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DAILY NEWS ANALYSIS

Monthly DNA

22 Aug, 2019

4 Min Read

Report of the Competition Law Review Committee submitted

GS-II :

Report of the Competition Law Review Committee submitted

Context

Report of the Competition Law Review Committee submitted to Union Finance and Corporate Affairs Minister.

Recommendations

  • The Competition Law Review Committee headed by Injeti Srinivas has submitted its report to the Government.
  • Government had constituted Competition Law Review Committee in 2018 to review the existing framework and recommend changes to strengthen it.
  • The committee has recommended a ‘Green Channel’ for faster regulatory approvals for mergers and acquisitions that may have no major implications on competition.
  • It has also said that combinations arising out of the insolvency resolution process under the Insolvency and Bankruptcy Code should also be eligible for Green Channel approvals.
  • The report has also suggested setting up of Competition Commission of India(CCI) offices at the regional level for non-adjudicatory functions such as research and advocacy.
  • The Committee has also recommended that a dedicated bench be introduced in the National Company Law Appellate Tribunal (NCLAT) for hearing appeals under the Competition Act.
  • The report has asked CCI to issue guidelines on the imposition of penalties to ensure more transparency and faster decision making which will encourage compliance by businesses.
  • It has also recommended for strengthening the governance structure of CCI with the introduction of a Governing Board to oversee advocacy and quasi-legislative functions leaving adjudicatory functions to the Whole-time Members.

Background

The Government constituted a Competition Law Review Committee on 1st October 2018 to review the existing Competition law framework and make recommendations to further strengthen the framework to inter alia meet new economic challenges.

The Competition Act

The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, prohibits anti-competitive agreements, and abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which cause or are likely to cause an appreciable adverse effect on competition within India.

Source: The Hindu

Notified Disease.

GS-II :

GS-II: Notified Disease

Context

A month after Union Health Minister asked the Delhi government to make malaria and dengue notifiable diseases, the local authorities initiated the work to notify malaria in the capital.

What is a notifiable disease?

  • A notifiable disease is any disease that is required by law to be reported to government authorities.
  • The collation of information allows the authorities to monitor the disease and provides early warning of possible outbreaks.
  • The World Health Organization’s International Health Regulations, 1969 require disease reporting to the WHO in order to help with its global surveillance and advisory role.
  • Registered medical practitioners need to notify such diseases in a proper form within three days, or notify verbally via phone within 24 hours depending on the urgency of the situation.
  • This means every government hospital, private hospital, laboratory, and clinic will have to report cases of the disease to the government.
  • The onus of notifying any disease and the implementation lies with the state government.
  • The Centre has notified several diseases such as cholera, diphtheria, encephalitis, leprosy, meningitis, pertussis (whooping cough), plague, tuberculosis, AIDS, hepatitis, measles, yellow fever, malaria dengue, etc.

Why notify diseases?

  • Making a disease legally notifiable by doctors and health professionals allows for intervention to control the spread of highly infectious diseases.
  • The process helps the government keep track and formulate a plan for elimination and control. In less infectious conditions, it improves information about the burden and distribution of disease.
  • Any failure to report a notifiable disease is a criminal offence and the state government can take necessary actions against defaulters.

Source: Indian Express

Jammu and Kashmir Public Safety Act (PSA)

GS-III :

GS-III: Jammu and Kashmir Public Safety Act (PSA)

Context

A former IAS officer has been detained under the Public Safety Act (PSA).

What is Public Safety Act in Jammu and Kashmir

  • The act was brought into 1978, primary to adopt a tough measure against timber smuggling in the state. It was much later that the act was frequently used to control militancy-related incidents. Under this act, the government can declare any area as ‘protected’ and exercise authority to regulate entry of any citizen in the protected area.
  • The ‘PSA’ gives J&K government the power to detain anyone who acts in any manner prejudicial to the maintenance of public order.
  • The PSA allows for administrative detention for up to two years “in the case of persons acting in any manner prejudicial to the security of the State”, and for administrative detention up to one year where “any person is acting in any manner prejudicial to the maintenance of public order”.
  • Detention orders under PSA can be issued by Divisional Commissioners or District Magistrates.

Criticism of PSA

Human rights groups are almost unanimous in their stand- PSA result in wrongful detentions. Amnesty International has been aggressively churning out reports on a number of people detained over the past . Many innocent people become prey to politicians because this act giver power to the ruling party.

According to the rights activist, Jammu and Kashmir uses PSA to keep people they can’t convict through proper legal channels locked up and out of the way.On the other side PSA has been criticized for denying citizen the right to fair trial and justice.

Source: The Hindu

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