Judicial activism and retributive justice
The recent National Consumer Disputes Redressal Commission’s judgment on fetal sonography is a blatant example of judicial activism and retributive justice. The inherent limitations of the Level 2 sonography to detect limb defects have to be considered before making it a mandatory test and saddling the sinologist with negligence if he fails to detect it.
Statutory interpretation of Consumer Protection Act 2019: Professions, Legal and Medical, are not and cannot be included in the Act
Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of ‘literal construction’ in the overall ‘context of scheme, scope and professed purpose’ of the Act, and applying various Rules of construction, the judiciary elucidates the likely intent of the Parliament. The principal aim of the judicial construction is the “Intent of the Parliament.” Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion.
The Unintended Consequences of Including Healthcare Services in Consumer Protection Laws
The inclusion of healthcare services within the ambit of consumer protection laws has ushered in unintended consequences, fundamentally altering the landscape of healthcare delivery. Here are some key reasons why this approach has proved to be counterproductive for society. The inclusion of healthcare services into consumer protection laws has yielded adverse effects, undermining access to quality care, jeopardizing the livelihoods of healthcare professionals, and diverting attention from addressing systemic inefficiencies. As we navigate the complexities of healthcare regulation, a balanced approach that prioritizes accountability while safeguarding the integrity of healthcare delivery is imperative.
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