Month: May 2022

Role of Consumer Protection Act | Right of Consumers in India

May 3, 2022
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10 min
2 years
1,805 word

Tagged Consumer Protection, Consumers, India, Law

Role of Consumer Protection Act | Right of Consumers in India

Keywords:- Consumers, Consumer Protection, India, Consumer Rights

AUTHOR: SONALI SINGH

INTRODUCTION

The Consumer Protection Statute (CPA) of 2019 superseded the 1986 Act. It is a landmark piece of legislation which ensures that justice is delivered in a more timely, convenient, and user-friendly manner. This statute intends to resolve complaints about non-standard goods and inadequate services that are promised but not delivered. This Act aims to provide justice through quasi-judicial forums such as the Dispute Settlement System at the national, state, and district levels as well as an alternative dispute resolution system.

The Central Consumer Protection Authority (CCPA) was established as part of the 2019 Act. Which also included rules for the new tech-driven economy. The statute recognizes the importance of consumer activism and education in the consumer protection regime. The Act, through its succeeding provisions, is also attempting to establish more legal nodes in many industries. So that more nodal personnel are available to address people’s grievances.

A consumer is an important market participant. Consumer rights must be maintained in cases of consumer exploitation. According to the regulatory Consumer Protection Act of 1986, there are six consumer rights. This lesson explains the notion of consumer protection and the definition of rights in simple terms.

Who is a Consumer?

A consumer is a person who purchases a product or service for his or her consumption rather than for resale. In the market, consumers play a vital role. All of the customers and producers of a good or service make up the market for that good or service. Producers will be unable to give the goods if there is no consumer.

Consumer exploitation, on the other hand, is a common occurrence. Consumers are frequently offered less than the actual weight of food, and many stores sell uncertified products. A lot of times, the consumer gets charged more than the market price. As a result, consumer protection plays a significant role.

SCOPE OF THIS ACT

The Consumer Protection Act is not domain-specific. It applies to almost every industry in which a consumer pays for something.

Such as electricity, medical services, insurance, commerce, banking transactions, real estate, telecommunications companies, fast-moving consumer goods (FMGC), tourism and hospitality, and so on.

All of the aforementioned domains are also governed by regulations that are developed from time to time for effective governance, and various laws refer to CPA.

Consumer Protection Act, 1986

Consumer Rights refer to the right to know about the quality, potency, quantity, purity, price and standard of goods and services. Every consumer must understand their rights. Even though India has strong and clear consumer protection legislation, the position of Indian consumers may be termed catastrophic. The CPA is the most important of the several laws enacted in India to safeguard consumer rights. According to this law, individuals, firms, Hindu undivided families, and companies all have the right to use their consumer rights to buy products and services made by them. A consumer needs to be aware of his or her fundamental rights.

The following is a list of consumer rights in India:

Right to be protected from all types of hazardous goods and services.
The right to be fully informed about the performance and quality of all goods and services.
The freedom to select the items and services you desire.
In all consumer-related decision-making processes, the right to be heard.
When a consumer’s rights are violated, he or she has the right to seek remedies.
Consumer education is a legal requirement.

The Consumer Protection Act of 1986, as well as other pieces of legislation like the Weights, Standards, and Measures Act, can be crafted to ensure fair market competition. As well as the free flow of accurate information from product and service suppliers to consumers. The Ministry of Consumer Affairs, Food, and Public Distribution has established the Department of Consumer Affairs as the nodal organization for protecting consumer rights. Resolving consumer grievances, and promoting standards governing goods and services in India. As a result of the Indian government’s recognition of the plight of Indian consumers.

The following is a concise summary of all consumer rights:

Right to Safety

According to the Consumer Protection Act of 1986, the consumer right is defined as the “right to be protected from the marketing of goods and services that are detrimental to life and property”. It covers some industries such as healthcare, pharmaceuticals, and food processing. But it also covers any domain that has a substantial impact on a consumer’s health or well-being, such as autos, housing, domestic appliances, travel, and so on.

Right to Information

The right to information is defined as “the right to be informed about the quality, amount, potency, purity, standard, and price of goods or services, as the case may be. To safeguard the customer from unfair business practices,” according to the Customer Protection Act of 1986. Advertising and word of mouth are the two main sources of information for Indian consumers. Although both of these sources are considered untrustworthy, word of mouth is still commonly used in India. As a result, Indian consumers rarely have precise and thorough information to assess a product’s true value, safety, compatibility, or dependability. Hidden costs, inadequacy, quality concerns, and safety hazards are frequently revealed only after a product has been acquired. On paper, the Indian government asserts a different entitlement.

Right to Choose

Right to Choose is defined as “the right to be assured, whenever practical, of having access to a variety of goods and services at competitive prices” under the CPA of 1986. To govern the market sector, only one thing is required: competition. Consumerism has been demonstrated to suffer as a result of cartels, oligopolies, and monopolies. Natural resources, the liquor industry, telephones, aeroplanes, and other industries are all influenced to some extent by the mafia. Indian consumers are naturally predisposed to tolerate monopolistic markets due to their socialist past.

Right to be Heard

The Consumer Protection Act of 1986 defines the right to be heard as “the right to be heard and to be assured that consumer interests will be adequately considered at appropriate forums”. This right empowers Indian consumers by allowing them to express their grievances and issues without fear of retaliation. As well as to raise their voices against products or corporations, ensuring that their concerns are heard and addressed promptly.

Right to Redressal

The right to redress is defined by the Consumer Protection Act of 1986 as the right to seek remedy against unfair business practices, restricted trade practices, or unethical exploitation of customers. The Indian government has fared a little better in this regard. Consumer courts such as District Consumer Disputes Redressal Forums, State Consumer Disputes Redressal Commissions, and National Consumer Disputes Redressal Commissions were formed by the Consumer Protection Act.

Right to Consumer Education

Every Indian person has the right to obtain instruction on consumer protection concerns as well as his or her rights under the Consumer Protection Act of 1986. Consumers in the country will have easy access to instructional programs and materials that will assist them to make better purchasing selections than previously. Consumer education encompasses both formal education delivered through college and school curricula, as well as consumer awareness efforts carried out by both non-governmental and governmental organizations.

ISSUES AND NEW TRENDS

Cybercrime and monetary fraud are on the rise as a result of sophisticated technology. Misleading advertising is a major issue, as we see celebrities advocate even non-legal tenders, convincing many people to invest. Product standardization is still a work in progress that will take years to complete. Prices of services and products are another grey area that has received little attention. For example, auto-rickshaw drivers are still not required to use meters as a norm, and the general public is not obliged to fight before every trip they take.

When visiting a new state and travelling during peak season. Exorbitant prices are charged by everyone from the hotel to the auto-rickshaw driver; these are real-life difficulties. We need a system in place where complaints can be heard right away and solved. We must confess that many problems go overlooked, resulting in people losing their riches and receiving subpar services. No one wants to get mixed up in legalities and processes. India is one of the world’s fastest-growing e-markets. Because of the country’s large population and the fact that India produces the most unicorns, the country requires a strong legal framework. The online availability of event health-related products and services, virtual shopping of goods and services, and loan applications are all expanding as a result of the covid-19 epidemic.

SOLUTION

A technological problem necessitates both a technical solution and skill. If the economy is not to suffer, the speed with which justice is disseminated must be modernized using new means and technology. Modern equipment is required for governance to become modern. We need speedier innovations, and one size does not fit all. Methods in pilot project modes should be allowed, and depending on their success, they should be deployed elsewhere, because technology is developing at a breakneck pace. Methods that are specific to a given region should be encouraged. Also, manpower should be increased. For example, a tourist location should have an official who is always accessible so that customers may get their complaints resolved quickly.

CHANGE IS REQUIRED

The Kamlesh Moses vs. Safdarjung Hospital ruling has to be reconsidered. The consumer courts must include hospitals that give free services in their jurisdiction because some cannot afford it due to financial incapacity, and everyone has the right to health. Also, because public hospitals are funded by taxpayers and are effectively paid out of people’s pockets. There appears to be no reason why they should not be covered by consumer protection laws. The categorization itself appears arbitrary, depriving many people of the right to profit from a law.

CONCLUSION

The legislation has solved numerous difficulties over time by resolving matters without becoming bogged up in legal subtleties, but it has also become burdensome, with a significant time gap between filing and disposal. We need to think outside the box. Consumers must be made aware that they expect the best service possible for every dollar they spend. We can only achieve this if we have a reliable system in place that operates 24 hours a day, seven days a week, and operates under the motto “the customer is king,” without discriminating based on the consumer’s financial capacity because the act does not establish a minimum threshold for filing complaints.

Even today, complaining about a mistake and subsequently participating in the corrective procedure is more expensive than finding a new service provider or purchasing new products, and this situation should change. Time is money, and the trend of consumer forums taking as long as Indian courts are worrying, necessitating an immediate shift in the legislative framework.

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What is Capital Punishment? Its Constitutional Validity in India

Article / Law

May 2, 2022
/ Leave a Comment on What is Capital Punishment? Its Constitutional Validity in India

7 min
2 years
1,231 word

Tagged Capital Punishment, Constitutional, Death Penalty, Punishment, Rarest of Rare

What is Capital Punishment? Its Constitutional Validity in India

Keywords: Capital Punishment, Punishment, Death Penalty, Rarest of Rare, Constitutional

AUTHOR: SONALI SINGH

Introduction

All punishments are based on the same premise: there must be a consequence for transgression. The majority of religious and ethical systems teach that wicked actions have unpleasant consequences. There are two basic reasons for punishing wrongdoers: it deters others from doing wrong and it deters the wrongdoer from doing so again. The death sentence is based on the same premise as other forms of punishment. It is much more subject to controversy over its justice, appropriateness, and effectiveness than other penalties because of its extreme and irreversible character. Death penalty supporters believe that it is an effective approach to deter crime. They emphasize the death penalty as a deterrent or as a tool to prevent or reduce crime. They feel that the death sentence is the justest way to deal with criminals.

Since the dawn of time, the death sentence has been used as a form of punishment. The reasons for and against have remained mostly unchanged over time. Crimes, as well as how they are punished, are linked to the culture and civilization from which they emanate. At this point, when the debate over whether or not death punishment should be abolished is still raging. It’s important to remember how legislatures and the Supreme Court have dealt with this problem in the past. Another point to consider is the scope of judicial discretion.

CAPITAL PUNISHMENT: WHAT DOES IT MEAN?

Capital punishment, according to the Oxford Dictionary, is the legally sanctioned killing of someone as a punishment for a crime.

(1) Capital punishment is the death penalty imposed for crimes involving planned murder, numerous murders, repeated crimes, rape and murder, and other offenses for which the criminal provisions consider the perpetrators to be a grave threat to society’s existence and impose the death penalty.

(2) Capital punishment, also known as the death penalty, is a legal process used by the state to punish criminals.

DEATH PENALTY’S HISTORICAL BACKGROUND

The death penalty is a long-established sanction. There is almost no country on the planet that has never used the death sentence. The history of human civilization indicates that capital punishment has never been abolished as a form of punishment. Under the Laws of Draco (7th century BCE), capital punishment for murder, treason, arson, and rape was commonly practiced in ancient Greece. While Plato thought that it should only be applied to the incorrigible. It was also used by the Romans for a wide range of crimes, though citizens were exempted for a brief while under a republic.

This is backed up by Sir Henry Marine’s comment that the “Roman Republic did not abolish the death penalty, while its non-use was principally directed by the practice of punishment or exile and the procedure of questions.”

INDIA’S CONSTITUTION AND THE VALIDITY OF THE DEATH PENALTY

The death penalty has been debated, analyzed, and examined for a long time, but no consensus can be formed on whether it should be kept or removed. From the dawn of time, the death penalty has been a method of punishment used to eliminate offenders and as a punishment for the most egregious crimes.

Various countries have diverse perspectives on crime in various ways. In Arab countries, the retributive punishment of “an eye for an eye” is used. But in other countries, deterrent punishment is used. In India, for example, there has been a recent shift toward restorative and reformist methods of punishment.

India is one of 78 countries that have retained the death penalty, claiming that it will only be used in the “rarest of rare conditions” and for “special reasons”. Neither the legislation nor the Supreme Court has specified what a rarest of the rare situation or unique reason is.

Judgements

The constitutional validity of the death penalty has been questioned in several cases, the most recent of which was JAGMOHAN SINGH V. STATE OF U.P.[1], in which the Supreme Court rejected the argument that the death penalty is a violation of the “right to life” guaranteed by Article 19 of the Indian constitution. In another case, Rajendra Prasad v. State of Uttar Pradesh[2], Justice Krishna Iyer emphatically emphasized that the death sentence is a violation of articles 14, 19, and 21 of the Constitution.

However, in the landmark case of Bachan Singh v. State of Punjab[3], the Supreme Court reversed its earlier ruling in Rajendra Prasad by a majority of 4 to 1 (Bhagwati J. dissenting). It stated that the death penalty as an alternative punishment for murder is not unreasonable and thus violates articles 14, 19, and 21 of the Indian Constitution. Because the “public order” contemplated by clauses (2) to (4) of Article 19 is distinct from “law and order”. It also stated that the death penalty should be applied only in the “rarest of rare cases.” In Machhi Singh v. State of Punjab[4], the Supreme Court outlined the broad limits of when a death sentence should be imposed.

Opinion of Supreme Court

Similarly, the Supreme Court has expressed its opinions on the death sentence and its constitutionality in many other cases. However, in India, the death penalty is applied; Mohammed Ajmal Kasab was sentenced to death not long ago. The Pakistani gunman convicted in the 2008 Mumbai bombings was condemned to death by hanging on November 21, 2012, after much discussion, politics, and argument. Next in line is Afzal Guru, who was convicted in the 2001 Parliamentary attacks and was likewise hanged on 9 February 2013 after a lengthy political debate. Devendra Pal Singh Bhullar, a 1993 car bombing convict. Will be executed in the coming days after his mercy petition was denied by the Supreme Court.

In India, there has been a wide range of opinions on the death penalty. With some advocating for its continued use and others advocating for its abolition. Those in support of death penalty say that it should only be used for the most terrible and rarest of crimes. Such as the Delhi gang-rape case, where the demand for the accused’s death punishment was increased. However, opponents of the death penalty contend that it is a humane and heartless investment by an uncertain and unkempt society on religious, moral, and ethical grounds. It has also been suggested that it be replaced with life imprisonment or any other alternative.

CONCLUSION

For far too long, the death sentence has been attacked without any grasp of its complexities. It has been heavily criticized for arbitrariness, irreversibility, and violations of human rights. The death penalty, on the other hand, passes muster on all points. In India, the capital penalty is not only constitutionally valid but is also supported by several court rulings. To abolish capital punishment in a country like India, the public’s attitude toward it must alter. The public should believe that justice can be served even if persons are not officially assassinated. Just a majority of Indians believe that capital punishment is not necessary to attain justice. And only a few laws and legislations will bring about change. If that is done, it will be successful. If this is done, it will only result in further alienation from the state and increased distrust of the legal system.

[1] State of Uttar Pradesh vs. Jagmohan Singh (1973) 20 SCC 1

[2] AIR 1979 SC 917, Rajendra Prasad vs. State of Uttar Pradesh.

[3] Bachhan Singh vs. Punjab State, 3 SCC 727 (1979).

[4] AIR 1983 SC 957, Machhi Singh vs the State of Punjab.

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