Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Supreme Court Upholds Exclusion of Advocates from Consumer Protection Act

Supreme Court Upholds Exclusion of Advocates from Consumer Protection Act



In a significant ruling, the Supreme Court of India declared that complaints alleging "deficiency in service" against advocates would not be maintainable under the Consumer Protection Act (CP Act). 


Unique Nature of Legal Profession Recognized


The court emphasized the unique nature of the legal profession, stating that it cannot be equated with other professions and therefore falls outside the purview of consumer protection laws.


Bench Sets Aside National Consumer Disputes Redressal Commission Decision


The bench of justices, Bela M Trivedi and Pankaj Mithal, set aside a decision by the National Consumer Disputes Redressal Commission, highlighting the distinctive characteristics of legal services and the direct control exercised by clients over advocates' services.


CP Act Intended to Protect Consumers from Unfair Practices


The court's ruling emphasized that the CP Act, enacted to protect consumers from unfair and unethical business practices, was not intended to cover professions or services rendered by professionals.


Legal Services Governed by Principles of Personal Service


The Supreme Court's decision stemmed from a series of appeals challenging the NCDRC's order, which held that complaints against advocates for deficiency in services could be entertained under the Consumer Protection Act.


Verdict Clarifies Scope of Consumer Protection Laws


Addressing the core legal question, the court clarified that complaints against advocates practicing law would not fall under the purview of consumer protection laws. 


Precedent-Setting Decision


The decision by the Supreme Court serves as a precedent, guiding future legal proceedings involving complaints against advocates and reinforcing the principles underlying the legal profession's autonomy and independence.


Explanation of Relevant Laws


The ruling was based on a thorough examination of relevant legal statutes, including the Consumer Protection Act, of 2019, and its predecessor, the Consumer Protection Act, of 1986. Specifically, the court referenced Section 2(42) of the CP Act, 2019, which defines the term "service" under the Act. This definition excludes services rendered under a contract of personal service, a category that encompasses legal services provided by advocates. Therefore, the court concluded that advocates' services, governed by principles of personal service, fall outside the ambit of the CP Act, thereby exempting them from consumer protection laws.


Conclusion: Upholding the Autonomy of Legal Profession


In conclusion, the ruling underscores the importance of recognizing the distinctiveness of legal services and upholding the autonomy of the legal profession within the framework of consumer protection laws.

Location: Pune, Maharashtra, India

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