Explain the evolution of Consumer protection in India and examine how it is a sine-qua-non for Good Governance?

Model Answer

Introduction

In today’s world, the protection of the consumer is considered to be of utmost importance. In simple words, a consumer is any person who purchases a product and uses the product. Consumer Protection refers to the shielding of consumers against malpractices of sellers and traders. One of important milestones in the area of consumer protection in India has been the enactment of the Consumer Protection Act, 1986.

Evolution of Consumer Protection in India

• Ancient India: Ancient India witnessed the supremacy of the Vedas as a religious text, coming from God himself. The Vedas was strictly followed by the majority in the ancient Indian society.Apart from the Vedas, this period also gave rise to the Code of Chanakya, Manu Smriti, Narada Smriti and so on.
• Medieval India: A shift in the time period of India from ancient to medieval resulted in a focus on Islam as a religion and the laws of Islam. The Holy Quran, the main text of the Muslims, also stressed the protection of consumers.The Quran has verses that indicate that the use of unjust weights and measures is unacceptable. During the period of the Sultanate, local conditions determined the price of commodities.
• Post Independence India:
• The Constitution of India provides for the protection and promotion of an individual’s rights in the Directive Principles of the State Policy. This concern makes it imperative to provide for the welfare of the individual as a consumer, a client and a customer.
• One of the most important milestones in the area of consumer protection/consumer movement in India has been the enactment of the Consumer Protection Act, 1986.
• The Act empowers consumers by giving them six basic rights:

1. Right to Safety
2. Right to Information
3. Right to Choose
4. Right to be Heard
5. Right to Redressal
6. Right to Education

• However, over the years, there have been challenges in the implementation of the Act like unawareness among the consumers of their rights and extensive delays in resolving a consumer case.
• In this context, the Law Commission of India recommended for a separate law to address these major concerns.
• Therefore, bills were introduced in 2011 and 2015 to enable consumers to file online complaints, and against unfair terms in a contract. But, eventually, they got lapsed.
• Then, the Consumer Protection Bill, 2018 was introduced to replace the 2015 Bill but it also got lapsed with the 16^th Lok Sabha.
• Finally, the Consumer Protection Bill 2019 has got the Parliamentary nod.

Consumer Protection as Sine-qua Non for Good Governance

An effective, efficient and fair implementation of the Consumer Protection Act is one of the conditions precedents for promoting the culture of good governance and thereby ensuring better promotion and protection of the rights of the consumers.

Good governance has 8 major characteristics. They are:

1. Participatory: A successful Consumer protection System involves pro-active participation of consumers, consumer courts, higher judiciary and the executive in implementation of the law in letter and spirit.
2. Consensus Oriented: Since every person in the economy is a consumer in some form or the other, so it is essential that every consumer can find solutions to the every possible grievance which he/she could face. Also, in order to have a sustainable grievance redressal system, it is important to have consensus of all the stakeholders so that all the concerns could be taken into account in formulation of law and policies.
3. Accountable: In view of the remedies available to the consumers under the Consumer Protection laws there is no doubt that at the end of the day, if efforts of the operators of law and agencies are genuine and there is a sense of commitment, the culture of good governance would pervade wherein the consumers would feel highly satisfied and there would be no real cause for a complaint or showing their dissatisfaction in any way.
4. Transparent: Consumers have every right to be informed about the quality, quantity, potency, purity, standard and price of service or goods, with a view to protect the consumers against unfair trade practices
5. Responsive: The consumers should be assured that if something goes wrong with them, their interest will receive due care in the appropriate Consumer Forum.
6. Effective and Efficient: The justice should not just be done but it should be visible also. It is important to ensure speedier resolution of cases and the consumers should be enabled to fight the cases without the need of lawyers.
7. Equitable and Inclusive: The consumers should be educated about the prevalent practices in the market and the remedies that can be availed against them. Easy and affordable access to the justice delivery system will enhance the inclusivity
8. Rule of law: The strict enforcement of law will establish the trust of the consumer in the governance.

Conclusion

The concerns of good governance are directly linked to Consumer Protection law and institutions. The thrusts of good governance are focussed on efficiency, effectiveness, ethics, equality, economy, transparency, accountability, empowerment, rationality, impartiality and participation. These requirements of good governance co-relate with the concerns of the Consumer Protection law and policies. Therefore, the proper and effective implementation of the laws, dealing with the protection of the Consumers’ rights would promote the cause and concern of good governance.