Current Affair 1:

Ukraine Crisis And Indian Position

 

Very nice inputs. Must read.

India's foreign policy is influenced by non-aligned movement (NAM) which originated during the Cold War era as an organization of States which did not want to formally align with either of the power blocs, the United States (US) or the Soviet bloc. Similar challenges have resurfaced with the ongoing Russia-Ukraine War. It is more related to the clash of ideologies and reiteration of supremacy over the territorial integrity of a State. The irony is that if there is a clash of ideologies, one State has to answer questions like which side are you on "with us or with them"? Indian position was clear because it condemned the war and adhered to NAM principle which again reiterates India's foreign policy foundations formulated in yesteryears.

Ukraine crisis has witnessed a strategically measured response from India, fully recognizing the existing geopolitical realities. India abstained from voting at the UN Security Council on the Russia-Ukraine Crisis but made strong disagreement regarding the use of aggression by Russia. At the same time, Indian position at the UN could be assessed as more of a reiteration of India's foreign policy towards asserting the need for dialogue and peaceful means of settlement of international disputes.

Historically, India's standpoint against the use of aggression is evident as a country that has actively taken part in UN peacekeeping missions and has never initiated use of force or aggression against any country. On the contrary, India has resorted to use of force in the proportionate form to defend its territorial integrity from external aggression.

In the Russia-Ukraine case, India can also reaffirm the need to end the use of force by engaging proactively with Russia through diplomatic measures. Considering India's foreign policy of allegiance to peaceful coexistence and mutual respect premised on Article 51 of the Constitution of India, 1950; and the use of dialogue, India-based international law scholars and diplomats need to assert the significance of an amicable dialogue-based solution for the stand-off between Ukraine and Russia.

Moreover, Indian international law scholars should further their arguments on the 'Responsibility to Protect' concept to highlight the need for proactive action to channel economic and non-economic sanctions to convince Russia to refrain from any form of aggression within the continent.

 

Current Affair 2:

Comparative Analysis of Product Liability in India with Developed Countries

 

India is a custom-based law country; courts follow the principles of justice, equity, and good conscience and those of tort law, such as the duty of care, negligence, and strict liability. India is gradually realising the importance of strengthening and enforcing a strict product liability regime to protect the rights of its consumers against the supply of defective materials by manufacturers and suppliers, which will also aid in protecting the interests of consumers.

The Indian Ministry of Consumer Affairs, Food and Public Distribution has established the new Consumer Protection Act, 2019 ("CPA 2019"). Earlier, there was no specific law or any rules in India that administered product liability, and furthermore, there were no extensive provisions regarding this.

In India, both civil law and criminal law are used to determine whether products are unsafe. It is generally governed by contracts under the Sales of Goods Act, 1930, the Consumer Protection Act, 1986, the Indian Penal Code, 1860, and certain specific rules. The future of product liability in India is indeed promising. Its exporter association is particularly interested in product liability security, and certain security enhances its product liability law.

The CPA 2019 now provides definite laws on product liability with specific responsibilities and liabilities of a "product manufacturer," "product service provider," or "product seller" of any product or service, to reimburse for any harm caused to a consumer by such damaged product produced or sold or by lack of system.

Rights Available in India to Protect the Consumer from Defective Products

Consumer protection laws in different countries like the UK, USA, Turkey, EU, and India provide some common rights to consumers, like if any defect is found in the product, the consumer can claim for the free fixing of the product or exchange the damaged product, and they can also minimise the cost of the damaged product. The consumer can also take legal action against the manufacturer, trader, or both for the breach of contract between them. There is a clear switch from the principle of buyer beware to seller beware.

In India, a consumer has the "right to choose," which means that a consumer can demand that the traders present a wider range of products. Sometimes, traders present only those types of products from which they can get the maximum benefits.

 A consumer also has the "right to be informed," which means that a consumer has the right to get informed about the quality, quantity, cost, and health safety of the product. If he gets any wrong information about it or is misled about the expiry date of the product, then a consumer can also file a suit against the trader.

Moreover, complaints relating to infringement of consumer interests, unfair trade practices, or false advertising are to be investigated by the CCPA. Despite the fact that some aspects of the CPA 2019 are uncertain, the new provisions on product liability, with bidding punishments and strict liability on manufacturers and traders, will undoubtedly change India's legal perspective.

 

 

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