NEET 2024: The Comedy of Errors
In an unprecedented series of events, the NEET 2024 Undergraduate Exam has unfolded like a grand tragicomedy, questioning the very sanctity of the exam, straining students to their limits, diluting educational quality, misapplying resources, and exposing systemic fallacies. Government roles and judicial interventions have only added to the dramatic flair. Here's a satirical take on the chaos.
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.
Medical negligence is an offence that needs to be adjudicated per exemptions provisions.
The Hon’ble Supreme Court in its recent judgment has extensively reviewed earlier Judgments on medical negligence to highlight how the emerging jurisprudence, taking cognizance of exemption clauses in Indian Penal Code (now Bhartiya Nyaya Sanhita 2023) has virtually decriminalized medical negligence.
A comparative analysis of services rendered by Doctors and Advocates to their clients in relation to Consumer Protection Act
In the recent case related to inclusion/exclusion of legal services within the purview of the CP Act it was observed by the Bench that the service rendered by the Advocates practicing Legal Profession could be said to be the Service under “a contract of personal service,” so as to exclude it from the definition of “Service” contemplated under the Act. Medical community feels that when same arguments are applied to doctors as medical professional their services may also be considered under the category of "Contract of personal service"
A Comparative Analysis of Doctors and Lawyers as Professional in relation to inclusion of their services in the ambit of CP Act
There was not a whisper in the statement of objects and reasons either of the CP Act, 1986 or 2019 to include the Professions or the Services provided by the Professionals like Advocates, Doctors etc. within the purview of the Act. It is very well accepted proposition of the fact that Professionals could not be called Businessmen or Traders, nor Clients or Patients be called Consumers. It is also required to be borne in mind that the terms ‘business’ or ‘trade’ having a commercial aspect involved, could not be used interchangeably with the term ‘Profession’ which normally would involve some branch of learning or science. Profession as such would require knowledge of an advanced type in a given field of learning or science, or learning gained by a prolonged course of specialized study.Medical community feels that the broad submissions made by the learned Senior Counsels in the case related to inclusion of legal services in the ambit of Consumer Protection Act apply to doctors too. We have tried to compare submissions made by counsels of lawyers in the case with the views of medical community
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.
The Cleanup of the System Through Action Against Baba Ramdev: A Step Towards Accountability
The hope is that actions taken against Baba Ramdev and Patanjali will extend control over all who exploit the health of vulnerable populations under the pretext of religious sentiments. Attempts by Baba's supporters to divert attention into an Ayurveda versus modern medicine debate are utterly condemnable and unjustifiable. No rational person would view it as a clash between two medical systems. Regardless of the medical approach, promoting unscientific remedies and baseless information is both unacceptable and illegal.
A Father's Commitment: Doctor and Daughter Conquer NEET Together
Dr. Prakash Khaitan's unique approach to motivate his daughter, Mitali, by preparing for and appearing in the NEET (UG)-2023 exam with her is a testament to the extraordinary bond between a parent and a child. It shows that with determination, hard work, and a supportive family, one can overcome any challenge and achieve remarkable success.
Related Posts
-
Ayushman Bharat :A Critical Appraisal
15 Sep 2024 -
-
-
-
