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Protect the rights of consumers

Published : Tuesday, 6 February, 2024 at 12:00 AM  Count : 1372
Humaira Adiba Kotha
A consumer is a person who purchases goods and services from someone who is in the business but is not actively involved in it. The government has developed policies that balance profit and quality in order to maintain the businesss profitability and legality. In our country, there are several laws that protect consumers rights. This essay aims to clarify that consumer rights are legal protections ingrained in our societys fundamental structures, not merely theoretical concepts.

Consumer rights are frequently ignored in Bangladesh because of a lack of understanding. Online buying is one of the most significant sources for consumer fraud nowadays, as consumers are tricked into purchasing something they don really desire. Furthermore, sellers are defrauding them even when they purchase everyday items such as tampered food, fake goods, inaccurate service descriptions, inflated prices, and defective warranties. Bangladesh is commemorating World Consumer Rights Day on March 15 in the midst of this.

Consumers in Bangladesh are not concern about their rightsdue tolimited knowledge on Act, complex legal procedures, weak enforcement, unfair business practices.

While the majority of developed nations have strict laws protecting consumers interests, the World Trade Organization (WTO) has also adopted numerous regulations governing trade and businesses involving the import or export of various goods and services that affect producers or manufacturers, suppliers or distributors, sellers, and ultimately consumers.

Articles 15 and 18 of the Constitution include the provisions pertaining to consumer protection. These rules, however, are less concerned with other consumer rights and more with the fundamental concerns of "food" and "health." Furthermore, the government of Bangladesh has never given any thought to including rights pertaining to consumers into the "fundamental rights" [part-(iii)] of the Constitution. Other than these, no other government demonstrated sufficient sincerity to uphold the rights of consumers; as a result, consumer rights protection laws in Bangladesh are still mostly unenforceable when it comes to the administration of justice.

Bangladesh has established laws protecting consumers, the question of effective implementation remains complex and involves various factors. Bangladesh has implemented laws to protect consumers but effective implementation remains complex. The Consumers Right Protection Act, 2009 is a crucial legislation ensuring consumer rights such as information, safety, choice, representation, and redress.

Other relevant laws include the Pure Food Ordinance 1959, The Food Safety Act 2013, Essential Commodities Act 1956, Drug Control Ordinance 1982, and Tobacco Goods Marketing (Regulation) Act 2005. The Essential Commodity Act, 1956, The Price and Distribution of Essential Commodity Ordinance 1970, The Tobacco Goods Marketing (Control) Act 1988,The Special Powers Act 1974,The Dangerous Drug Act 1930, The Trade Marks Act 1940,The Standard of Weights and of measures Ordinance 1982,The Food Grain Supply Ordinance 1956, The Penal Code 1860, The Sale of Goods Act 1930, The Bangladesh Standards and Testing Institution Ordinance, 1985, BSTI Act (Amendment)- 2003,The Essential Commodity Act 1990.

Penalties for violating consumer rights depend on the severity of the offense and the specific law involved. The Penal Code, 1860 and Special Powers Act, 1974, both address food and drink adulteration, with imprisonment and fines ranging from 1,000 Taka to 1 lakh Taka, and sometimes shipping.  The Pure Food Ordinance, 1959 (sections 14-18): Penalties include fines from 1,000 Taka to 10,000 Taka and possible imprisonment for food adulteration, The Essential Commodities Act, 1956 under section 5 and 7, prescribes imprisonment and fines for hoarding, black marketeering, and unfair pricing of essential goods.

The Drug Control Ordinance, 1982 under section 35 and 39 related to fake, adulterated, or expired drugs attract hefty fines and imprisonment for 10 years.

Sections 12-14 of the Tobacco Goods Marketing (Regulation) Act, 2005 stipulate that illegal tobacco advertising and marketing methods are punishable by penalties and imprisonment. Although these laws protect consumers rights, they are not being followed.

The laws of Bangladesh allow for the establishment of a number of organizations to defend consumer rights, including courts and tribunals like the Consumer Rights Protection Department, the National Consumer Rights Protection Council, the Special Tribunal, the Mobile Court (which may be established by a special executive order and operate under a variety of laws), the Drug Court, the Food Special Court, the Ordinary Criminal Courts, the Ordinary Civil Courts, the Marine Courts, the BSTI, and the Claims Tribunal, among others.

More importantly, under the Special Powers Act, 1974, there is a death penalty for adulterating food, black marketing, hoarding, etc., and under the Drug Control Ordinance, 1982, there is a 10 year imprisonment and/or a fine of 200000taka for manufacturing substandard or illegal substances. 3 years imprisonment and/or a taka 1000 fine for breaching the Control of Essential Commodities Act of 1956.

Many actions required to advance the interests of consumers points to the areas where consumer legislation should be most prominent, starting with the following:

1.    Government should fulfill its role as a crucial driver for social upkeep, it must develop strong regulations that really safeguard consumers.

2.    Future legislation pertaining to consumer rights must take into account the needs and expectations of the current social order.

3.    Protection against the possibility of property or person harm as well as against things that are pointless.

4.    Protection against insufficient information and unethical marketing tactics.

5.    Safeguards against unfair contract conditions and potential financial harm,giving customers access to quick and efficient dispute resolution processes.

In addition, increasing consumer awareness is essential for the effective practice of consumers ights. Efforts bygovernment agencies, non-governmental organizations (NGOs), and consumer rights groups have helped raise awareness about consumers rightsand responsibilities through campaigns, workshops, and educational programs.

The Consumer Rights Protection Act provides forthe establishment of consumer courts at various levels to adjudicate consumerdisputes. Consumers can file complaints with these courts for resolution ofgrievances related to defective products, unfair trade practices, misleading
advertisements, and other violations of consumer rights.

Ensuring the safety and quality of products iscritical for protectingconsumers rights. Bangladesh Standards and TestingInstitution (BSTI) is responsible for setting standards for various consumerproducts and monitoring compliance with these standards. Efforts to strengthenregulatory enforcement and market surveillance are essential for safeguarding consumers from unsafe or substandard products.

Investing in consumer rights education is not a one-time event it is an ongoing process. Bangladesh can empower its inhabitants to become knowledgeable, responsible, and protected consumers through long-term engagement among individuals, consumer organizations, and government institutions, establishing a market based on trust, fairness, and mutual respect. Now it is high time to protect consumers rights in Bangladesh which is crucial for our daily livelihood.

The writer is a second year student, Department of Law & Human Rights, University of Asia Pacific



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