"CUTS" note for the Indian Finance
Minister
OneWorld South Asia, January
23, 2012
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Read a memo submitted by CUTS International to the Indian
Finance Minister in a pre-budget consultation.
Among several issues which will be raised by invitees, we
wish to draw the attention of the Finance Minister on just
three critical issues here, which inter alia require to be
flagged in the Budget Speech to exhibit the resolve of the
Government:
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National Competition Policy
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Road Safety
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Financial Consumer Protection
1. National
Competition Policy
The Ministry of Corporate
Affairs has drafted and circulated a National Competition
Policy among central ministries and state governments after
several consultations with stakeholders. The policy is
designed to address and reduce impediments to competition in
our policies, laws and regulations across the board. The
Ministry proposes to bring this issue to the Cabinet and
adopt the same after due process in the FE, 2012-13.
In our opinion, and articulation
by the Corporate Affairs Minister, the Policy can unleash
the 2nd wave of economic reforms in India and add to growth
hugely.
The Policy has been proposed on
the successful experience from Australia which had
introduced it in 1995 and achieved 5.5 percent economic
growth. Australia, also being a federal country, had to
incentivise States to adopt reforms, as we have done in the
case of VAT and also proposed in the GST. We also need to
adopt a suitable financial incentive scheme to do so in
India.
In fact, competition reforms can
lead to jump in revenues and hence the Union Government has
to share the same with the States through incentive schemes.
In some cases the States can also benefit directly by such
measures when introducing reforms. Annexed please find a
case study from Rajasthan, when competition reforms were
adopted in the State Excise Policy. The system of liquor
vends was democratised in 2005-06 by allotting shops to
single owners through a lottery system as against the
earlier system of auctioning liquor marketing on a district
wise basis to contractors.
Action desired: Strong support
from the Finance Minister for adoption of the National
Competition Policy so that all central ministries and States
adopt competition reforms.
2. National Road
Safety Policy
India has the unique distinction
of being the worst country in the world in terms of the road
safety scenario. Our deaths due to road accidents is over
1.3 lakhs per annum and the estimated cost is over Rs.
1,00,000 lakh crores or nearly 2.00 percent of our GDP.
The WHO has forecast that this
will become the fifth largest killer by 2030. The UN has
also adopted the decade of 2011-20 as the Decade of Action
on Road Safety.
We do not even have a Road
Safety Policy, while the issue straddles between the
Ministry of Road Transport & Highways and the Ministry of
Health & Family Welfare, thus we end up in situations that
the left hand does not know what the right hand is doing.
The MORTH has also drafted a
bill: National Road Safety and Traffic Management Act, but
the same was sent back to the Ministry by the concerned
Parliamentary Standing Committee because of certain
infirmities. The same needs to be expedited and the National
Road Safety Board be established without loss of further
time.
Action desired: Coordination
between Health and Road Transport Ministries, and the
adoption of the National Road Safety and Traffic Management
Act and a National Road Safety Policy.
3. Financial Consumer
Protection
After the financial crisis in
the west, one issue which has been flagged at the G-20
meetings by the global consumer movement is the need to
enhance and strengthen financial consumer protection
measures.
Each year the global economy
creates an estimated 150 million new consumers of financial
services. Most are in developing countries, where consumer
protection and financial literacy are still in their
infancy.
Indications of poor financial
consumer protection are equally infectious and can have far
reaching international consequences. The global community
now recognises that a coordinated response is necessary to
return stability to financial markets. The clear link
between financial consumer protection and market stability
means that strengthening the former is vital to ensuring the
latter.
Financial inclusion is key to
financial consumer protection. However out of 1.21 billion
Indians, only about 40 percent citizens still have access to
formal banking services. Only 38 per cent (32,000 branches)
of the bank branches are in the rural areas.
Violation of data privacy;
hidden or inflated charges or fees; unfair contract terms
and conditions (including unfair variation of contract
terms, interest rates or charges); undisclosed level of
financial risk passed to the consumer; contract terms not
explained clearly at point of sale; after-sale customer
service falling below expectations; aggressive or invasive
sales techniques; breach of contract by the service
provider; failure to deliver the service; exclusion from
service etc. are some of the common problems still faced by
consumers of financial services in India as anywhere in the
world.
To highlight one particular
aspect, is the short changing of workers who are remitting
their earnings from abroad. In total, money transfers from
workers overseas contributed USD55 billion to the Indian
economy in 2010. To put it into perspective, that’s over
twenty five times the amount of foreign aid or constituted
around 5.00 percent of the national income. However migrant
workers have to pay charges of 10 to 20 percent on each of
these transfers, with the result that for every INR100 sent
home their family may receive only INR 80 or 90. For
instance Indian workers in Canada pay an average of 10.54%
when sending money home.
There is an urgent need of a
strong consumer protection mechanism, setting clear rules
for financial institutions regarding their dealings with
retail customers and to ensure that consumers receive
information to allow them to make informed decisions, are
not subject to unfair or misleading practices and have
access to redressal mechanisms to resolve disputes.
While we appreciate the
initiatives of the Government for financial inclusion and
recent measures to protect the consumers of financial
services, including the move to allow ‘savings account
portability’, much more needs to be done to ensure fair,
secure and stable financial services to the consumers.
Action desired: The Finance
Ministry to take stock of the existing financial consumer
protection measures and establish institutions or strengthen
existing ones, simultaneously networking with similar
institutions elsewhere to provide higher standards of
consumer protection to financial consumers.
Pradeep S Mehta is the Secretary
General, CUTS International.
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