Protection of Consumers’ Rights: A Socio-Legal Challenge in India

Abstract

In modern era the consumers are called the king of the market but this concept of consumer field is not beyond a shadow of doubt because in reality the consumers are still the most deprived part of the market and are in a disadvantageous position due to non-fortification of their rights. They are suffering from lots of undesired elements such as misleading advertisements, underweight goods, unsatisfied services etc. Consequently the battle for consumer protection has to be fought by many consumer association/agencies. The Government has also done lots but still to play an important role, by enacting suitable laws and enforcing them effectively. India has been observing 15th March since 1989 as the National Consumers’ Day. This day has a historic importance as it was on this day in 1962, that the Bill for Consumer Rights was moved in the US Congress. US President John F. Kennedy for the first time went on to set out four basic consumer rights which were right to Safety, Information, Choice and Be Heard in which in recent years the consumer movement under the guidance of Consumers International added four more rights and they include the rights to: The satisfaction of basic needs, Redress, Education, Healthy Environment. In India, the concept of consumer protection is not new, it is as old as trade and commerce itself. It therefore, comes as no surprise that references to the protection of consumer’s interest against exploitation by trade and industry, underweight and measurement, adulteration were made in Kautilya’s ‘Arthashastra.’ The need of punishment was also recognised by him. However, an organized and systematic movement to safeguard the interest of consumers is a recent phenomenon. The consumers have to be aware not only of the commercial aspects of sale and purchase of goods, but also of the health and security aspects. Food safety has become an important element of consumer awareness these days. In case of food products, its quality depends not only on its nutritional value, but also on its safety for human consumption. Consumption of contaminated or adulterated food is a major cause of human illness and suffering. There are 500 consumer associations, which are working in the field of consumer protection. They deal with various aspects of consumer exploitation. Some of the prominent are: Consumer Guidance Society of India, Mumbai; Citizens Action Group, Mumbai; Common Cause, New Delhi; Voice, New Delhi; Consumer Utility and Trust Society, Jaipur. This called for strong legal measures to ensure that the manufacturers and sellers observe uniformity and transparency in prices, stocks and quality of their goods. Enactment of Consumer Protection Act, 1986 was one of the most important steps taken to protect the interests of consumers. The provision of the Act came into force, with effect from July 1, 1987.