for appeals and corrections in certificates if families are not satisfied with the cause of death, the judiciary added.

Usually, payments under the Disaster Management Act are made by the Center. The National Disaster Response Fund (SDRF) – 75 percent funded by the Center and the remainder by the state government of the respective general category – is also used. Once NDMA sets the guidelines, it will be clear where Covid’s ex gratia payments will be made.

The court declared that the “national authority” (NDMA) had failed to fulfill its legal obligation. The court pointed out that the government had, in a letter dated March 14, 2020, declared the Covid-19 pandemic as a “notified disaster”, which falls under the Disaster Management Act.

The court disagreed with the government’s argument that the word “shall” in section 12 of the Disaster Management Act which deals with ex gratia payment should be read as “may”.

“To interpret the word ‘shall’ as ‘may’ and as directoire / discretionary, the very object and purpose of the Law will be defeated. The word “shall” used twice in Article 12 significantly imposes on the national authority the duty to issue guidelines regarding minimum standards of assistance, which must include ex gratia assistance in the event of death. as well as assistance in the event of damage to houses and for the restoration of livelihoods ”, declared the court.

The court, however, accepted the Centre’s position that advocating for a directive to pay a minimum of Rs 4 lakh to the parents of each of the deceased Covid patients could not be mandated because the government had various other financial commitments. related. The government has included among these commitments free vaccines, antiviral drugs and food grains amid the pandemic, in addition to a stimulus for the battered economy of Covid.

The court was seized of a batch of requests filed by lawyers Reepak Kansal and Gaurav Kumar Bansal and a few other interveners pleading for a minimum ex gratia of Rs 4 lakh to each family that has lost a member due to Covid.

Judge Shah said: “It is undeniable that these (pandemic) deaths have affected families of all classes…. Many have lost the only livelihood.

“However, at the same time… the impact and effect of the current pandemic / disaster would be different from other disasters / natural disasters for which gratis assistance is provided. There will be no justification for providing the same / similar amount as ex gratia assistance as provided for other disasters / natural disasters i.e. Rs 4 lakh. “

Judge Shah added, “No state or country has unlimited resources. That is why he only advertises financial aid / packages as far as possible. “

The court said the Center should take appropriate action to follow up on recommendations made by the Finance Committee in its 15th report on providing social security to certain targeted groups such as health workers, post-mortem workers. , incinerators and workers at burial sites. Stakeholders and experts should be consulted.

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Need a central law to save healthcare workers from assault and violence https://northcentralconference.org/need-a-central-law-to-save-healthcare-workers-from-assault-and-violence/ Wed, 30 Jun 2021 07:00:00 +0000 https://northcentralconference.org/need-a-central-law-to-save-healthcare-workers-from-assault-and-violence/ By Sneha Kalita In the current scenario of the Covid pandemic, not only India, but the entire world is going through a period of unprecedented upheaval and challenges, especially in the healthcare system. There was a crisis in terms of infrastructure, medical facilities, frontline health workers, drugs, oxygen supply, etc. However, it is an underlying […]]]>

By Sneha Kalita

In the current scenario of the Covid pandemic, not only India, but the entire world is going through a period of unprecedented upheaval and challenges, especially in the healthcare system. There was a crisis in terms of infrastructure, medical facilities, frontline health workers, drugs, oxygen supply, etc. However, it is an underlying fact that doctors and other medical / paramedical personnel have stood up to the pandemic at the risk of their lives and worked tirelessly to save the lives of their compatriots.

The medical fraternity of all civil society has always defended a very important position in which it has the duty and the obligation to treat a person with the greatest responsibility and empathy in all kinds of situations. Because of this selfless duty to society, they are meaningfully called frontline warriors. According to the Covid Registry of martyrs report, maintained by the Indian Medical Association (IMA), while 747 doctors died of COVID-19 in the first wave, 748 doctors lost their lives in the second wave,[i] and according to government data, the total number of people who died due to Covid up to the 27e of June 2021 are 3 94,493.[ii]

Sneha Kalita, Registered Lawyer, Supreme Court

However, in the present situation of fear, anxiety, and by anticipation, cases of attacked and assaulted healthcare workers have seen an unfortunate increase. And the deleterious effect of such type of violence / assault against a single healthcare worker / professional not only has detrimental effects and fear in the healthcare community, but also hinders the exercise of its functions in the service of humanity, especially in this time of crisis. Attacks on healthcare workers are a universal phenomenon that has caught the attention of many international agencies. It is argued that one of the oldest medical journals in the world, known as “The Lancet”, has said that “almost 75% of doctors in India have experienced verbal or physical abuse in their lifetime.”[iii] A report released by the World Health Organization (WHO) also indicated that nearly 600 violent incidents against healthcare facilities in 19 countries took place in 2014 and 2015. The World Medical Association, through its president, said that “We need to pay more attention to the increase in violence in civilian situations. Here there is an urgent need for better protection. Facilities must be secured against the introduction of weapons, in particular firearms and knives. Hospitals and clinics must be unarmed. And in conflict situations, health workers and facilities become weapons of war and this must stop. “[iv]

The blatant attack on doctors violates their fundamental right to life and undermines their personal dignity guaranteed by Article 21 of the Indian constitution which guarantees the fundamental right to life and liberty to every person. During the period 2011-2021, almost all states in the country have seen one or another of such incidents of violence being committed, against health workers.

Interestingly, of the 28 states and 8 Union Territories (UT), in India only 23 States and 2 Union Territories have their own laws relating to the protection and prohibition of violence. against health workers and causing damage to property. . However, many state laws provide for a maximum prison term of 3 years and a fine of Rs. 50,000 (Fifty Thousand Rupees) only. In terms of the lowest jail terms, Madhya Pradesh provides for a jail term of up to 3 months and the state of Punjab provides for a jail term of up to 1 year. And the highest jail term and fine is prescribed in the state of Arunachal Pradesh, which provides for 3 years imprisonment of up to 10 years and a fine of up to 5 lakhs rupees. . In addition, there is no prescribed fine provision in the states of Haryana (although a penalty for damage to property has been prescribed) and Himachal Pradesh. And in the state of Tamil Nadu, no amount of fine is prescribed along with the prescribed sentence. The state of Madhya Pradesh provides for a fine of up to 10,000 rupees (ten thousand rupees). In addition, the states of Sikkim, Meghalaya, Nagaland, Mizoram and Jharkhand currently do not have their own legislation dealing with the protection of healthcare workers from violence and any material damage to their establishment.

Epidemic Diseases (Amendment) Act, 2020 [which have limited jurisdiction for pandemic times only], the National Disaster Management Act 2005 and the Indian Penal Code of 1860, cite few imprisonment and fine provisions in terms of sanctioning any act of violence and attack on health workers, provision concerning non-compliance with orders and different classification and definition of injury and punishment respectively.

However, in the current scenario, India needs a central uniform legislation which addresses the relevant issue and provides for preventive security systems and all these measures and the compensation mechanism by the government as well as severe penalties at the both in terms of imprisonment and a fine, which can potentially deter such acts of violence. And with proper arrangements to deal with such acts, it is also important to declare all health facilities / centers as zones / protected areas and competent security mechanisms with an SOS button to deal with such situations of distress. a Compensation mechanism for granting compensation to the families of deceased healthcare professionals / workers and other persons or victims Health workers by the government / or concern the authorities as a result of such type of violence /aggression. The protection and prevention of violence against healthcare professionals / healthcare workers and all paramedics raises an issue regarding the preservation of human rights and fundamental rights of healthcare professionals / staff and all other health care community enshrined in Articles 21 and 41 and in all relevant International Covenants of which India is a signatory member. There is a need to develop an effective and balanced grievance and rescue mechanism system for health workers, patients and their assistants (in the form of a grievance / complaints and rescue office) in each facility and health facility. health care / clinic in order to intervene immediately to remedy the situation. the problem / dispute on both sides in order to avoid any inevitable dispute or disruption resulting from such type of aggression, violence or public lynching and also seek guidance in the form of instructions regarding the granting of Compensation to the families of health workers who are deceased or victimized Health workers by the state government / or the authorities concerned as a result of such type of violence / assault.

India is a member of the World Health Organization (WHO) and has a legitimate and ethical obligation to implement the WHO guidelines to address workplace violence in the health sector in its regime national legal. WHO published a report entitled “Framework guidelines for combating violence at work in the health sector”[v] in 2002 and formulated detailed guidelines with the aim of “providing general guidance on workplace management violence in the health sector. Far from being prescriptive, the Guidelines should be seen as a basic reference tool to stimulate the autonomous development of similar instruments specifically targeted and adapted to different cultures, situations and needs. Likewise, in a study of customary international humanitarian law carried out by the ICRC (), Rule 25 stipulated that – “Rule 25: Medical personnel assigned exclusively to medical tasks must be respected and protected in all circumstances. They lose their protection if they commit, outside their humanitarian function, acts harmful to the enemy.

Conclusion

The whole world in this global pandemic has seen a situation and is going through it that they could never have prepared for. India, being a country with a huge population and limited health infrastructure, has been hit hard. As a result, healthcare workers bear the brunt of it the most. In such a situation, too, they have performed their relentless and selfless duty to humanity. Thus, any violence and aggression against them for subjects over which they have no control, complicates the situation and the relationship. It causes greater harm. Consequently, it is the duty of the State to ensure their security and to guarantee their fundamental rights, in particular those enshrined in articles 19, 21 and 47. Human rights must be respected and equal for all. Their duty to their patients must be carried out effectively, and so too should patients avoid engaging in such violent activities, whether during or after the end of the pandemic. It is high time that India needed substantial central legislation to deter, prevent and control and have a compensation mechanism to deal with such incidents in the future. And to ensure a safe working environment for health care professionals / health insurance service people (which include physicians, nurses, paramedics, nurses and midwives, all other employed workers and working in health insurance service institutions and its staff) and avoid property damage to health care institutions and others.

Sneha Kalita is a registered lawyer at the Supreme Court of India, assisted by research associate Bristi Rekha Mahanta


[i] State Covid Register kept by the IMA of Martyred Doctors

[ii] https://www.mohfw.gov.in/

[iii] https://www.thelancet.com/pdfs/journals/lancet/PIIS0140-6736(17)31142-X.pdf

[iv] https://www.hindustantimes.com/india-news/world-medical-association-highlights-attacks-on-indian-doctors-report/story-E5lI8VmQ29lljcz36 ALK2O.html

[v] https://apps.who.int/iris/bitstream/handle/10665/42617/9221134466.pdf

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IMA organizes nationwide protest to demand central law to protect doctors from violence https://northcentralconference.org/ima-organizes-nationwide-protest-to-demand-central-law-to-protect-doctors-from-violence/ Fri, 18 Jun 2021 07:00:00 +0000 https://northcentralconference.org/ima-organizes-nationwide-protest-to-demand-central-law-to-protect-doctors-from-violence/ ANI | Update: June 18, 2021 2:31 PM STI Hyderabad (Telangana) / New Delhi / Ludhiana (Punjab) [India], June 18 (ANI): The Indian Medical Association (IMA) on Friday celebrated the “National Day of Protest” demanding a central law to protect doctors from violence.The slogan of the protest is “Save the Savior” and doctors and health […]]]>



ANI |
Update:
June 18, 2021 2:31 PM STI

Hyderabad (Telangana) / New Delhi / Ludhiana (Punjab) [India], June 18 (ANI): The Indian Medical Association (IMA) on Friday celebrated the “National Day of Protest” demanding a central law to protect doctors from violence.
The slogan of the protest is “Save the Savior” and doctors and health workers could be seen across the country with signs reading “Stop the violence against the profession and the professionals”.
At the IMA office in Hyderabad, staff and doctors protested wearing black badges.
IMA Telangana Secretary of State Dr Narendra Reddy told ANI that violence against doctors should be considered a non-bail offense.
“We had a law in 2008 where violence against healthcare workers is punishable by up to 3 years in prison which can be released on bail. If people attack doctors, they will be afraid and will not deal with serious cases. “said Dr Reddy.
“Doctors must be protected. We are the saviors, we save people. We will be afraid and shirk our responsibilities. Society will suffer,” he added.
Doctors from All India Medical Sciences (AIIMS) in Delhi also took part in the protest.

IMA Secretary General Dr Jayesh Lele said: “The IMA observes June 18 as the National Day of Protest. We want a central act against violence against doctors. We have lost at least 1,400 doctors while protecting people from the pandemic. “
“The government introduced a bill on violence against doctors in 2019. We want it to be law,” said Dr Lele.
Ludhiana’s IMA unit also took part in the protest.
IMA Ludhiana President Dr Saroj Aggarwal said: “There should be zero tolerance for violence against doctors and hospitals. People should learn to trust doctors and know the difference between skilled and unskilled people. “
“Doctors across the country are observing June 18 as the National Day of Protest by wearing badges, masks and black ribbons to mark the day as the government has failed to protect the fraternity’s right to safety doctors, ”said IMA Secretary Ludhiana, Dr Ashish. Ohri said.
There have been incidents of violence in which doctors from the COVID services have been beaten and brutally assaulted in Bihar, West Bengal, Assam, Uttar Pradesh and Karnataka.
The IMA informed Wednesday that as many as 730 doctors have died during the second wave of the COVID pandemic.
Bihar reported 115 medical deaths, followed by Delhi which recorded 109 deaths and Uttar Pradesh with 79. In the southern states, Andhra Pradesh reported 38, Telangana 37, Karnataka 9, Kerala 24 and Odisha 31. Twenty-three doctors have died in Maharashtra. (ANI)

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IMA participates in nationwide protest Friday to demand central law on violence against doctors https://northcentralconference.org/ima-participates-in-nationwide-protest-friday-to-demand-central-law-on-violence-against-doctors/ Thu, 17 Jun 2021 07:00:00 +0000 https://northcentralconference.org/ima-participates-in-nationwide-protest-friday-to-demand-central-law-on-violence-against-doctors/ About 3.5 million doctors from the Indian Medical Association (IMA) will participate in a nationwide protest Friday demanding a central law addressing violence against doctors. IMA National President Dr JA Jayalal said that in addition to its membership, a number of organizations such as the Medical Association of India, the Association of Surgeons of India, […]]]>
About 3.5 million doctors from the Indian Medical Association (IMA) will participate in a nationwide protest Friday demanding a central law addressing violence against doctors. IMA National President Dr JA Jayalal said that in addition to its membership, a number of organizations such as the Medical Association of India, the Association of Surgeons of India, the network of medical students and the network of junior doctors would participate in the event.

In Bihar and central Kerala, doctors will close their clinics in the morning to lobby for demand for a central law against violence against doctors. In the evening, a public interaction was organized to form a coordination team in each branch of the IMA to prevent such violence from taking place.

“We are deeply hurt to see an increase in physical violence against doctors and healthcare professionals. It is happening day in and day out. The IMA is pushing for a central act against violence,” IMA said in a statement. .

The Health Service Personnel and Clinical Facilities (Prohibition of Violence and Damage to Property) Bill, 2019, which sought to impose a prison term of up to 10 years for assaulting duty doctors and other health professionals, was rejected by the Home Office, saying the law was not feasible because health is a matter of state, he said.

“There are many central health laws such as the PCPNDT law and the law on clinical establishments. Currently, 21 states have local laws, but what we need is a strong central law to protect doctors of violence, “said the body of doctors.

Listing plans for Friday’s protest, the IMA said memorandums would be submitted to Prime Minister Narendra Modi, as well as senior ministers including Home Secretary Amit Shah. All branches of the IMA would submit memoranda to local authorities.

“All 1,700 branches are organizing events to mark the protest. Student sections are very active on the event as they are most concerned about how the issue is being approached and handled,” the IMA statement said.

“We demand that the government strengthen the security arrangements in each hospital and declare hospitals protected areas,” the statement said.

On the issue of yoga guru Ramdev’s recent controversial comments, the IMA said a number of complaints against police have been filed across the country for his “dishonest statements, which in our opinion go to the ‘against the interests of the citizens of the country’.

“As a result, we urged the Prime Minister to take appropriate action against him. We respect Ayurveda as part of our culture and ancient science and we never go out to criticize him … Our job is to make sure that they (the patients) are treated in the best possible way. We are not interested in controversies, “he said.

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Punjab and Haryana HC Cite Central Law and Allow Abortion for Rape Victims | Chandigarh News https://northcentralconference.org/punjab-and-haryana-hc-cite-central-law-and-allow-abortion-for-rape-victims-chandigarh-news/ Sun, 28 Mar 2021 07:00:00 +0000 https://northcentralconference.org/punjab-and-haryana-hc-cite-central-law-and-allow-abortion-for-rape-victims-chandigarh-news/ CHANDIGARH: In perhaps the first instance after the recent approval of the Medical Termination of Pregnancy (Amendment) Act 2020 providing for termination of pregnancy for up to 24 weeks, the high court of the Punjab and the Haryana asked PGIMS Rohtak to terminate the pregnancy of a rape survivor who was more than 20 weeks […]]]>
CHANDIGARH: In perhaps the first instance after the recent approval of the Medical Termination of Pregnancy (Amendment) Act 2020 providing for termination of pregnancy for up to 24 weeks, the high court of the Punjab and the Haryana asked PGIMS Rohtak to terminate the pregnancy of a rape survivor who was more than 20 weeks pregnant.
“There is no doubt that the Medical Termination of Pregnancy Act 1971 provides that medical termination of pregnancy after a period of 20 weeks is not permitted. However, the Medical Termination of Pregnancy (Amendment) Act 2020 was passed on March 25, 2021, under which the upper limit for medical termination of pregnancy was extended to 24 weeks from the current stipulation. 20 weeks, for certain categories of women, including rape victims. The applicant in the present case falls within the scope of the new provision ”, observed judge Arun Kshetarpal of the HC while authorizing the termination of pregnancy of the rape victim of Rohtak.
Judge Kshetarpal also held that the court is required to take into consideration the particular facts of each case. “The petitioner, in this case, claims to have become pregnant as a result of rape. She is still a minor since she was born on December 15, 2003. She has her whole life ahead of her, ”observed the judge.
Court asks medical board to take fetus sample
The HC also ordered the medical board to take a sample of the fetus for DNA analysis and hand it over to the prosecution / police.
In this case, the minor had approached the HC to request the termination of her pregnancy through her mother for having survived a rape. An FIR related to the incident against the accused for rape and under the POCSO law has already been registered.
Hearing his plea, the HC, on March 23, ordered PGIMS Rohtak’s medical board to medically examine the complainant and provide a report. The medical board reported that although the fetus has no birth defects, the survivor is anemic.
Since this request was filed through her mother (natural guardian), the HC therefore also requested the independent opinion of the minor girl. For this, the president of the family court, Rohtak, was invited to interact with the minor applicant. The survivor, however, told the family court judge that she was ready to have the fetus aborted.
After considering all the reports, the opinion of the medical commission and the new law passed by parliament, the HC asked the medical commission, PGIMS, Rohtak, to consider whether there is a risk to the life of the petitioner in performing the termination of pregnancy. “If the board concludes that there is no risk to the applicant’s life, then the medical superintendent, PGIMS, Rohtak, will make immediate arrangements for the medical termination of the minor applicant’s pregnancy,” said ordered the high court. .
(The victim’s identity has not been disclosed to protect her privacy in accordance with the Supreme Court’s guidelines on sexual assault cases)
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