Consumer Protection Act
Wednesday, 27 June 2007
THE eagerly awaited Consumer Protection Act may at long last become a reality. According to media reports, the draft of the law will be considered for approval by the council of advisers very soon. There is concern in some quarters whether the new law will quite adequately meet the expectations of the consumers. The Consumer Association of Bangladesh (CAB), which has gone through the draft law, has identified several deficiencies of it. Particularly in its provision of maximum penalties for offenders, the law is considered to be inadequate for deterrent effect. Maximum jail sentence of a year and a fine of Taka 100,000, as proposed in the draft, would be no more than pinches on offenders whose crimes in many cases may justify severe penalties such as life sentences and confiscation of some portion of, or the entire property.
The harsher punishment is desirable on two counts : to discourage potential offenders and for the punishment in some cases to be proportional to the magnitude of the harms caused to victims. For instance, how to justify minor punishment like a jail term of one year in cases where sick persons would die from taking adulterated medicines or due to substandard services of some service providers in the medical sector. Offences of this type, no doubt, can be effectively discouraged only with legal provision of hard punishment. Nothing short of it will do in instances where the offenders are habitual criminals.
The draft law, according to reports, has also not brought within its ambit many services. For instance, educational institutions, recreation centres, etc., have not been covered. But education, which is extremely vital for human resource development and thus a critically import service, has been excluded from the scope of the proposed law. The strong linkage of quality education with a country's speedy economic growth and development should have been recognised in the law to be framed. It could clearly state standards and rules to be maintained in all educational institutions and provide for hard penalties for the violation of the same. Similarly, the great interest of consumers in health-related services or recreation services should have been protected. A sound mind in a fit body alongside good education makes a competent person. The draft law has neglected it. No great benefits to citizens and the country would be brought about by the proposed law keeping the vital education and health services outside its scope.
However, it is also not desirable that the proposed law would be so draconian in nature that it might even discourage legitimate enterprising. The creators of the law must not forget that an extreme fear element is never constructive. The consumer protection law to be introduced here has not provided for separate courts or tribunals to deal with offenders. It is also not clear whether the government would set up physical facilities as follow-ups to the act, such as laboratories, special testing units, teams of specialists, etc., to ascertain the quality of goods and services disputed by consumers. The roles of the Bangladesh Standards and Testing Institutes and other authorities responsible for quality control should also come under legal scrutiny in such cases. It would ensure better law enforcement from the preventive side precluding much of the agonies of the consumers.
The draft of the act in all fairness should have been made public in the first place for a thorough examination before its final adoption. Even now, the recommendations of the CAB about it need to be considered. Otherwise, it may just add to the many legislations that exist but contribute little to the purposes for which these were put into effect.
The harsher punishment is desirable on two counts : to discourage potential offenders and for the punishment in some cases to be proportional to the magnitude of the harms caused to victims. For instance, how to justify minor punishment like a jail term of one year in cases where sick persons would die from taking adulterated medicines or due to substandard services of some service providers in the medical sector. Offences of this type, no doubt, can be effectively discouraged only with legal provision of hard punishment. Nothing short of it will do in instances where the offenders are habitual criminals.
The draft law, according to reports, has also not brought within its ambit many services. For instance, educational institutions, recreation centres, etc., have not been covered. But education, which is extremely vital for human resource development and thus a critically import service, has been excluded from the scope of the proposed law. The strong linkage of quality education with a country's speedy economic growth and development should have been recognised in the law to be framed. It could clearly state standards and rules to be maintained in all educational institutions and provide for hard penalties for the violation of the same. Similarly, the great interest of consumers in health-related services or recreation services should have been protected. A sound mind in a fit body alongside good education makes a competent person. The draft law has neglected it. No great benefits to citizens and the country would be brought about by the proposed law keeping the vital education and health services outside its scope.
However, it is also not desirable that the proposed law would be so draconian in nature that it might even discourage legitimate enterprising. The creators of the law must not forget that an extreme fear element is never constructive. The consumer protection law to be introduced here has not provided for separate courts or tribunals to deal with offenders. It is also not clear whether the government would set up physical facilities as follow-ups to the act, such as laboratories, special testing units, teams of specialists, etc., to ascertain the quality of goods and services disputed by consumers. The roles of the Bangladesh Standards and Testing Institutes and other authorities responsible for quality control should also come under legal scrutiny in such cases. It would ensure better law enforcement from the preventive side precluding much of the agonies of the consumers.
The draft of the act in all fairness should have been made public in the first place for a thorough examination before its final adoption. Even now, the recommendations of the CAB about it need to be considered. Otherwise, it may just add to the many legislations that exist but contribute little to the purposes for which these were put into effect.