Navigating the Web: A Consumer’s defence Against Dark Patterns

Navigating the Web: A Consumer’s defence Against Dark Patterns

by | Feb 11, 2024 | Guest Column

Navigating the Web: A Consumer’s defence Against Dark Patterns

Consumers are finding themselves in a wide online landscape in an era of digital convenience. Although there are many advantages of the internet, it is important to stay vigilant against such practices commonly referred to as dark patterns. These subtle design choices alter consumer behaviour, often leading to unintended effects.

                                                                                                                 Rinki Sharma

The Ministry of Consumer Affairs, Food and Public Distribution has released directives addressing the prevention and oversight of dark patterns. These guidelines target deceptive design practices that manipulate users, compromising their autonomy and decision-making. Applicable to all platforms offering goods or services in India, along with advertisers and sellers, the regulations fall under the jurisdiction of the Central Consumer Protection Authority (CCPA), established by the Consumer Protection Act, 2019. 

The guidelines explicitly forbid any individual or platform from employing dark patterns. They enumerate prohibited practices, such as false urgency, basket sneaking, and forced actions. Non-compliance with these guidelines may result in penalties. These measures are designed to safeguard consumer rights and ensure fair and transparent interactions in the marketplace.

Understanding Dark Patterns: These are user interface design tricks that can be used to direct users in taking actions that they possibly would not have taken willingly.

  • False urgency: Displaying “Limited time offer, only 1 item left!” to pressure users into quick purchases.
  • Basket sneaking: Automatically adding accessories to the cart during online shopping without user consent.
  • Confirm shaming: Using prompts like “Are you sure you want to miss out on this amazing deal?” to guilt users into accepting offers.
  • Forced action: Requiring users to provide personal information before allowing them to exit a website.
  • Subscription trap: Offering a free trial that automatically converts into a paid subscription without clear notification.
  • Interface interference: Placing misleading pop-ups or buttons that divert users to unintended pages.
  • Bait and switch: Advertising a product at a low price but substituting it with a higher-priced alternative.
  • Drip pricing: Showing a base price for a product and gradually adding taxes, fees, and shipping costs during the checkout process.
  • Disguised advertising: Incorporating promotional content seamlessly into an article, making it look like genuine information.
  • Nagging: Continuously prompting users with pop-ups to sign up for newsletters or notifications.

Do’s:

  • Take the time to carefully review all information before making any online transactions. It is crucial to be thorough and informed. 
  • Stay vigilant for any potential hidden costs before finalizing a transaction. Transparent pricing information is key to building trust and credibility online. 
  • Be aware of subscription terms, billing cycles, and cancellation policies to avoid any surprises. Understanding these details empowers consumers to make informed decisions.
  • Take control of your privacy settings on online platforms. By limiting data sharing, you can protect your personal information from unnecessary exposure.
  • When making online purchases, opt for well-established and reputable websites. This adds an extra layer of security to your online transactions.

Don’ts:

  • Consumers should resist the urge to rush through transactions. Taking the time to understand agreements and scrutinize details prevents impulsive decisions.
  • Suspicious pop-ups, especially those urging quick actions, should not be ignored. Verifying the legitimacy of pop-ups ensures protection against potential traps.
  • To ensure safety and security, it is important for users to verify the authenticity of email senders before responding to urgent messages. By avoiding blind trust, individuals can protect themselves from falling prey to fraudulent emails. 
  • Reacting hastily to urgency tactics can lead to regrettable decisions. By resisting the pressure to make impulsive choices, consumers can guard themselves against online scams. Protecting personal data starts with being mindful of the information shared online.
  •  Limiting the disclosure of unnecessary details during transactions is crucial in safeguarding sensitive information. 

By staying informed and making wise choices, individuals can empower themselves against online manipulation. Practicing caution and following best practices can equip consumers with the confidence and security needed to navigate the digital landscape. Your Online Safety Matters!

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Questions and Answers February 2024

Questions and Answers February 2024

by | Feb 10, 2024 | Legal

Questions and Answers February 2024

Question 1: Can more than one consumers aggrieved in the same manner? Law? (Chander Prakash Nagar 9414538685)

Answer: Yes Can file complaint together by number of consumers as ‘class action’ or ‘joint complaint’

 Sec 2(v) ‘complainant’ one or more consumers, where there are numerous consumers having the same interest

  1. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by-

 (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested;

Sec 18 (1) (a) 

Central Consumer Protection Authority (“Central Authority“) under Section 18 (1) (a) to “protect, promote and enforce the rights of consumers as a class”

Question 2: Adjournments time and again for 6 months inspite of Written Arguments filed by the complainant, What Remedy? (बिहार पटना)

Facts. Noting by court on 26.12.2023 as hereunder:

(बिहार पटना) 

उभय पक्ष उपस्थित .अभिलेख के आकलन से ज्ञात होता है की विपक्षी द्वारा हर बार समय मांग किया जा रहा है जबकि वादी प्रत्येक तिथि पैर उपस्थित रहते है और उनके द्वारा लिखित बेहेस भी दाखिल किया जा चूका है.ऐसी स्थिति में विपक्षी जब तक ६००/-रूपया कास्ट की राशी जमा नहीं करत तब तक उसकी बहस स्वीकार नहीं की जाएगी अगली तिथि 2.2.2024 

नोटिंग  2.2.2024 

अगली तिथि 13.5.2024.

Answer:

Write to Ministry of consumer affairs Govt of India, State Consumer commission and Nation consumer commission with the notings made for adjournments 

Court should have heard complainant’s arguments proceeding OP ex party and reserve the order, cost could be added with the order.

Question 3: Can there be an appeal against order on appeal, another appeal under CP Act? (Sidharaja Mysore ,Karnataka)

Answer: There is no provision of second appeal under the Act   

Section 21(b) in the Consumer Protection Act, 1986

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

It is pertinent to mention that the same provision exists now in the new Act Consumer protection act 2019 too 

58 (1) (b) in Consumer Protection Act 2019 

“To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity”.

Case Law: Sunil Kumar Maity V/s State Bank of India and Anr. .civil appeal 432 of 2022 decided on 21th Jan 2022

“It is needless to say that the revisional jurisdiction of the National Commission under Section 21(b) of the said Act is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity.’

Question 4: According to RERA regulations, the builder bears the responsibility of covering maintenance costs for unsold apartments. Should the society be accountable for the maintenance fees of 35 unsold flats when the entire building, comprising 230 flats, has been handed over to the society? (Mr Patel)

Answer: When the entire building, including the unsold 35 flats, is transferred to the society, these unsold flats now belong to the society as the owner. While the builder may not retain ownership of these flats, it’s plausible that adjustments in accounts have been made, considering the construction and unsold flat costs.

Under these circumstances, occupants are not obligated to pay monthly maintenance charges for the unsold flats. The expenses for common areas, electricity, plumbing, and other communal services are to be covered from the collective funds belonging to the society.

Question 5: The senior citizen is incapable of personally attending the Consumer Commission as the consumer applicant. However, the commission asserts that his presence is mandatory. What can be done in this situation? (Mr Vijay Kapoor)

Answer: The complainant has the authority to designate someone to appear on their behalf. Failure of the complainant to appear may lead to the dismissal of the complaint by default.

Question 6: Enforcement proceedings related to the Jiva club matter are underway. An execution petition has been submitted, but the opposing party (OP) has failed to appear in court. The known address is a rented property, and I lack information about any real estate holdings. However, I do possess details about the bank accounts. Is it possible to seize the funds from the bank account? (S. Dass)

Answer:

Two issues involved –a) Notice not served. 

  • Notice can be sent to available address last known to the court and you.
  • Can send through email also.
  • Substituted service via publication in the local newspaper where the opposing party’s office or branch is situated is a viable option. An application must be filed with the court seeking permission for this alternative method, including details regarding the notice.
  1. b) Attachment of property occurs only after serving notice on the property, and if the opposing party (OP) still fails to appear.
  2. c) Account cannot be attached without taking all steps as it leads to many complications, other business /personal activities of a person get affected 
  3. c) You can get address and other details from the bank, can request court to direct bank to do so.

Question 7: I lodged a complaint with the District Commission regarding a faulty paper cup machine, involving three entities: the dealer Rashmi Enterprises, the manufacturer Aman Impex, and SBI General Insurance for a loan. Only Rashmi Enterprises participated in the proceedings, resulting in an order against them and in my favour. I appealed, contesting the lack of compensation. Both SBI and Rashmi Enterprises challenged the order on their part. The State Commission identified an error in the district order, as Aman Impex was not served, absolving the manufacturer of liability. The State Commission recommended invoking the Product Liability clause for executing the order in the absence of the manufacturer. (Rajnikanth Panigrahi)

Answer: If there is no existing order against the manufacturer, the recourse under the product liability clause, specifically Section 85 and 86, allows you to pursue action against the dealer exclusively.

Question 8: I acquired a piece of land that originally belonged to the government (designated for a school and garden), but the colonizer and the sarpanch illegally sold it to me. They were subsequently incarcerated for this crime. However, I am currently facing challenges in obtaining construction approvals. (Sanchay Deshmukh)

Answer: The property is no longer legally yours as it has been declared government land. You have the option to file a case in a civil court, treating it as a recovery suit, seeking a refund of your money along with compensation for unfair dealing. Alternatively, you can file a complaint before the consumer court or RERA, citing unfair trade practices, and seek a refund along with compensation.

Question 9: A complaint was submitted to the consumer forum against DHFL, but it was dismissed. Subsequently, an appeal was made to the NLCT with a copy sent to the president, yet no action has been taken.

Answer: NCLT is not an appellate court for consumer matters. Therefore, filing an appeal there may not be effective. However, if the case is dismissed due to the opposing party being declared insolvent, you can then act as a financial creditor and submit a claim before NCLT seeking a refund or any other resolution as per the decisions made by NLCT.

Question 10: I reserved a flat in 2017 with a stipulated construction period of 3 years. However, after 6 years, the flat is now ready, but there is a request for an increased cost. (Imran Khan)

Answer: Submit a complaint to the consumer commission and request an interim order for possession at the initially agreed cost until a decision is reached on the merits of the case. File a claim for compensation for the delay in court. Challenge the issue of increased costs by emphasizing that the delay was caused by the builder, and the homebuyer had initially agreed to the cost set during the three-year construction period.

Question 11: I bought a vehicle with the expected delivery date set for December 6, 2023. However, upon delivery, I discovered that the sunroof was not functioning. The assurance was made to rectify the issue by December 11, 2023, but neither the repair nor the replacement of the vehicle has taken place. Additionally, attempts to cancel the registration are being denied.

Answer: You can lodge a complaint with the consumer commission, and depending on the merits of the case, you have various options such as repair, replacement, refund, etc.

Question 12: A newly purchased bike is experiencing starting problems, and despite efforts by the service centre, the defect persists. A case has been filed with the consumer commission, and the service centre is now declining to provide any further service. The upcoming court date is scheduled for February 19, 2024. Is there a way to expedite the repair process or secure an earlier court date? What type of application can be submitted before the court to address this issue? (Sandeep Arora)

Answer:

  • You can file an application stating this problem and ask for an early date. 
  • During the next hearing, you have the option to submit an application for an interim order, seeking permission to have the vehicle repaired until the case is adjudicated on its merits.
  • You can also request the court to obtain expert opinion about the defects in the vehicle and decide the relief on merits.

    Question 13: What should I do now that I am receiving a substantial bill of Rs 25,000 for a four-month period due to a fast meter?

    Answer: Submit an application to the electricity department requesting a meter inspection and be prepared to pay a fee for this service. If the meter is discovered to be fast or defective, the billing will be adjusted based on the previous billing pattern, calculating the average over the last six months.

    Question 14: Bought Yamaha Aero on October 5, 2023. The engine experienced a stoppage after covering 1364 km and required repairs for four days. Subsequently, after traveling 3200 km, the same issue recurred. Is it possible to request a replacement for the vehicle?

    Answer: A replacement is not warranted unless it is declared irreparable or found to have a manufacturing defect. In such instances, one may consider approaching the consumer court, seek an expert opinion, and pursue a decision based on the merits of the case.

    Click the link to see Questions and Answers January 2024

    A continuous surge in antimicrobial resistance

    A continuous surge in antimicrobial resistance

    by | Jan 14, 2024 | Guest Column

    A continuous surge in antimicrobial resistance

    Antimicrobial resistance (AMR) is the 21st-century global public health problem. AMR occurs when microbes, such as bacteria, viruses, fungi and parasites stop responding to antimicrobial medicines. Because of the high rate of antibiotic overuse that leads to alterations in the bacterium itself, bacterial AMR poses the greatest concern. AMR is predicted to cause 10 million deaths annually by 2050, according to The Review on Antimicrobial Resistance, a UK government program [1]. WHO and other organizations acknowledge that a promptly coordinated worldwide strategy is necessary to fight AMR, even though they do not agree with this estimate. For this reason, statistics about the present global burden of bacterial AMR and its regional patterns are needed. Future generations will see the emergence of increasingly deadly infections that are incurable if effective management is not implemented. This article sheds light on global trends and developments pertaining to antimicrobial resistance in bacteria. 

                                                                                                Dr Vikrant Kumar

    All India Institute of Medical Sciences, New Delhi

    Global trends of antimicrobial resistance 

    A research that was published in The Lancet estimates that 4.9 million deaths worldwide in 2019 were related to bacterial AMR [2]. It further states that the worldwide burden of bacterial AMR was caused by three infectious syndromes: bloodstream infections, intra-abdominal infections, and lower respiratory and thoracic infections. Six pathogens (E coli, Staphylococcus aureus, K pneumoniae, S pneumoniae, Acinetobacter baumannii, and Pseudomonas aeruginosa) were responsible for majority of the deaths linked to AMR. 

    Image caption: Mortality rate due to bacterial resistance to antibiotics in 2019. Source: Antimicrobial Resistance Collaborators. Global burden of bacterial antimicrobial resistance in 2019: a systematic analysis [2]

    Antimicrobial resistance in India

    India has one of the highest incidences of AMR worldwide and is an emerging hub for bacterial AMR. AMR’s burden in India is mostly caused by over-the-counter availability of drugs, unrestricted and excessive human use, antibiotic use in poultry and agriculture, public ignorance, and shortcomings in national surveillance and monitoring of AMR. Antimicrobial resistance in India is further exacerbated by inadequate use of diagnostics, overcrowding that increases the risk of cross-infections, over prescription by physicians, and inadequate health infrastructure. The Indian Council of Medical Research (ICMR) annual report on the antimicrobial resistance research and surveillance network (2022) stated that E. coli, which causes meningitis, pneumonia, bacteremia, abdominal and pelvic infections, urinary tract infections, and infections, has become less susceptible to major antibiotics [3].  According to the data, E. Coli resistance to piperacillin-tazobactam climbed from 35% to 56% between 2017 and 2022, while resistance to ceftazidime increased from 18% to 23% and resistance to ciprofloxacin from 12% to 19%. S. aureus has also shown a noticeable upward trend in antibiotic resistance over time against clindamycin and cefoxitin. Similar trends were reported for Klebsiella pneumoniae, a causative agent of pneumonia, bloodstream infections, and meningitis. K. pneumoniae’s sensitivity to imipenem decreased gradually during the previous six years, falling from 59% in 2017 to 42% in 2022. There has been a modest and inconsistent drop in meropenem susceptibility for K. pneumoniae. Nearly, 88% of the Acinetobacter baumannii isolates were resistant to carbapenems and left with limited treatment options. Against A. baumannii, piperacillin/tazobactam, cefepime, ceftazidime, amikacin and levofloxacin showed limited activity. When it comes to hospital-acquired infections, Pseudomonas aeruginosa infections are becoming a major concern, especially in patients who are very sick or have compromised immune systems. P. aeruginosa cause post-surgery infections in the blood, lungs (pneumonia), and/ or other body parts. These bacteria persistently find a new way to evade the effects of the antibiotics and become resistant to the treatment. The growth of drug-resistant bacteria is the main reason for the higher mortality rates. During 2017 to 2022, an increasing resistance was observed in P. aeruginosa against the majority of antibiotics- ceftazidime (41.2% to 43.6%), cefepime (46.1% to 48.1%), imipenem (40.5% to 51.1% ), meropenem (47.9% to 54.1% &), amikacin (51.4% & 60.4%), gentamicin (44.4% to 48.2%), tobramycin (50.1% to 65.8%), ciprofloxacin (35.9% to 38.5%) and levofloxacin (33.3% to 42.6%).

    Image Caption: Trends of antibiotic resistance among major bacterial strains from 2017-2022. Source: Annual report on antimicrobial resistance research and surveillance network (2022), ICMR [3]

    Conclusive Remarks

    The use of antibiotics is a cornerstone of modern medicine. The emergence and spread of bacteria resistant to drugs threatens our ability to treat common illnesses and perform life-saving procedures. Antibiotic resistance is a major global health issue that decreases the efficacy of traditional treatments against common bacterial infections. The abuse and overuse of antibiotics in humans, animals, and plants are the main factors contributing to the formation of drug-resistant diseases. AMR affects all important sects a country leading to social and economic burden. Its primary causes are poverty and inequality, with low- and middle-income countries being most affected. The present AMR crisis highlights the urgent need for improved antimicrobial practices and broader surveillance coverage on a worldwide scale. In addition, awareness programs by local governments can help in reducing the cases of antibiotic abuse.

    References:

    1. https://amr-review.org/
    2. Antimicrobial Resistance Collaborators. Global burden of bacterial antimicrobial resistance in 2019: a systematic analysis. Lancet. 2022; 399(10325):629-655. doi: 10.1016/S0140-6736(21)02724-0
    3. https://main.icmr.nic.in/sites/default/files/guidelines/AMRSN_Annual_Report_2022.pdf

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    Understanding International Travel Insurance

    by | Jan 14, 2024 | Insurance

    Understanding International Travel Insurance

    International travel insurance serves as a financial product crafted to shield travellers from unforeseen events and expenses while journeying outside their home country. Its primary objective is to furnish coverage for medical emergencies, trip cancellations, lost baggage, and other unexpected occurrences that may disrupt or negatively impact a trip.

                                                                                                                             Subas Tiwari

    Importance of International Travel Insurance 

    Travellers often underestimate the potential risks associated with international travel. Having travel insurance is essential for several reasons:

    • Medical Emergencies: Varied healthcare systems globally and exorbitant medical expenses abroad necessitate travel insurance for necessary treatment without facing overwhelming bills.
    • Trip Cancellations: Unforeseen circumstances like illness, natural disasters, or work commitments leading to trip cancellations can be financially mitigated through travel insurance.
    • Lost or Delayed Baggage: Airlines occasionally misplace or delay baggage, and travel insurance provides coverage for the replacement of essential items and clothing.
    • Emergency Evacuation: In the event of a natural disaster or political unrest, travel insurance may cover the costs of emergency evacuation.

    What Does Travel Insurance Typically Cover?

    Coverage under international travel insurance can fluctuate, but it often includes:

    1. Medical Expenses: Encompasses the cost of medical treatment, hospital stays, and medication.
    2. Trip Cancellation/Interruption: Reimburses non-refundable trip expenses if the trip is cancelled or cut short due to covered reasons.
    3. Emergency Evacuation: Covers the cost of transportation to the nearest adequate medical facility.
    4. Baggage and Personal Belongings: Provides compensation for lost, stolen, or damaged baggage and personal items.
    5. Travel Delay: Reimburses additional expenses due to delayed departures or arrivals.
    6. Accidental Death and Dismemberment: Pays a benefit in the event of death or serious injury.

    Types of International Travel Insurance 

    1. Single Trip Insurance-This insurance provides coverage for a specific journey, commencing when you depart and concluding upon your return.
    2. Annual/Multi-Trip-Insurance covering multiple trips within a specified time frame, usually a year, this is a cost-effective option for frequent travellers.
    3. Medical Travel Insurance-Focused on covering medical expenses and emergency medical assistance during your trip.
    4. Evacuation Insurance-Covers the cost of emergency evacuation to the nearest suitable medical facility.
    5. Trip Cancellation and Interruption Insurance-Reimburses non-refundable trip expenses if you have to cancel or cut short your trip due to covered reasons.
    6. Baggage and Personal Belongings Insurance-Provides compensation for lost, stolen, or damaged baggage and personal items during your trip.
    7. Adventure or Hazardous Activities– Coverage for travellers engaging in adventurous activities, such as skiing or scuba diving, specialized coverage may be necessary.

    How to Choose the Right International Travel Insurance 

    1. Assessing Your Needs– Consider your travel habits, health, and the nature of your trip. Frequent travellers might benefit from an annual policy, while those with pre-existing medical conditions should ensure comprehensive coverage.
    2. Coverage Limits and Exclusions– Review coverage limits and exclusions to understand situations where coverage may not apply.
    3. Pre-Existing Medical Conditions– Declare any pre-existing medical conditions during the application process to avoid denied claims.
    4. Duration of Coverage– Select coverage that matches the duration of your trip and ensures a grace period for unexpected delays.
    5. Provider Reputation and Ratings– Research insurance providers for a good reputation, strong financial stability, and positive customer reviews.
    6. Cost of the Insurance– Prioritize coverage over price, as cheap insurance might not provide adequate protection in emergencies.
    7. Understanding Policy Terms and Conditions– Thoroughly read and comprehend the policy’s terms and conditions, including the claims process and emergency assistance contact information.

    Key Features of International Travel Insurance Policies 

    1. Emergency Medical Assistance– A reliable travel insurance policy should offer 24/7 emergency medical assistance, providing access to medical professionals and facilitating emergency medical evacuations.
    2. Trip Cancellation and Interruption Coverage– This feature is crucial for recovering non-refundable trip expenses if unforeseen circumstances force you to cancel or cut short your trip.
    3. Baggage and Personal Belongings Coverage– Coverage for lost, stolen, or damaged baggage ensures you can replace essential items during your trip.
    4. 24/7 Customer Support– Accessible and responsive customer support is vital for assistance in emergencies and guidance through the claims process.
    5. Travel Assistance Services– Some policies offer additional travel assistance services, such as help with lost passports, translation services, and legal assistance.

    Steps to Purchase International Travel Insurance 

    1. Research and Compare Plans– Begin by researching different insurance providers and comparing plans based on your specific needs.
    2. Check Visa Requirements– Check if your destination country requires proof of travel insurance for visa approval.
    3. Read Reviews and Testimonials– Gauge the reliability and customer satisfaction of insurance providers by reading reviews and testimonials from other travellers.
    4. Understand the Claim Process– Familiarize yourself with the claim process, required documentation, and emergency contact information.
    5. Purchase Insurance in Advance– Buy travel insurance as soon as you book your trip to ensure coverage for unexpected events before your departure.

    What to Do in Case of an Emergency Abroad 

    1. Contacting Your Insurance Provider– In emergencies, contact your insurance provider immediately and follow their instructions for seeking medical attention or assistance.
    2. Seeking Medical Attention– Visit the nearest medical facility if medical attention is needed. Keep receipts and documentation for reimbursement.
    3. Documenting the Incident– Document incidents with photos, witness statements, and official reports for use in the claims process.
    4. Filing a Claim– Initiate the claims process promptly, providing all necessary documentation and following the instructions from your insurance provider.

    Common Mistakes to Avoid 

    1. Underestimating Coverage Needs– Comprehensive coverage is crucial, so don’t underestimate your insurance needs and consider potential risks.
    2. Ignoring Policy Exclusions– Read and understand policy exclusions to avoid disappointment when making a claim.
    3. Not Disclosing Pre-Existing Conditions– Honesty about pre-existing conditions is vital to avoid denied claims.
    4. Waiting Until the Last Minute– Purchase insurance soon after booking to avoid vulnerabilities to unforeseen events.

    FAQs about International Travel Insurance 

    1. Do I Really Need Travel Insurance? While not mandatory, travel insurance is highly recommended for international travel to protect against unexpected events.
    2. Can I Purchase Insurance after I’ve Started My Trip? Most providers require coverage to be purchased before departure, although some may offer limited coverage if bought shortly after departure.
    3. What Happens if I Have a Pre-Existing Medical Condition? Declare pre-existing conditions during the application process. Coverage varies among policies, so choose one that meets your needs.
    4. How Long Should My Insurance Coverage Last? Ensure coverage for the entire trip duration, including any planned extensions.
    5. Is Travel Insurance Worth the Cost? The value becomes apparent in unexpected events, offering peace of mind and financial protection.

    In conclusion, international travel insurance is a vital part of trip planning, providing protection and peace of mind. By understanding coverage types, assessing needs, and choosing a reputable provider, travellers can ensure a worry-free and enjoyable experience. Thoroughly read and comprehend policy terms, follow proper procedures in emergencies, and purchase insurance well in advance for maximum benefits. Safe travels!

    Premium Comparison for 2 members for USA travel (Age- 40 Years, Duration of travel- 30 Days)

    Company Name

    Product Name

    Medical Expenses

    Loss of Passport

    Baggage Loss

    Premium (GST included)

    Tata AIG

    Travel Guard – Gold

    $50,000

    $250

    $500

    ₹ 4,196

    Niva Bupa

    Travel Assure

    $50,000

    $300

    $500

    ₹ 2,467

    Reliance

    Travel Care Individual

    $50,000

    $300

    $500

    ₹ 2,812

    Care Health

    Explore Silver

    $50,000

    Not Cover

    Not Cover

    ₹ 3,009

    Bajaj Allianz

    Travel Elite

    $50,000

    $250

    $500

    ₹ 3,722

    DIGIT General Insurance

    Carefree Option

    $50,000

    $300

    $750

    ₹ 2,456

    Royal Sundaram

    Travel Shield Single Trip

    $50,000

    $250

    $500

    ₹ 3,288

    SBI General Insurance

    Worldwide

    $50,000

    $2000

    $2000

    ₹ 5,890

    New India Assurance

    Overseas Travel Ease

    $50,000

    $200

    $400

    ₹ 4,149

    Oriental Insurance

    Business and Holiday – Silver B

    $50,000

    $300

    $1000

    ₹ 4,740

    Quotes taken from: policybazaar.com as on 13th December 2023

    Choosing the best international travel insurance in India is crucial for a safe journey. Here are 30 tips to help you decide:

    • Coverage Types: Understand coverage, including medical expenses, trip cancellations, and baggage loss.
    • Medical Coverage: Ensure adequate coverage for emergencies, hospitalization, and evacuation.
    • Policy Duration: Check that the policy covers your entire trip.
    • Geographical Coverage: Confirm coverage for all planned countries.
    • Emergency Evacuation: Verify coverage, especially for remote locations.
    • Pre-existing Conditions: Check coverage for pre-existing medical conditions.
    • Age Limit: Be aware of age restrictions.
    • Adventure Sports: Confirm coverage for adventurous activities.
    • Trip Cancellation: Evaluate coverage and claim conditions.
    • Baggage Coverage: Check for lost, stolen, or damaged baggage.
    • Policy Exclusions: Understand exclusions to avoid surprises.
    • Claim Process: Ensure a straightforward and transparent process.
    • Network Hospitals: Choose plans with a hospital network at your destination.
    • Deductibles: Know the amount you pay before coverage starts.
    • Coverage Limits: Check maximum coverage for medical and baggage.
    • Renewability: Opt for easy policy renewability.
    • Customer Reviews: Read reviews for insights.
    • Insurer’s Financial Strength: Choose a financially stable provider.
    • Cancellation Policies: Understand the insurer’s cancellation policies.
    • 24/7 Assistance: Ensure round-the-clock emergency assistance.
    • Policy Customization: Look for customizable policies.
    • Travel Alerts: Check for destination-related alerts.
    • Additional Riders: Explore add-ons for enhanced coverage.
    • Policy Language: Confirm understandable policy documents.
    • Refund Policies: Understand refund policies.
    • Ease of Purchase: Choose a user-friendly online platform.
    • Family Coverage: Explore family options for cost-effectiveness.
    • Policy Inclusions: Understand all inclusions.
    • Compare Plans: Compare multiple plans.
    • Read the Fine Print: Carefully read policy details.

    For claim success, be thorough:

    • Read and Understand: Understand coverage, terms, and exclusions.
    • Full Disclosure: Provide accurate information on the application.
    • Pre-existing Conditions Declaration: Disclose pre-existing conditions.
    • Travel Itinerary Accuracy: Double-check travel details.
    • Document All Losses: Thoroughly document incidents.
    • Timely Notification: Report incidents promptly.
    • Follow the Claim Process: Adhere to specified procedures.
    • Keep Copies: Maintain copies of relevant documents.
    • Emergency Assistance: Use the emergency hotline for guidance.
    • Adherence to Policy: Ensure claims align with policy coverage.
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    Historic Judgment by five Judges Constitution Bench: Removing Article 370 from the Constitution

    by | Jan 13, 2024 | Legal

    Historic Judgment by five Judges Constitution Bench: Removing Article 370 from the Constitution

    It is a case where the car was painted to match the original colour before being handed to the complainant. It was not stated in the report that the car was old or involved in an accident prior to repainting. Instead, it is a case of typical scratches that were bound to appear during the vehicle’s trailer transportation from the factory to the agency, according to state commission Haryana Panchkula. SC affirms that there was no manufacturing flaw in this instance.     

    Dr Prem Lata Legal Head VOICE

    Case Title: In Re Article 370 of the Constitution of India

    Citation: 2023 Live Law (SC) 1050

    Appearance for the Petitioners: 

    Senior Advocates Kapil Sibal, Gopal Subramanium, Zaffar Shah, Rajeev Dhavan, Dushyant Dave, Chander Uday Singh, Dinesh Dwivedi, Shekhar Naphade, Nitya Ramakrishnan, Gopal Sankaranarayanan, Menaka Guruswamy, Prashanto Chandra Sen, Sanjay Parikh and Advocate Warisha Farasat argued.

    Appearance for the Union of India :

     Attorney General for India R Venkataramani, Solicitor General of India Tushar Mehta, Additional Solicitor General KM Nataraj, ASG Vikramjeet Banerjee and Advocate Kanu Agarwal.

    Appearance For the Intervenors backing the Union: 

    Senior Advocates Harish Salve, Rakesh Dwivedi, V Giri, Guru Krishnakumar; Advocates Archana Pathak Dave, VK Biju and Charu Mathur.

     Before  The Supreme Court of India Original Writ / Appellate Jurisdiction Writ Petition (Civil) No. 1099 Of 2019

    With Writ Petition (C) No. 871 of 2015 With Writ Petition (C) No. 722 of 2014 With SLP (C) No. 19618 of 2017 ,With Writ Petition (C) No. 1013 of 2019 With Writ Petition (C) No. 1082 of 2019 With Writ Petition (C) No. 1068 of 20 With Writ Petition (C) No. 1037 of 2019 With Writ Petition (C) No. 1062 of 2019 With Writ Petition (C) No. 1070 of 2019 With Writ Petition (C) No. 1104 of 2019 With Writ Petition (C) No. 1165 of 2019 With Writ Petition (C) No. 1210 of 2019 With Writ Petition (C) No. 1222 of 2019 With Writ Petition (C) No. 396 of 2017 With Writ Petition (C) No. 756 of 2017 With Writ Petition (C) No. 398 of 2018 With Writ Petition (C) No. 924 of 2018 With Writ Petition (C) No. 1092 of 2018 With Writ Petition (C) No. 1162 of 2018 With Writ Petition (C) No. 1048 of 2019 With Writ Petition (C) No. 1268 of 2019 And With Writ Petition (C) No. 1368 of 2019. 

    The Supreme Court on December 11th,2023 upheld the validity of the Union Government’s 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.

    ISSUES IN QUESTION:

    Part –A 

    The Recommendation of J&K Constituent Assembly was not necessary for the President to declare Article 370 inoperative.

    Background of the case:

    • Changes made to Article 367

    Some changes were made by Adding a clause to  article 367 through notification issued by the President (Constitution Order 272) specifying “that the references to the “Constituent Assembly of Jammu and Kashmir” should be read as the “Legislative Assembly of Jammu and Kashmir” and the “Government of J&K” can be construed as the “Governor of J&K”. 

      It is appropriate to mention that these changes enabled the President to issue the next Constitution Order, CO 273, to declare Article 370 inoperative without obtaining the recommendation of the J&K Constituent Assembly (which was dissolved in 1957) as stipulated in the proviso to Article 370(3).)

    • SC invalidated changes to Art 367

    The Supreme Court nullified a segment of the notification issued by the President (Constitution Order 272). This decision was based on the assertion that the alterations to Article 367 constituted an amendment with a significant impact on Article 370. The court disapproved of this action, citing the failure to adhere to the appropriate procedure for such amendments.

    Refusing to endorse this backdoor method of amendment, the CJI DY Chandrachud wrote in the judgment:

    “While the ‘interpretation’ clause can be used to define or give meaning to particular terms, it cannot be deployed to amend a provision by bypassing the specific procedure laid down for its amendment. This would defeat the purpose of having a procedure for making an amendment”

    Supreme court reiterated that the amendments to Constitutional provisions have to be carried out by following the procedure prescribed under Article 368. That is through passing an amendment bill in the Parliament with the backing of the prescribed majority.

    • SC further Validated Constitution Order 273  

    Despite invalidating the changes made to Article 367 through Constitution Order 272, the Court upheld the repeal of J&K’s special status. Supreme Court held that the President did not require the recommendation of the J&K Constituent Assembly to issue a declaration that Article 370 was inoperative. Thus, Constitution Order 273 was upheld. 

    Although the Court held as invalid the Constitutional Order 272 to the extent it changed the meaning of ‘J&K Constituent Assembly’ as ‘J&K Legislative Assembly’ and ‘J&K Government’ as ‘Governor’, this conclusion did not affect the outcome of the judgment since the Court held that the recommendation of J&K Constituent Assembly was not necessary for the President to declare Article 370 as inoperative.

    Part-B

    Parliament can carve out a Union Territory from a state.

    Background of the case:

    Basic question raised in the writs:

    The powers under Article 356 (the perception of Article 356) should only be employed to restore normalcy in the State facing a breakdown of the Constitutional machinery and should not be wielded to institute fundamental and enduring changes (referred to by the petitioners as ‘irreversible changes’ as an emergency provision) 

    1. The Executive and legislative alterations concerning Jammu and Kashmir—such as the repeal of its special status, the separation of Ladakh, and its conversion into a Union territory—all transpired during a period of President’s rule, in the absence of a State Legislature or Government with all decisions unilaterally made by the Union.

    In a certain sense, the Presidential proclamation under Article 356 facilitated these decisions by empowering the Union Government to act on behalf of the State, without political consensus at the State level. 

    1. Further, the Presidential proclamation suspended the operation of the provisos to Article 3, which mandated the concurrence of the J&K assembly to pass a reorganization Act. Consequently, the Parliament could bifurcate J&K and downgrade it to a Union Territory without soliciting the views of the elected body representing the people of J&K.

    Law on the issue -Requirements for permitting above act to the central Government during president Rules 

    “Actions which are taken during the subsistence of a Proclamation must bear a proximate relationship with the need to discharge the exigencies of governance 

    The ultimate object and purpose of the constitutional arrangement envisaged in the article is to restore the functioning of the constitutional machinery in the state.

     Legislative and executive action has to bear a proximate relationship to the object and purpose underlying the suspension of the constitutional machinery in the state”

    The court rejected the argument of petitioners that Union cannot take actions of irreversible consequences in the State during Presidential rule. The Court further held that the views of the concerned State regarding the proposed reorganization, expressed as per proviso to Article 3, are not binding on the Parliament.

    “..The views of the Legislature of the State are not binding on Parliament in terms of the first proviso to Article 3. The views of the Legislature of the State under the first proviso to Article 3 are recommendatory to begin with,” the Court held. The precedent laid down by a 5-judge bench in Babulal Parate v. State of Bombay (1959) was followed in this regard. 

    Therefore, the Court held that the Parliament passing the reorganization Act when the State Assembly was dissolved and the State was placed under Presidential rule was not a mala fide exercise, since the views of the State legislature are not binding in any case.

    “..The views of the Legislature of the State are not binding on Parliament in terms of the first proviso to Article 3. The views of the Legislature of the State under the first proviso to Article 3 are recommendatory to begin with”

    Reference was made to the judgment in Babulal Parate v. State of Bombay (1959) that the views of the State legislature regarding the reorganisation of that State were not binding on the Parliament. 

    Finally Supreme Court held:

    1. The Parliament has the authority to carve out a Union Territory from a State, without the consent of the State. 
    2. Union Government has the power to make irreversible and fundamental changes to a State’s policy when it is placed under the President’s rule
    3. The Parliament has not downgraded a State while carving into a Union Territory. It is held on the basis of Union Government’s assurance, albeit without a specified timeframe, that the statehood of Jammu and Kashmir would be restored. Hence it is not downgrading the state into Union Territory.
    4. The Court did not adjudicate upon the validity of the reorganisation of J&K into Union Territory (UT). However, the carving out of Ladakh as UT was upheld.
    5. The views of the State are merely recommendatory and not binding on the Parliament.

    Justice Sanjiv Khanna, in his separate but concurring judgment, sounded a word of caution, by saying:

    “Conversion of a State into Union Territory has grave consequences, amongst others; it denies the citizens of the State an elected state government and impinges on federalism. Conversion/creation of a Union Territory from a State has to be justified by giving very strong and cogent grounds. It must be in strict compliance with Article 3 of the Constitution of India”.

    • Court Need Not Adjudicate on Validity Of President’s Rule

    The court held that it need not adjudicate on the validity of the presidential proclamations announcing President’s Rule in the State since petitioners did not challenge the same. In any case, the court found that no material relief could be given as the President’s Rule was withdrawn in October 2019.

    • Every decision of Union when State is Under President’s Rule cannot be Challenged

    The court held that there are limitations on power of the Union and States when proclamation of presidential rule was in force. It stated that the scope of the power of the Union depends on the circumstances. The court added that the exercise of power under Article 356 must have a reasonable nexus with the object of the proclamation. Further, the court stated that there were innumerable decisions taken by the Union on behalf of States. Thus, it added, “Every decision taken by Union on behalf of State during Presidential rule is not open to challenge…this will lead to the administration of state to a standstill…“

    Part-C

    Article 370 was a temporary provision

    The Supreme Court on December 11 upheld the validity of the Union Government’s 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. The Court held 

    1. That the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.
    2. That the carving out of Ladakh as UT was upheld. 
    3. The Court also issued a direction to the Election Commission of India to take steps to hold elections to the J&K Legislative Assembly by September 30, 2024.

    “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible,” stated the judgment of CJI DY Chandrachud.

    1. In his judgement, Justice SK Kaul recommended the setting up of an impartial “Truth and Reconciliation Committee” to investigate and report on the violations of human rights both by the State and non-state actors at least since 1980s and recommend measures for reconciliation. 
    2. He added that the exercise of the committee shall be carried out in a time-bound manner. However, considering the sensitivities of the matter, he held that it was for the government to decide the manner in which the Truth and Reconciliation Commission must be set up.

    Part-D

    Justice Kaul Recommends “Truth & Reconciliation Commission” to report Human Rights Violations in Jammu & Kashmir

    Key points of Justice Sanjay Krishan Koul Recommendations 

    1. Justice Sanjay Kishan Kaul, in his judgment approving the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, recommended the setting up of a “Truth and Reconciliation Commission” to investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.
    2. That the valley of Kashmir carried a “historical burden” and the people residing there have been victims of conflicts particularly migration of “one part of the population” – Kashmiri Pandits- to other parts. Since the situation threatened the sovereignty and integrity of India, the Army had to be called in.

    “Army is meant to fight battles with enemies of the State and not really to control the law-and-order situation within the State. But then, these were peculiar times. The entry of the Army created its own ground realities and, in their endeavour, to preserve the integrity of the State and the nation against foreign incursions, the men, women and the children of the State paid a heavy price,” Justice Kaul said.

    1. That the first step to heal the wounds and to restore the social fabric was to “achieve a collective understanding of the human rights violations perpetuated both by the State and non-State Actors against the people of the region.”
    2. The Commission must be set up before memory escapes. The exercise must be time-bound. 
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