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SC Is Set To Consider Petitions Challenging The Sedition Law In January

SC

Chief Justice D Y Chandrachud stated that he would form a suitable bench to address the issue.

On Wednesday, the Supreme Court announced that it will review a series of petitions challenging the constitutional validity of the sedition provision in the Indian Penal Code (IPC) in January. This comes several months after the introduction of bills by the Centre in Parliament, aiming to replace colonial-era penal statutes, with one proposal being the repeal of the sedition law.

Chief Justice D Y Chandrachud expressed his intention to form a suitable bench to address the issue. Additionally, advocates Prasanna S and Pooja Dhar were appointed as nodal counsel to assist in compiling relevant case laws and statutory material ahead of the hearing.

Also read: 2 Army Personnel Killed In Encounter With Terrorists In Jammu And Kashmirโ€™s Rajouri

Previously, the Supreme Court had rejected the Centerโ€™s strong request to postpone the referral of the petitions to a larger bench. The Center argued that Parliament was in the process of โ€œre-enactingโ€ the provisions of the Indian Penal Code (IPC), and a bill had been submitted to a standing committee.

The sedition law, outlined in section 124A of the Indian Penal Code (IPC), imposes a maximum life imprisonment sentence for generating โ€œdisaffection towards the government.โ€ This law was incorporated into the penal code in 1890, a substantial 57 years before Independence and nearly three decades after the IPC was established.

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Editorial

Editorial with Sujit Nair: Will fine โ‚น1 Cr on every product claiming false cure: SC to Patanjali

Sujit Nair

In this edition of the Editorial, Mr. Sujit Nair discusses the recent court rebuke directed at the Patanjali brand for disseminating misleading advertisements against modern medicines. On Tuesday (November 21), the Supreme Court criticized Patanjali Ayurved for persistently publishing deceptive claims and advertisements targeting modern medical practices. The bench, consisting of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, issued a stern warning to the company co-founded by Baba Ramdev in response to a petition filed by the Indian Medical Association (IMA) against misleading advertisements. Justice Amanullah conveyed that all false and misleading advertisements by Patanjali Ayurved must cease immediately. The court expressed its intent to take any such violations seriously and hinted at imposing costs of Rs. 1 crore on every product associated with a false claim of curing a specific disease. Subsequently, Patanjali Ayurved assured the court that it would refrain from publishing such advertisements in the future and committed to avoiding casual statements in the press. The court recorded this undertaking in its order. During the proceedings, the bench emphasized its reluctance to turn the issue into an โ€œโ€Allopathy vs. Ayurvedaโ€โ€ debate but stressed the need for a genuine solution to address the problem of misleading medical advertisements. The bench informed the Additional Solicitor General of India, KM Nataraj, that the Union Government must propose viable recommendations after consultations. The court scheduled the next hearing for February 5, 2024. Last year, while issuing notice on the IMAโ€™s petition, the court criticized Baba Ramdev for making statements against modern medicine systems like Allopathy. The then Chief Justice of India NV Ramana questioned why Ramdev should criticize other systems when he can popularize his own. The IMAโ€™s petition raised concerns about the continuous spread of misinformation by Patanjali regarding allopathy and modern medicine, accusing the company of disparaging allopathy and making false claims about curing certain diseases. The petition specifically mentioned a July 10, 2022, advertisement titled โ€œโ€MISCONCEPTIONS SPREAD BY ALLOPATHY,โ€โ€ alleging that Patanjaliโ€™s unverified claims violate laws such as the Drugs & Other Magic Remedies Act, 1954, and the Consumer Protection Act, 2019. The IMA also highlighted controversial statements made by Swami Ramdev, including derogatory remarks about allopathy and unfounded claims about deaths due to allopathic medicines during the COVID-19 pandemic. The petition further accused Patanjali of spreading false information about COVID-19 vaccines and contributing to vaccine hesitancy, despite the Ministry of AYUSH signing an MoU with the Advertising Standards Council of India for monitoring misleading advertisements of AYUSH drugs.

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