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Hoarding and Black Marketing of COVID Vaccine and Live Saving Drugs

Today’s topic is one of the most trending and important topics over 2 years – Hoarding and Black Marketing of COVID Vaccine and Live Saving Drugs. Mohsin khan is an Alumnus of Faculty of law, Jamia Millia Islamia. He has a keen Interest in Tax Law. #TuneIn as Mohsin explains the Issue of GST on Vaccines and Covid Drugs/ life-saving drugs.

Lifesaving drugs includes vaccine and other important drugs that may become important depending on their need during an outbreak of disease or virus such as COVID. The supply of life saving drugs is taxable under Section 7 of the CGST Act 2017.

He highlights the recent GST council meetings held and the contentions raised in the PIL on the said issue. #Tune in to watch the video on the Hoarding of essential commodities, remedies and prosecution by Mohsin Khan, Alumni of Faculty of law, Jamia Millia Islamia. Watch Mohsin explain the Issue of GST on Vaccines and Covid Drugs/life-saving drugs. During the second wave of the pandemic, the need for proper regulation of COVID-related drugs and vaccines was highlighted.

Lifesaving drugs include vaccines and other important drugs that may become important, depending on their needs during an outbreak of diseases or viruses such as COVID. The supply of these lifesaving drugs is taxable under Section 7 of the CGST Act 2017. He also highlighted the GST council meetings, decisions on these essential commodities and the contentions raised in the PIL on this issue.

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Mental Health Stigma in Legal Profession | #LetsGetReal

Watch now LawWiser’s panel discussion – Mental Health Stigma in the Legal Profession. Our speakers include – Chris Parsons, Chairman, India Practice and Mental Wellbeing Champion at Herbert Smith Freehills; Dr. Milind Antani, Leader – Pharma, Healthcare, and Digital Health at Nishith Desai Associates; and Seb Jauslin, Founder of SebJauslin.com, Lawyer turned Therapist.

Moderated by Jigyasa Tandon – Mental health educator and counseling psychologist, this discussion helps us understand mental health within the context of the legal profession. Chris and Seb share personal experiences of burnout, stigma, and socio-cultural factors.

Dr. Antani further talks about the steps taken within NDA towards the mental well-being of its people.

The speakers cover different aspects such as:

– The stigma surrounding mental health in the legal profession

– The relationship between law and mental health

– Helpful ways in which people can take care of themselves in mental health distress

A big thank you to Nishith Desai Associates for supporting our belief that this dialogue around mental health is important to initiate.

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Hoarding of Essential Commodities – Remedies and Prosecution

#Tune in to watch the video on Hoarding of essential commodities, remedies and prosecution by Vareesha Irfan, 4th year law student at Faculty of Law, Jamia Millia Islamia.

She explains the concept of prevention of hoarding of essential commodities in the light of Essential Commodities Act and Prevention of Blackmarketing and Maintenance of Supply of Essential Commodities Act.

She highlights the essential provisions of these laws in relation to the penalty for hoarding of essential commodities in India and the relevant guidelines and safeguards for preventive detention in such cases. She also takes us through the judgement of the Supreme Court with respect to the CoVID-19 drugs being the essential commodities in the wake of the Pandemic.

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Right To Be Forgotten (RTBF) | Quick bites| LawWiser

The world has become digital and the background of any person can now be easily accessed on the internet with no assurance of such data being authentic. The Right to be forgotten is the right to have personal information available publicly of a person removed from the internet, websites, databases, or any other public platform so that search engines cannot find them. It is an inherent aspect of the Right to privacy and the right to life.

It has been recognized as a statutory right in the European Union under General data protection regulation. But in India, no specific laws and regulations are surrounding it. Personal Data protection bill, 2019, recognizes right to be forgotten. Section 20 of the PDP bill says that the person who generates the data or to whom the information pertains can rightfully ask to restrict or prevent the continuing disclosure of their personal data.

The Central government is also in the process of finalizing the data protection bill which is expected to effectively protect the privacy of individuals. There are some issues with RTBF like- Right to be forgotten sometimes may conflict with the right to information and it can affect freedom of press. But it is not an undeniable fact that the time has come to properly acknowledge this right while balancing the issues related to it.

Recently, there has been an increase in the number of RTBF applications before the courts which highlights the essential need for the parliament to enact a proper statute and mechanism governing RTBF in the country.

In this video, Avani Shukla of LawWiser explains what ‘Right to be forgotten’ means and takes us through important judgments on this law. She also talks about important laws covering the right to be forgotten, issues related to this right, and the need for proper mechanisms surrounding it in our country.

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Sedition Law (Section 124A-IPC) – Overview

WHAT IS SEDITION LAW?

The Sedition law in India is considerable for those who oppose the government or any political party.

This law prohibits people from participating in any action which the government may conduct against their will.

Reason for Being Careful

With the sedition law in India.

People are unexpectable to do any activity that-

-Violates the Constitution of India or the Basic Principles of State Policy.

Any individual who refuses to follow these principles and laws falls under the sedition laws of India.

There are many reasons as to why one should be careful about the laws of Sedition.

India has been fighting international terrorism ever since the country gained independence from the British.

The people have always been worried about their country’s security, so they have given a lot of importance to this law, i.e. sedition law.

According to the sedition laws, anyone can invite worry for any activities that oppose the government policy.

The prominent role that the police department plays is monitoring all the organizations working against the government’s interests.

The Concern

The main reason why the people are bother able about the sedition law is because –

-They feel that the state is suppressing their rights.

The implementation of the anti-terrorism act has stopped most of the terrorist activities happening in the country.

All the laws related to the country’s constitution and the functioning of the government are under attack by the opposition.

The prime minister of India has been threatenable by the opposition for trying to implement the anti-terrorism act.

They have also filed numerous cases against the government on various counts. Due to all these things, the government is taking preventive measures to implement the anti-terrorism act properly.

There is hardly any communication between the centre and the states. When the central government says that it will take care of a state, the state government immediately objects.

It leads to a deadlock in the system, and the government has started fearing for their safety.

The government is also tensed of the misuse of police power by the bureaucracy.

All the problems that have been mentionable above have made the government very nervous, and this is one reason why they are implementing the Sedition law in India with great caution.

SEDITION,LAWS AND JUDGEMENT

The Sedition law in India is also known as the Indian anti-federalism act.

The British government many years back realized it, but it was never implementable.

Under Section 124A of IPC, the offence of Sedition is committed when any person by words or otherwise brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government regulated by law.

It was comprehendible in the constitution when the central government realized that the Hindu religion and the Government of India were under threat from fundamentalism.

There have been some judgments related to the sedition law, which many people still read.

The Supreme Court passed one such judgment in 1996, in which the Supreme Court quoted, “Sedition can only be practicable in rarest of rare cases when the security and integrity of the nation are under threat.

The Supreme Court even dismissed the PIL filed by Faruq Abdulla when he talked about the restoration of article 370.

The main goal of government

The main goal of the Indian government is to increase the literacy rate and maintain the economic growth level so that the national integrity of the country remains unharmed by any acts which violate peace and harmony within the country.

With this view in mind, the government has banned all books that do not fall in the purview of this act.

According to the news reports, many private schools in India are violating the Sedition law in India.

As they have been primarily comprisable in the protests of CAA, NRC etc.

There are various other laws, which have been comprehendable in the constitution to protect the citizens from all forms of injustice.

According to the news reports, thousands of crimes are committable based on religion.

Earlier in 2021, the riots broke out in eastern cities like Kolkata, Mumbai and New Delhi. It was mainly Muslims who rioted, but now the situation has changed. The Central and Southern states have been overblown by the riots comprising of Sedition.

They have seen communal tension spreading like wildfire.

It has forced the Indian government to declare state of emergency in all the cities and towns and has included Sedition in illicit activities.

Conclusion

As the government is conscious and careful regarding the integrity and peace of the nation.

The Supreme Court must be very aware concerning their decision on the acts of Sedition and take specific measures

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Journey Of a Civil Case (procedure), Part – 1

Watch this video where Srirupa of Lawwiser talks about the Journey of a Civil Case Process Right from institution, there are several steps that follow before the final arguments are heard and the case is disposed of. In Part 1 we shall talk about the that any civil case must follow upon institution.

A Plaint is the written complaint or allegation. The person filing it is the “Plaintiff” and the person against whom it is filed is a “Defendant” in the case.

We then talk about the Vakalatnama which is a written document, through which the person/party filing the case authorizes an Advocate/Lawyer to appear in court on their behalf. However a person/party filing a case, may also appear in person.

Filing of plaint is done before the before Chief Ministerial Officer after paying appropriate court fee.

We also talk about what happens when the Court issues notice in a case.

#Staytuned for part 2 where we shall consider what happens once the written statement is filed by the Defendant.

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Abuse of Dominant Position in India

Watch this video of U-Special on Abuse of Dominant Position in India LawWiser in collaboration with Jamia Milia Islamia featuring, Aamin Bint Khurshid, student at Faculty of Law, Jamia Millia Islamia. #TuneIn to this video to get a quick and crisp overview of the subject.

Aspects such as Section 4 of the Competition Act, 2002. The factors that determine dominant position, the ‘Relevant Geographic Market’, the types of dominant position, powers of the competition commission (CCI) and remedies available under the act have been covered in the video.

#LawWiserSpecials #LawExplained #Law2021 #ViralLaw #LawStudent #Uspecial #lawschool #universityoflaw #CompetitionAct #CCI #competitioncommission #jamiamilliaislamia #jamian #legalknowledge

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Electricity Rules, 2020 (Rights of Consumer)

Watch this video with LawWiser as Vineet Bose, Senior VP – Legal And General Counsel, Nuvoco Vistas Group, takes us through the important aspects of the Electricity (Rights Of Consumers) Rules, 2020.

In this video Vineet has discussed the changes in the legal landscape with the introduction of these rules in December last year. He also compares it with pre-existing legislations such as the Consumer Protection Act. He has also covered some of the technical aspects of the rules such as- the provision of mandatory gross metering for rooftop solar projects. The effect that these rules will have on the industry such as impact on distribution companies in the Roof top-Solar Industry. Further covering how it will impact Employment, Procurement and Construction Developers.

Introduction

Electricity has always been a concern for the people living all across the globe, as electricity is one of the significant resources that we require to sustain our lives in today’s era. With that, in India, Electricity Rules India were introduced to serve the basic needs of people.

Electricity Rules, 2020 and Rights of Consumer

After several rounds of discussion and thoughts, the ministry of power has issued electricity rules 2020 (rights of consumers) to make it easy for the consumers to accessibility of their rights

  1. New connections- This segment emphasis on the delayed billing and incorrect metering issues that have been there in the news for a very long time.
  2. Compensation to consumers- As history has been evident that consumers have faced “N” no. of difficulties; the ministry has now clarified that a particular compensation will be provided for the non-supply or interrupted electric supply.
  3. Online payment of bills- As online transactions have become a trend, bills of over Rs 1000 will be paid online, and consumers will be further incentivized for it.
  4. Consumer grievance redressal forum- The forums have been introduced for quick solutions to consumers’ problems, with 2-3 representatives of consumers at different levels.

The right of consumers in electricity rules 2020 is a clear indication of the responsibility of the power sellers to ensure seamless power connections for the consumers.

 

Certain obligations of DISCOM

  1. DISCOM is authorized to publish a detailed procedure for the grant of connection and other requirements related to the shifting of meters for several purposes.
  2. DISCOM is also now allowed to check meters within 30 days.

DISCOM is thus evidently responsible for the rights of consumers in the electricity rules, 2020.

The government has also recently launched a new scheme called’ Neighborhood Energy’ to fulfil the necessary needs. This scheme provides money to consumers so that they can save energy. The National grid companies, who are the primary power sellers, have designed it.

It aims to provide electricity to the homes in the neighbourhood and encourage other consumers to save energy.

In a way, the consumers are helped through this scheme as well as the energy providers.

The consumers and the power sellers should work in partnership to improve the environment and improve their efficiency in the electricity sector.

In this way, it will reduce the load on the environment and make it possible to generate more energy for the community.

Electricity suppliers are now using clean energy resources to generate electricity, and this is one reason why consumers are always happy when they hear such news.

The competition between the different suppliers helps to keep prices down to a certain level. However, consumers should check out the deals offered by other suppliers. They should always opt for those plans which are most feasible for them.

Conclusion

Understandably, the rights of consumers under the electricity rules 2020 have been prioritized. However, still, a lot depends upon the successful implementation of the regulations by the authorities.

The consumers and the power sellers should work in partnership to improve the environment and improve their efficiency in the electricity sector.

In this way, it will reduce the load on the environment and make it possible to generate more energy for the community.

Consumers should also keep an eye on the reviews given by other consumers to make the best decision.

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Types of Legal Professionals – Quick Byte

Watch this video from our quick bytes series in which, Srirupa Nag of LawWiser talks about the difference between commonly heard terms used for legal professionals.

 

It’s super interesting because it’s one of those subjects that displays the uniqueness of the Indian legal system despite being of common law import.

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The Conundrum of Compliance – In Conversation

For the success of any business, having a robust compliance mechanism is very crucial. This discussion helps us understand the ambit of compliance, risk management, and the regulations involving statutory, internal and anti-corruption compliance. The speakers from their experiences as in-house counsel and as an external advisor share the distinctions between the different sets of compliance including statutory compliances, anti-bribery and anti-corruption (ABAC) among others.
 
#Featuring Parvez Memon, Senior Partner, MZM Legal Saloni Tuteja, Director – Legal (South ASIA), Zimmer Biomet Sania Husaini, LawWiser Watch this interesting conversation focusing on The Conundrum of Compliance featuring Parvez Memon, Senior Partner, MZM Legal, and Saloni Tuteja, Director – Legal (South Asia), Zimmer Biomet.
 
Lastly, they also highlight the challenges faced due to continuous changes in the regulations, and the impact which lack of expertise and management unawareness have on the compliance process.
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