WTO PROVISIONS AND WHY LEGAL ADVERTISING SHOULD BE ALLOWED IN INDIA
The Second World War led to the emergence of International
economic order which encouraged Free Trade in goods. India was a founder
signatory to the General Agreement on Tariffs and Trade (GATT) since 1947,
which led to the formation of WTO, on 1st January 1995.This step can
be crucially questioned as still in India, extremely stringent laws governs
code of ethics and morality of Legal Professionals which are highly clashes
with WTO laws which recognizes law as a practice of trade .Also, this debate
revolves around major issues pertaining to the objectives of legal profession,
consumerism, and social justice, as it
questions the Indian commitment to WTO
regime and, competition law as well as barring advocates to advertise. It is
often argued that accepting advocacy as a trade or a business practice will
lead to deterioration of professional ethics and concept of justice to all as
promised by this profession. Some others However, the regulations imposed on
the legal services sector in India are anti-competitive adversely affects the
goals and purpose of competition policy and Competition Act as led down by the
WTO.
The issue of legal advertising in India is
highly controversial in nature and often been subjected to wide scrutiny but
also, on the contrary it has been said that advertisements are a forum for
establishing the utility of goods and services as advertising offers consumers
with more number of choices and will lead to the betterment of the quality of
goods among competitors. They also will lead to more awareness among the public
regarding the availability of different brands of products or services and will
keep them fully informed about the recent developments and arrival of new
brands offering lower prices ultimately benefiting them. WTO considers
advertising is a necessary part of modern market economies, as long as it
conforms to moral and ethical standards. However, morality itself is a much
debated issue as it is differently observed in different countries related to
the socio-economic practices and views and also historical and indigenous
practices.
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