MAM
TDSAT hearing on ad cap to continue tomorrow
NEW DELHI: The News Broadcasters Association (NBA) contended before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that the Telecom Regulatory Authority of India (TRAI) did not have powers to regulate advertisements since there was no provision in law giving it the power to deal with content.
Commencing his arguments in the long-delayed petitions challenging the 12 minute ad cap sought to be imported by TRAI, senior counsel Abhishek Manu Singhvi told TDSAT chairman Justice Aftab Alam and member Kuldip Singh that the powers of TRAI with regard to broadcasting other than standards of quality were only recommendatory and it could not make regulations or pass implementable orders.
Furthermore, neither the TRAI Act nor the Indian Telegraph Act 1985 under which it functioned gave powers to TRAI to deal with content.
He said that Section 2(G) of the Cable Television Networks (Regulations) Act 1995 was clear that advertisements fell under content.
The hearing, which commenced today, will continue on a day-to-day basis. The main petitioners are the NBA and TV9. TDSAT had in the previous hearing (31 October) disallowed interventions by some broadcasters that included Viacom 18, Star India and Zee TV.
At the outset, Singhvi also contended that the Supreme Court had itself held that advertisements were the cornerstone of free speech and economy since they gave the financial clout to enable free speech. The apex court had also said that anything curbing the ‘financial spine’ is an inroad into the freedom granted by Article 19(1)(a) of freedom of speech and expression. He said there could not be talk of free speech and expression without talking of the financial spine behind this.
He said that while broadcasting was brought under the ambit of TRAI in January 2000, it was only on 9 January 2004 that an empowering notification was brought in with regard to broadcasting, but it only gave the Authority powers to make recommendations and not pass regulations.
TRAI on 22 March 2013 passed a notification with regard to advertisements, he added.
The implementation with regard to content lay with the Information and Broadcasting Ministry which could do so under the 1995 Act. TRAI only had powers with regard to licensing and quality of service.
At this stage, Justice Alam wondered if granting of license also included abiding by the rules under which the license was issued and this covered both the Broadcast and Advertising Codes.
Singhvi said that in any case, the Uplinking and Downlinking Guidelines only referred to giving permission and not licenses. License had not been defined under the Guidelines.
Senior TRAI counsel Rakesh Dwivedi interjected to say that the Uplinking and and Downlinking Guidelines were clear that the Broadcast and Advertising Codes had to be adhered to, adding that this had not been challenged by anyone.
However, Singhvi said that the Codes were only mentioned under the Cable TV Networks Rules 1994. He said the Rules were brought in when the Cable TV Networks (Regulation) Ordinance was brought in 1994, which was subsequently replaced by the Act of 1995.
Singhvi said that it could also not be said that advertisements were per se bad or pervasive as they could be very creative, adding that the only all pervasive instrument was the remote control.
At this stage, Justice Alam expressed the view that advertisements could be very annoying when one was watching a serious programme.
Singhvi said both the programmes and the advertisements were the lifeblood of the TV channels. He also added that there was no need to interfere as long as the advertisements did not make any incursions into Article 19(2) of the Constitution (which refers to reasonable restrictions on Fundamental Rights).
In any case, TRAI could not arrogate to itself the power to regulate advertisements and content which fell in the domain of the union of India.
He admitted that section 11(2) of the Telegraph Act said TRAI could perform such duties as were assigned to it by the government, but said regulating content had never formed part of this.
In any case, he said a major part of the powers of TRAI were derived from the TRAI Act or the Indian Telegraph Act which related to telecom and not broadcasting. These powers generally related to quality of service.
The legislature never thought it fit to pass a law giving powers relating to content to TRAI, he added.
At another stage, the judge also wondered if the 1995 Act which applied to cable TV could be extended to broadcasters.
Singhvi said that no broadcaster could transmit his signals without resorting to either the 1995 Act or the Uplinking and Downlinking Guidelines.
If we think about how many times you visited a paediatrician during the year for your child’s fever, or went to the pharmacy for cough syrup, antacids, or prescription cream; how many physiotherapy appointments your spouse had throughout the year, or how many routine diabetes check-up appointments you had; most families would say that the ongoing healthcare cost to their family isn’t necessarily the sudden expense of a grown adult being admitted to the hospital, but rather the ongoing and regular expenses of running the household. Because of this, the search for the best family health insurance plans in India have evolved to include OPD covering as a significant factor in their decision making process.
As someone who has reviewed countless policies for families, I’ve seen a clear shift. Families are no longer satisfied with a plan that only activates during a hospital crisis. They want a partner for everyday wellness, and that’s what modern, comprehensive Health Plans for Family aim to be.
OPD Cover: The Game-Changer in Family Health Insurance
OPD, or Outpatient Department, cover handles expenses incurred outside of a hospital admission. This includes:
- Doctor consultation fees (General Physicians and Specialists)
- Diagnostic tests (blood work, X-rays, MRIs)
- Pharmacy bills (medicines prescribed)
- Minor procedures (dressing, injections)
Without OPD coverage, all these costs come directly from your monthly budget. A comprehensive Health Insurance with OPD Cover absorbs these shocks, transforming your policy from a seldom-used safety net into an active, year-round health management tool. For a family with children or aging parents, this isn’t a luxury; it’s a practical necessity.
Identifying the Best Family Health Insurance Plans In India with OPD
Not all OPD covers are created equal. When comparing Health Plans for Family, you must dig into the specifics. Here’s what separates the good from the truly valuable:
Integrated vs. Add-on Cover: Some of the Best Family Health Insurance Plans In India bundle OPD within the base plan (e.g., HDFC Ergo’s Optima Restore). Others offer it as a paid add-on rider. Integrated covers are often more seamless, but add-ons allow you to customize. Compare the sub-limits and overall value.
Realistic Sub-Limits: OPD coverage always has limits. Look for plans that offer a dedicated annual OPD sum insured (e.g., ₹10,000-₹25,000 per family) rather than a tiny per-consultation limit. This gives you flexibility, you can use it for a few major diagnostics instead of just small consultations.
Cashless OPD Network: The true convenience of health insurance with OPD cover is cashless access. Leading insurers have tied up with pharmacy chains, diagnostic centers, and clinic networks. You can walk in, show your card, and walk out without paying upfront. Check the insurer’s network partners in your locality.
Simplified Claims Process: For reimbursements outside the cashless network, the process should be digital and straightforward—via an app with document upload. Cumbersome OPD claim processes defeat the very purpose.
Key Players and What to Look For
Several insurers have pioneered strong family floater plans with OPD benefits. While new products emerge, plans like HDFC Ergo’s Optima Restore, ICICI Lombard’s Health Advantage Plus, and Niva Bupa’s ReAssure 2.0 have been notable for their structured OPD components. Star Health’s Family Health Optima also offers a comprehensive package.
However, the plan name is less important than its architecture. Your checklist for the Best Family Health Insurance Plans In India with OPD should verify:
Adequate In-patient Sum Insured: This is your core cover. Don’t compromise this for OPD. Start with at least ₹15-20 Lakh for a family of four.
Restoration Benefit: Crucial for families. It restores your main sum insured if exhausted, often including the OPD cover.
No Claim Bonus (NCB): Your reward for a healthy year should protect your OPD benefit too, often by increasing your overall sum insured.
Preventive Health Check-ups: A sign of a wellness-oriented insurer. Many top Health Plans for Family include free annual check-ups, complementing the OPD benefit.
Making the Smart Choice for Your Family
Choosing the right plan requires a simple audit. Tally your family’s average annual spend on doctor visits, tests, and medicines. You’ll likely find it’s a significant amount. Then, compare the premium of a comprehensive Health Insurance with OPD Cover against a basic plan plus your out-of-pocket OPD expenditure. The difference is often negligible, but the value is monumental.
For families, the Best Family Health Insurance Plans In India will be those that acknowledge the fact that the “real” journey for your family’s health occurs daily and not just during emergencies. By choosing a Family Health Insurance plan with meaningful OPD coverage, you will not only be insuring against your family getting sick, but also investing in your family’s ability to see their doctors or other healthcare providers on a more frequent basis for non-emergency issues and providing your family with a significant degree of peace of mind with regards to their financial and physical well-being. The shift away from reactive insurance to proactive insurance by families is now essential; it has become a necessity for the modern family that is living with intention.
