What’s in today’s article?

• Why in news?
• What is Article 142?

Why in news?

• The Supreme Court has quashed the result of the January 30 elections for the post of Mayor of the Chandigarh Municipal Corporation.
  • The apex court declared the AAP-Congress candidate as the winner instead of the previously declared BJP candidate.
  • The top court held that the presiding officer intentionally defaced eight votes, that were for the alliance candidate, to invalidate them.
• In overturning the results, the Supreme Court invoked the sweeping powers conferred on the court under Article 142 of the Constitution.

Article 142

• About
  • Article 142 provides a unique power to the Supreme Court, to do complete justice between the parties, where at times law or statute may not provide a remedy.
  • In such instances, the Court can go beyond its usual limits to settle a dispute in a way that matches the specifics of the case.
• Powers of SC under this article
  • The Art. 142 confers on the Supreme Court plenary power to pass such decree or make such order as is necessary for doing complete justice.
  • The SC can do so in any cause or matter pending before it.
  • Such orders of SC are enforceable throughout the territory of India as prescribed by any law made by Parliament or order of the President of India.
• Noticeable Use of Art. 142
  • Union Carbide Corporation v. Union of India
    • 142 remained unnoticed till the SC gave its decision in The Bhopal Gas Disaster Case.
    • In this case, SC announced a settlement and stated that all civil proceedings wherever pending were concluded in terms of settlement.
    • It quashed all criminal proceedings arising out of the disaster.
    • In this case, the court ordered to award compensation to the victims and placed itself in a position above the Parliamentary laws.
  • Babri Masjid Case
    • The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and was instrumental in the handover of the disputed land to a trust to be formed by the union government.
  • Manohar Lal Sharma v. Principal Secretary
    • The Supreme Court can deal with exceptional circumstances interfering with the larger interest of the public in order to fabricate trust in the rule of law.
• Curative Petition – An Innovative use of Art 142
  • The Supreme Court evolved the idea of curative petitions in the landmark judgment of Rupa Ashok Hurra vs. Ashok Hurra.
    • The five-judge bench observed that Article 142 of the Constitution empowers the Supreme Court to act in whatever manner they may deem fit to establish complete justice.
    • Therefore, to protect the substantive rights of the litigant, the Constitution Bench came up with the theory of a curative petition.
  • Curative petition will be entertained on strong grounds only e.g.
    • Violation of principles of natural justice.
    • Where the judge has a bias
  • It has to be certified by a senior advocate. If the bench finds that the petition is vexatious and without any merit it may impose exemplary costs on the petition.
• Controversies
  • In R.S. Naik vs A. R. Antulay – SC, using Art 142, transferred cases against Antulay pending before the special judge to the High Court.
  • In Vinay Chandra Mishra case – SC convicted Mishra for contempt of court.
    • It was not proper for SC as the power to take disciplinary action is vested in the Bar Council under the Advocates Act.
  • Cancellation of Coal Block Allocation - In 2014, the SC, using Art 142, cancelled the allocation of coal blocks granted from 1993 onwards.
    • It was the domain of executive.
• Criticism
  • On the grounds of separation of power
    • Unlike the legislature and the executive, the judiciary cannot be held accountable for its actions.
    • The power has been criticised on grounds of the separation of powers doctrine.
  • Definition of complete justice
    • It is further argued that the court has wide discretion due to the absence of a standard definition for the term complete justice.
    • Defining complete justice is a subjective exercise that differs in its interpretation from case to case.
• Limitations on Art 142
  • SC recognised that the power under Art 142 has certain limitations and fetters.
  • It held that while exercising power under this article:
    • The court should not ignore the substantive rights of a litigant under the existing law.
    • The power could not be used to supplant substantive law applicable to a case.
    • Express statutory provisions cannot be ignored.
    • It cannot exercise the jurisdiction in violation of the statute.
  • It clarified that no court has competence to issue a direction contrary to the law.
  • The courts are meant to enforce the rule of law and not to pass orders contrary to law.
  • In 2006, the apex court ruling by a five-judge Bench in ‘State of Karnataka vs Umadevi’ clarified that complete justice under Article 142 means justice according to law and not sympathy.

Q1) What is Bhopal Gas Disaster?

The Bhopal gas disaster occurred on December 2–3, 1984 at the Union Carbide India Limited pesticide plant in Bhopal, Madhya Pradesh, India. On December 3, 1984, more than 40 tons of methyl isocyanate (MIC) gas leaked from the plant. The highly toxic gas immediately killed at least 3,800 people and caused significant morbidity and premature death for many thousands more.

Q2) What is natural justice?

Natural justice is a legal term that refers to the right to a fair hearing and the rule against bias. It also includes the right to be treated without bias and the right to be heard.

Source: What is Article 142, invoked by SC to overturn Chandigarh mayoral poll results? | Mondaq | Indian Kanoon | Indian Express

What’s in today’s article?

• Why in news?
• What is digital health?
• Why is digital health important?
• What are the challenges of digital health?
• Global Initiative on Digital Health launched
• What is GIDH?
• What are the aims of GIDH?
• What are the pillars of GIDH?
• What are the strategies to be employed by GIDH?

Why in news?

• One of the three priority areas agreed upon during India's G20 presidency in 2023 was accomplished as the World Health Organization (WHO) launched the Global Initiative on Digital Health (GIDH) through a virtual platform.

What is digital health?

• Digital health refers to the use of technology, such as mobile devices, software applications, and other digital tools, to improve health and healthcare delivery.
• Basically, it is a multidisciplinary concept that includes concepts from an intersection between technology and healthcare.
• It encompasses a wide range of technologies and services, including telemedicine, electronic health records, wearable devices, health information exchange, and more.
• India’s CoWIN, UNICEF’s RapidPro and FamilyConnect etc. are few notable examples of digital health initiatives.
  • The real-time information platform, RapidPro, is a core solution in UNICEF’s digital health portfolio.
  • UNICeF’s FamilyConnect sends targeted life cycle-based messages via SMS to pregnant women, new mothers, heads of households etc.

Why is digital health important?

• Empowers patients
  • Digital tools are giving providers a more holistic view of patient health through access to data and giving patients more control over their health.
  • Hence, it empowers patients to make better-informed decisions about their own health.
    • E.g., wearable devices can monitor vital signs and provide real-time feedback to patients and clinicians.
• Treatment of disease
  • Digital health tools provide new options for facilitating prevention, early diagnosis of life-threatening diseases, and management of chronic conditions outside of traditional health care settings.
• Other benefits
  • Reduce inefficiencies; Improve access; Reduce costs; Increase quality, andMake medicine more personalized for patients.
• Support overall universal health coverage targets
  • Digital health is a great enabler in delivery of healthcare services and has the potential to support overall universal health coverage targets.
    • This is because it can ensure availability, accessibility and affordability, and equity of health services.
    • For example, telemedicine allows patients to connect with healthcare providers remotely.

What are the challenges of digital health?

• Equitable access
  • Universalization of digital health and enabling of equitable access to healthcare services across the world, particularly for low- and middle-income countries is challenging.
  • The issue of accessibility becomes more daunting against the backdrop of low digital literacy and low-level of internet penetration.
• Ethical Challenges related to privacy, security and data ownership
  • The increasing digitization of healthcare and the growth of mobile and IoT devices as data collection tools raises many ethical issues.
  • One commonly recurring theme relates to the exact nature of the role of consumer tech companies, such as Amazon, Apple etc. who have all entered the digital health domain.
  • Such companies offer solutions for collecting, storing and analysing health data which raises issues relating to privacy, data protection and informed consent.
  • Analysts also raise ethical concerns relating to data ownership.
• Ethical challenges related to regularisation of digital health technologies
  • The growth of apps and technologies developed for a consumer market blurs the lines between what is medical and non-medical devices.
  • Hence, it raises ethical challenges relating to how to regularize such technologies.
• Data management
  • Due to the massive amounts of data collected from a variety of systems that store and code data differently, data interoperability is an ongoing challenge.

What is GIDH?

• GIDH is one of the key deliverables of India’s G-20 Presidency.
• It will consolidate the evidence and amplify recent and past gains in global digital health while strengthening mutual accountability to enhance the impact of future investments.
• GIDH will be a WHO Managed Network (“Network of Networks”) that will promote equitable access to digital health.
  • It will do so by sharing digital goods and knowledge.
• The GIDH will ensure inclusivity, integration, and alignment of healthcare goals by not leaving anyone behind.

What are the aims of GIDH?

• ALIGN efforts to support the Global Strategy on Digital Health 2020–2025;
• SUPPORT quality assured technical assistance to develop and strengthen standards-based and interoperable systems aligned to global best practices, norms and standards;
• FACILITATE the deliberate use of quality assured digital transformation tools that enable governments to manage their digital health transformation journey.

What are the pillars of GIDH?

• It will have four pillars:
  • investment tracker; ask tracker to track technologies the countries need; a library of available digital tools, and a platform for knowledge-sharing to implement these technologies at scale.
• 

What are the strategies to be employed by GIDH?

• The GIDH will bring countries and partners together to achieve measurable outcomes by:
  • developing clear priority-driven investment plans for digital health transformation;
  • improving reporting and transparency of digital health resources;
  • facilitating knowledge exchange and collaboration across regions and countries to accelerate progress;
  • increasing technical and financial support to the implementation of the Global Strategy on Digital Health 2020–2025 and its next phase.

Q1) What is CoWIN?

CoWIN stands for COVID Vaccine Intelligence Network. It is an online platform developed by the Indian government to facilitate the efficient and transparent distribution of COVID-19 vaccines across the country. The CoWIN platform provides several features, including vaccine registration, appointment scheduling, and vaccination certification. 

Q2) What is UNICEF’s FamilyConnect ?

UNICEF's FamilyConnect is an innovative mobile application designed to provide pregnant women and new mothers with the information and support they need to ensure the health and wellbeing of their babies and themselves. The app provides a range of features, including personalized pregnancy and postnatal care guidance, health tips, nutrition advice, and parenting resources.

Source: WHO launches digital health platform agreed upon in India’s G20 presidency | PIB | World Health Organisation

What’s in Today’s Article?

• Why in the News?
• Background
• About Muslim Women (Protection of Rights on Divorce) Act, 1986
• What is Section 125 of the Criminal Procedure Code (CrPC)?
• Prior Judicial Precedents

Why in News?

• The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code (CrPC) against her former husband.

Background

• A Muslim man had challenged a Telangana High Court direction to pay ₹10,000 interim maintenance to his former wife.
• He contended that maintenance in this case will instead be governed by the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
• He told the Supreme Court that the Telangana HC had failed to appreciate that the provisions of the 1986 Act, which is a Special Act will prevail over the Provisions of section 125 CrPC which is the general Act.
• The Supreme Court while hearing the petition by the Muslim man observed that the 1986 Act does not say that a divorced Muslim woman cannot file a petition under Section 125 of the CrPC, 1973.
• The Court has reserved decision on the question as to which of these two laws would prevail.

About Muslim Women (Protection of Rights on Divorce) Act, 1986

• The 1986 Act is a religion-specific law that provides for a procedure for a Muslim woman to claim maintenance during divorce.
• It was enacted to essentially nullify the Supreme Court's 1985 decision in the case of Mohd. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman's right to seek maintenance from her divorced husband under Section 125 of the CrPC.
  • The verdict was, however, perceived by many to be an affront to religious personal laws.
• Section 3 of the 1986 Act guarantees the payment of maintenance to a divorced Muslim woman by her former husband only during the period of iddat.
  • Iddat is a period, usually of three months, which a woman must observe after the death of her husband or a divorce before she can remarry.
• Such an amount shall be equal to the amount of mahr or dowry given to her at the time of her marriage or any time after that.
• After the completion of the iddat period, a woman can approach a first-class magistrate for maintenance in case she has not remarried and is not in a position to take care of herself financially.

What is Section 125 of the Criminal Procedure Code (CrPC)?

• Section 125 of CrPC lays down a Secular law for the maintenance of Wife, Child or Parents.
• It is a legal provision that allows certain categories of individuals to claim financial support from their spouses or children, as the case may be, in the event they are unable to maintain themselves.
• This section helps giving monetary assistance to the vulnerable avoiding situations like Vagrancy and Poverty.

Prior Judicial Precedents

• The Allahabad High Court, in multiple judgments, has reaffirmed a divorced Muslim woman’s right to claim maintenance under Section 125 of the CrPC even after the completion of the iddat period as long as she does not marry.
• In Mujeeb Rahiman v. Thasleena (2022):
  • A single judge of the Kerala High Court observed that a divorced Muslim woman can seek maintenance under Section 125 of the CrPC until she obtains relief under Section 3 of the 1986 Act.
  • Such an order will remain in force until the amount payable under Section 3 is paid.
• Noushad Flourish v. Akhila Noushad (2023):
  • A Muslim wife who effected her divorce by the pronouncement of khula (divorce at the instance of, and with the consent of the wife) cannot claim maintenance from her husband under Section 125 of the CrPC.

Q1) What is the Shah Bano case?

The Shah Bano case was a pivotal legal matter that had substantial consequences for the rights of Muslim women. It raised important questions about support and the rights of women. This case centred on Shah Bano's request for financial support from her husband under Section 125 of the Code of Criminal Procedure.

Q2) What does Right to Equality mean?

The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status.

Source: SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained  | IE

What’s in Today’s Article?

• Why in News?
• What is Cartelisation?
• What is Leniency Plus?
• Significance of the Leniency Plus Regime

Why in News?

• The Corporate Affairs Ministry (MCA) has notified the introduction of the ‘Leniency plus’ regime, which is already recognised in jurisdictions like the UK, US, Singapore and Brazil.
• This will pave the way for the Competition Commission of India (CCI) to roll out a new Cartel detecting tool that is expected to revolutionise Anti-Trust enforcement in the country.

What is Cartelisation?

• According to the CCI, cartelisation is a practice in which a group of competitors (manufacturers, sellers, distributors, etc.) form an agreement to limit competition.
• It reduces output while increasing prices, driving customers out of the market (if they refuse to pay a higher price) and unknowingly transferring wealth (if they want to pay).
• A cartel protects its members from full market exposure, which reduces costs while harming overall economic performance and innovation.
• Cartels vs monopoly: A monopolist completely dominates a particular market (since there is no rival), whereas cartels are formed (with the goal of limiting competition) to dominate the market.
• The Competition Act of 2002 intends to foster and preserve market competition, safeguard consumer interests, and secure market players' freedom to trade.
  • It created the CCI to eliminate practices that harm market competition.
• The Competition (Amendment) Act 2023 codifies cartel facilitators' liabilities. The CCI can now impose fines of up to 10% of an enterprise's entire global turnover.

What is Leniency Plus?

• Leniency plus is a proactive antitrust enforcement strategy aimed at attracting leniency applications by encouraging companies already under investigation for one cartel to report other cartels unknown to the competition regulator.
• The benefit of such disclosure would be a reduction of the penalty in the first cartel for the individual sharing the information, without prejudice to the company receiving a lower penalty for the newly disclosed cartel.
• While the Competition (Amendment) Act 2023 provides a framework for CCI to deal with leniency or lesser penalty applications, it until recently did not recognise leniency plus.

Significance of the Leniency Plus Regime

• The CCI had (in October 2023) issued draft Lesser Penalty regulations.
  • The draft regulations offer leniency applications in an ongoing cartel inquiry the incentive to disclose the details of another unrelated cartel.
• Under leniency plus, an applicant who has filed an existing lesser penalty (LP) application, and who makes full, true and vital disclosures in respect of the existence of a second cartel is eligible -
  • To receive an additional reduction in monetary penalty of up to 30% in the first cartel.
  • The applicant would also get a reduction of penalty of up to or equal to 100% in respect of the newly disclosed cartel.
• A leniency plus regime is expected to further incentivise applicants to come forward with disclosures regarding multiple cartels, thereby enabling the CCI to save time and resources on cartel investigation.
• This will give the CCI the requisite tools to focus their enforcement efforts at successfully prosecuting cartels which have a direct impact on the economy and consumer welfare.

Q1) What is the Competition Commission of India (CCI)?

The CCI is a statutory body within the Ministry of Corporate Affairs and is responsible for enforcing the Competition Act 2002 to promote competition and prevent activities that have an appreciable adverse effect on competition in India.

Q2) Why was the Competition (Amendment) Act 2023 enacted?

The Competition (Amendment) Act 2023 aims to bring the antitrust law in India at par with changing Indian and global markets. The amendments aim to strengthen competition regulation, streamline operations, and foster a business-friendly environment.

Source: MCA unveils ‘Leniency Plus’ regime to crack down on cartels