Page 22 - Banking Finance December 2019
P. 22

LEGAL UPDATE





         LEGAL





                                                                               CASES
                                                                               CASES
                                                                               CASES
                                                                               CASES
                                                                               CASES







           Draft law proposes com-          Stop farm fires or face contempt: SC to 3 states
           pensation for faulty             With pollution in Delhi and NCR assuming the proportions of a health emergency,
                                                                         the Supreme Court passed a slew of orders and
           medical devices, im-                                          directed UP, Haryana and Punjab governments
           plants                                                        to immediately stop stubble burning in their
                                                                         states or face contempt proceedings.
           Patients suffering from adverse ef-
                                  fects of                               Terming the present situation is worse than an
                                  faulty                                 emergency given reports of pollution shorten-
                                  medical                                ing life spans in NCR, the court banned all con-
                                  devices                                struction and demolition work till further or-
                                  and im-   ders, prescribing a fine of Rs 1 lakh for violations. It also prohibited the use of
                                  plants    diesel-run generators and directed the states to ensure round-the-clock elec-
           will soon be able to demand com-  tricity supply.
           pensation from the manufacturer or
           the firm importing them under a  The court said all officials and authorities, from the chief secretary to gram
           new regulatory framework pro-    pradhans, would be held liable for stubble burning and will have to face con-
           posed by the government think tank  tempt proceedings for failing in their duty to stop it. It summoned chief secre-
                                            taries of all three states on November 6 to explain failure to halt the burning of
           Niti Aayog.
                                            crop residue.
           At present, there are no legal pro-
                                            Though the SC has been monitoring Delhi pollution for years and had passed
           visions to compensate patients fac-
           ing health problems due to faulty  orders like banning polluting crackers and introducing cleaner fuel, the situa-
           implants or medical devices. The  tion remains grim during winter and this year too, the problem due to stubble
           draft legislation, titled Medical De-  burning in neighbouring states has been a serious issue.
           vices (Safety, Effectiveness and Inno-  Taking note of widespread stubble burning in three states as revealed by satel-
           vation) Bill, 2019, has been put up  lite images, a bench of Justices Arun Mishra and Deepak Gupta said the authori-
           for consultation within ministries.  ties from “top to bottom” would be made responsible if even a single incident
           It aims at regulating all locally-made  of burning is reported.
           and imported medical devices. The  “Delhi is choking every year and we are not able to do anything. It cannot hap-
           draft law proposes a penalty of up to  pen in a civilised society. People’s right to life is most important. No one wants
           Rs. 1 crore on the manufacturers or  to visit Delhi. Even in bedrooms in Lutyens’ zone, acceptable quality limit of air
           importers for faulty medical devices  is more than 500. This is not the way in which people can survive in the city,”
           having adverse impacts on patients.  the bench said.


            22 | 2019 | DECEMBER                                                           | BANKING FINANCE
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