Supreme Court Recommends Re-consideration of the Principle of Law that makes Doctors liable under the Consumer Protection Act.

On 14th of May, 2024 the bench of Justices Bela Trivedi and Pankaj Mithal of the Hon’ble Supreme Court pronounced a verdict that advocates cannot be held liable under the Consumer Protection Act.

In a major development,Justice Trivedi opined that its 1995 judgment in the case of Indian Medical Association v VP Shantha, which brought medical professionals under the Consumer Protection Act, required reconsideration.

“Having said that we have opined that the decision in Indian Medical Association v VP Shantha’s (1995) 6 SCC 651 deserves to be revisited and we have requested the CJI to refer it to the larger bench for re-consideration.,” said Justice Trivedi while reading
the verdict.

“We have distinguished profession from business and trade. We have said that a profession would require advance education and training in some branch of learning or science. The nature of work is specialisation and skill, substantial part of which is
mental than manual. Having regard to the nature of work of a professional, which requires a high level of education and training and proficiency, and which involves skill and specialised kind of mental work operating in specialised spheres, where actual success depends on various factors beyond one’s control, a professional cannot be treated equally or at par with a businessman or a trader or a service provider of products or goods,” Justice Trivedi stated.

Based on the above, the Hon’ble Supreme Court has requested the CJI to consider placing it before a three-judge bench for an overview.

Supreme Court’s Recent Directions on the Implementation Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. (“POSH Act”)

The Hon’ble Supreme Court of India has recently issued a landmark judgment in the  case of Aureliano Fernandes Vs. State of Goa and Others, highlighting the  importance of effective implementation of the Sexual Harassment of Women at  Workplace (Prevention, Prohibition and Redressal) Act, 2013. (“POSH Act”)

The Hon’ble Supreme Court also issued a number of directions to the Union of India,  State Governments, and Union Territories to ensure effective implementation of the  POSH Act. These directions include:

1. All concerned Ministries, Departments, Government Organizations,  Authorities, Public Sector Undertakings, Institutions, Bodies, etc., must  constitute Internal Committees (ICs) or Local Committees (LCs), as the case  may be, in accordance with the provisions of the POSH Act. 
2. The composition of ICs/LCs must be strictly in terms of the provisions of the  POSH Act.. 

3. Information regarding the constitution and composition of ICs/LCs, details  including email IDs and contact numbers of the designated person(s), the  procedure prescribed for submitting an online complaint, as also the relevant  rules, regulations and internal policies must be made readily available on the website of the concerned authority/ functionary/ organization/ institution/ body, as the case may be. 

4. Authorities/managements/employers must take immediate and effective steps  to familiarize members of the LCs/ICs with their duties and the manner in  which an inquiry ought to be conducted on receiving a complaint of sexual  harassment at the workplace, from the point when the complaint is received,  till the inquiry is finally concluded and the report is submitted. 
5. Authorities/management/employers must regularly conduct orientation  programmes, workshops, seminars and awareness programmes to upskill  members of LCs/ICs and to educate women employees and women’s groups  about the provisions of the POSH Act, the rules and relevant regulations. 

The recent ruling and directives from the Supreme Court mark a pivotal advancement  in the battle against workplace sexual harassment. It’s evident that the Court is  committed to enforcing the POSH Act rigorously and safeguarding women’s rights in  the workplace.