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Enforcement of Consumer Rights u/s 6 of 'COPRA'
Information Regarding Enforcement of Consumer Rights in India
Under Section 6 of the Consumer Protection Act, 1986

Right to Safety

Definition
The right to be protected against the marketing of goods and services which are hazardous to life and property. 

Existing Legal Framework to Enforce the Right 

  • Bureau of Indian Standards Act, 1986.
  • Prevention of Food Adulteration Act, 1954.
  • Essential Commodities Act, 1955.
  • Agricultural Produce (Grading and Marketing) Act, 1937.
  • The Fruit Products Order, 1955.
  • Drugs and Cosmetics Act, 1940.
  • Indian Medical Council Act, 1956.
  • Dangerous Machines (Regulation) Act, 1983.
  • Indian Electricity Act, 1910.
  • Household Electrical Appliances (Quality Control) Order, 1981 & 1988.
  • Gas Cylinder Rules, 1981.
  • Indian Railways Act, 1989.
Steps Which Government Should Take to Enforce the Right
  • Establishing a general duty of safety upon suppliers.
  • Banning the supply of unsafe goods.
  • Prescribing safety and information standards with which goods and services must comply.
  • Establishing procedures to examine products and services alleged to be unsafe.
  • Monitoring the market place for unsafe goods and services.
  • Establishing procedures to collect and disseminate information on particular goods and services identified as being unsafe.
  • Establishing procedures for the notification to authorities by consumers of alleged hazardous goods and services.
  • Requiring suppliers, who became aware that their goods or services are unsafe, to advertise any dangers.
  • Requiring any manufacturer who recalls goods for safety reasons to notify relevant authorities of the recall.
  • Establishing procedures for the monitoring of voluntary recalls to ensure that they are effective.
  • Allowing relevant authorities to order a manufacturer to recall goods, and to specify how these goods are to be recalled.
  • Giving relevant authorities power to investigate the actions of manufacturers to determine whether they have complied with laws relating to recalls.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Ministry of Public Health.
  • Ministry of Water Supply and Sanitation.
  • Ministry of Transportation.
  • Ministry of Power.
  • Ministry of Industry.
  • Business Organisations.
  • Consumer Organisations.
  • Developmental Organisations.
  • Municipal Corporations.
  • Village Panchayats.
  • Print and Electronic Media.
Right to Information

Definition
The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices. 

Existing Legal Framework to Enforce the Right

  • Indian Official Secrets Act, 1923.
  • Companies Act, 1956.
  • Trade and Merchandise Marks Act, 1958.
  • The Prevention of Food Adulteration Act, 1954.
  • Essential Commodities Act, 1955.
  • Agricultural Produce (Grading and Marketing) Act, 1937.
  • Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.
  • Monopolies & Restrictive Trade Practices Act, 1969.
  • The Drugs and Cosmetics Act, 1940.
  • The Drugs & Magic remedies (Objectionable Advertisement) Act, 1954.
  • Insecticides Act, 1968.
  • Water (Prevention and Control of Pollution) Act, 1974.
  • Air (Prevention and Control of Pollution) Act, 1981.
  • Fruit Products Order, 1955.
  • Household Electrical Appliances (Quality Control) Orders, 1981 & 1988.
Steps Which Government Should Take to Enforce the Right
  • Requiring appropriate statements and warnings to accompany toxic products.
  • Regulating the supply of therapeutic goods and toxic products to ensure information is disclosed in a manner consistent with international practice.
  • Establishing procedure to monitor national and international developments relating to therapeutic goods and toxic products.
  • Prescribing mandatory information standards to require particular information to be disclosed about particular goods not otherwise regulated.
  • Prohibiting deceptive packaging.
  • Requiring packages to clearly identify their price and their contents.
  • Prohibiting conduct, in relation to the supply of goods or services to a consumer, that is misleading or deceptive, or likely to mislead or deceive, or which is unfair.
  • Prohibiting representations about goods or manufacturers and suppliers which are not true or which could mislead consumers.
  • Prohibiting any particular sales or marketing practices which act to the detriment of consumers.
Agencies Which Need to be Involved
  • Ministry of Food and Civil Supplies.
  • Ministry of Public Health.
  • Ministry of Information.
  • Ministry of Industry.
  • Consumer Organisations.
  • Developmental Organisations.
  • Municipal Corporations.
  • Village Panchayats.
  • Print and Electronic Media.
Right to Choice

Definition
The right to be assured, wherever possible, access to a variety of products and services at competitive prices. 

Existing Legal Framework to Enforce the Right

  • Companies Act, 1956.
  • Essential Commodities Act, 1955.
  • Prevention of Food Adulteration Act, 1954.
  • Standards Weights and Measures Act, 1976.
  • Drugs and Cosmetics Act, 1980.
  • Bureau of Indian Astandards Act, 1986.
  • Monopolies and Restrictive Trade Practices Act, 1969.
Steps Which Government Should Take to Enforce the Right
  • Ensuring manufacturers and suppliers do not abuse their rights.
  • Giving consumers right to obtain redress for goods which are unsafe, unsuitable, defective or of poor quality.
  • Establishing procedures for community and consumer education about products.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Ministry of Information.
  • Ministry of Industry.
  • Business Organisations.
  • Consumer Organisations.
  • Developmental Organisations.
  • Municipal Corporations.
  • Village Panchayats.
  • Print and Electronic Media.
Right to Representation

Definition
The right to be heard and to be assured that consumers’ interests will receive due consideration at appropriate forums. 

Existing Legal Framework to Enforce the Right

There is no specific act to deal with this right. However, there are administrative measures which take into account the right to representation. One such measure is to include consumer and other organisations in various Government Committees, Expert Groups etc. 

Steps Which Government Should Take to Enforce the Right

  • Requiring laws and policies which affect consumers to be published before they are introduced to allow consumers to comment on them.
  • Establishing procedures to channel any comments or complaints made by consumers to appropriate authorities, and to monitor the response to those comments or complaints.
  • Establishing the complaints handling systems in both the Government and non-government sectors, including the involvement of consumer representatives in the process.
  • Ensuring that consumers have standing to take action in courts and tribunals, including as third parties, to protect consumer interests.
  • Enabling consumers to take collective action before courts and tribunals.
  • Enabling indigent consumers to enforce their rights by providing access to legal and financial assistance.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Minisrtry of Law and Justice.
  • Business Organisations.
  • Consumer Organisations.
  • Developmental Organisations.
  • Municipal Corporations.
  • Village Panchayats.
  • Print and Electronic Media.
Right to Redressal

Definition
The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. 

Existing Legal Framework to Enforce the Right 

  • Consumer Protection Act, 1986.
  • Monopolies and Restrictive Trade Practices Act, 1969.
  • The Arbitration and Conciliation Act, 1996.
Steps Which Government Should Take to Enforce the Right
  • Prescribing procedures to ensure consumers know their rights and how to enforce them, particularly in relation to disadvantaged consumers.
  • Ensuring that consumers are allowed to play an equal role in the resolution of their disputes.
  • Providing consumers with a right to compensation if they are injured as a result of unsafe goods or faulty services.
  • Establishing procedures to monitor the number of complaints and grievances, and to report any results back to the consumer.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Ministry of Law and Justice.
  • Ministry of Industry.
  • Business Organisations.
  • Consumer Organisations.
  • Developmental Organisations.
  • Municipal Corporations.
  • Village Panchayats.
  • Print and Electronic Media.
Right to Consumer Education

Definition
The right to consumer education. 

Existing Legal Framework to Enforce the Right

  • Consumer Protection Act, 1986.
Steps Which Government Should Take to Enforce the Right
  • Ensuring that consumer laws are written in language which can be easily understood.
  • Prescribing mechanisms to monitor consumer awareness and use of their rights.
  • Introducing laws to protect particular groups with special needs as required.
  • Set in place mechanisms to inform consumers about how to enforce their rights.
  • Ensuring that consumers are aware of their responsibilities.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Ministry of Law and Justice.
  • Business Organisations.
  • Consumer Organisations.
  • Developmental Organisations.
  • Print and Electronic Media.
  • Schools, Colleges and Universities.

Note: Definitions are as per the Consumer Protection Act, 1986.
 
 

Right to Basic Needs

Definition
The right to basic goods and services which guarantee dignified living. It includes adequate food, clothing, health care, drinking water and sanitation, shelter, education, energy and transportation. 

Existing Legal Framework to Enforce the Right

  • Essential Commodities Act, 1955.
  • Textiles (Consumer Protection) Regulation, 1988.
  • Prevention of Food Adulteration Act, 1954.
  • Drugs and Cosmetics Act, 1940.
  • Drugs and Magic Remedies (Objectionable Advertisement) Act. 1954.
  • Urban Land (Ceiling and Registration) Act, 1976.
  • Indian Electricity Act, 1910.
  • Indian Railways Act, 1989.
Steps Which Government Should Take to Enforce the Right
  • Change the perspectives of the public distribution system based on the ability to pay principle to that of the benefit principle. 
  • Textiles (Consumer Protection) Regulation should be made more meaningful and practical by way of implementation. 
  • Give equal emphasis on curative as well as preventive system of health care. 
  • Make availability of safe drinking water in every villages.
  • Encourage community participation in sanitation practices.
  • Construction should be given the status of industry.
  • Low cost housing schemes should be devised and implemented.
  • Make basic and primary education free and compulsory. 
  • Ensure gradual shift from non-renewable energy resources to renewable ones.
  • Put increasing emphasis on demand management and conservation of energy and efficient utilisation of energy resources.
  • A proper policy guideline is required to arrive at the optimum combination of public as well as private operations in road transport.
  • Restructure tariff policy of State Trasport Undertaking.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Ministry of Health.
  • Ministry of Water Supply and Sanitation.
  • Ministry of Urban Development.
  • Ministry of Education.
  • Ministry of Power.
  • Ministry of Transportation.
  • Consumer Organisations.
  • Developmental Organisations.
Right to Healthy Environment

Definition
The right to a physical environment that will enhance the quality of life. It includes protection against environmental damage. It acknowledges the need to protect and improve the environment for future generations as well. 

Existing Legal Framework to Enforce the Right

  • Water (Prevention and Control of Pollution) Act, 1974. 
  • Forest Conservation Act, 1980.
  • Air (Prevention and Control of Pollution) Act, 1981. 
  • Environment Protection Act, 1986.
  • Public Liability Insurance Act, 1991. 
  • National Environmental Tribunal Act, 1995. 
  • National Environmental Appellate Authority Act, 1997. 
  • Insectisides Act, 1968.
  • Poisons Act, 1918.
  • Motor Vehicles Act, 1988.
  • Factories Act, 1948.
Steps Which Government Should Take to Enforce the Right
  • Promoting the use of products which are environment-friendly.
  • Encouraging recycling of consumer goods.
  • Requiring environmentally dangerous products to carry appropriate warnings and instructions for the safe use and disposal of the product.
  • Promoting consumer awareness of safer alternatives to toxic products.
  • Encouraging the promotion of ethical and socially responsible practices by the producers and suppliers of goods and services.
  • Ensuring that social costs of pollution are minimised.
  • Establishing procedures to monitor international developments and ensure products which are banned/restricted overseas do not find their way into national market.
Agencies Which Need to be Involved
  • Ministry of Food, Civil Supplies and Consumer Affairs.
  • Ministry of Environment and Forests.
  • Ministry of Urban Development.
  • Ministry of Health.
  • Ministry of Transportation.
  • Ministry of Agriculture.
  • Business Organisations.
  • Consumer Organisations.
  • Developmental Organisations.
  • Print and Electronic Media.
  • Schools, Colleges and Universities.
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Copyright 1999 Consumer Unity & Trust Society (CUTS), All rights reserved.
D-217, Bhaskar Marg, Bani Park, Jaipur 302 016, India
Ph: 91.141.2282821, Fax: 91.141.2282485

 

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