CRP: proper enforcement remains the key
Shamsul Huq Zahid | Monday, 25 August 2008
The anxious wait for a law that would protect the consumers from the unholy desires of the unscrupulous traders seems to be over. The council of advisers last week approved the Consumers Rights Protection Ordinance, 2008.
After making a few amendments to the draft ordinance as suggested by the council the Ministry of Commerce will send it soon to the President for promulgation.
Commerce secretary expressed the hope that the proposed law would protect the consumers from the greedy traders who hoard good and form cartel to fleece the consumers at will.
The officials who drafted the ordinance are expected to be aware of all the tricks that are played by the unscrupulous traders to cheat the consumers since the media, from time to time, have exposed the same adequately. It would be really unfortunate if they fail to incorporate into the law the necessary deterrents against all the unholy practices of the dishonest traders.
The consumers, who have suffered enough in the hands of greedy traders, would like to see early promulgation of the ordinance and its proper enforcement notwithstanding the fact that most people are not aware of the contents of the proposed law.
Consumers have been always at the receiving end in this country that is widely considered a sellers' market. Traders, utility service providers, health services, both in public or private sectors, can easily get away with their crimes that cause financial as well as physical injuries to general consumers or subscribers in this country.
A section of unscrupulous producers and traders at the opportune time are found forming an unholy alliance to market adulterated food items, spurious medicines, fake and substandard goods. The quality of the service provided by various utility agencies has been extremely poor. Yet the people have to remain dependent on them in the absence of alternatives.
For the last three to four years or so, there have been some limited administrative actions mainly against food adulteration in urban areas. It has produced some results, no doubt. But the propensity among Bangladeshi producers and manufacturers to indulge in unethical practices and earn more than usual profit is very strong. The absence of tough laws, public surveillance agencies and private consumers' rights protection organizations has made the climate rather favourable for continuation of unethical business practices.
However, small traders, at times, tend to use toxic chemicals on food items, such as fish and fruits, without being aware of the dangerous effects of the same on human health.
The mobile courts headed by magistrates are seen at times taking actions against food adulterators and traders using toxic chemical on food items and fruits. But those could hardly deter them from indulging in such evil practices since the administrative actions are too inadequate compared to the scale of the crime.
There were some definitive moves during the immediate past government to enact a consumers' rights protection law and several drafts of the proposed law were prepared and placed before council of ministers.
However, there were delays for mysterious reasons in the adoption of the law through the national parliament. Hundreds of laws were drafted by relevant ministries, placed before the cabinet and passed by the parliaments formed since 1991 but this act got stuck up in the cobweb of bureaucratic and political nexus.
The influential business quarters might have played dirty trick to delay the adoption of the piece of legislation that would hurt their interests.
However, the council of advisers of the present interim administration in its regular weekly meeting held soon after its assumption of power agreed in principle to adopt an ordinance in this respect. After some necessary changes to the draft, the council has finally approved the law that would soon be promulgated by the President in the form of an ordinance.
It is not known whether the proposed ordinance contains penal provisions against traders indulging in undue profiteering. Inclusion of a provision for tough punishment for anyone indulging in such a crime seems necessary.
The intransigent attitude of a section of traders displayed at a recent meeting with the BDR chief has made the existence of such a provision highly necessary. The edible oil refiners and importers at the meeting made it amply clear that they would not reduce the prices of edible oils when their attention was drawn to the substantial fall in the prices of edible oils in the international market. They cited the higher procurement costs as the reason for their inability to bring down the prices of edible oils. However, they preferred to remain silent when they were asked as to why they increased the prices of their goods instantly if the prices of the same went up in the international market. There is still time to incorporate provisions into the proposed law for ensuring adequate punishment for profiteering, hoarding etc.
One does not expect the situation to change on the ground radically with the passage of the law. For the benefits out of a law largely depends on its proper enforcement-an area where country's scorecard has been really poor. But the consumers' protection law is particularly important for the reason that the aggrieved consumers would be able to seek legal redress under it individually or in groups.
The draft law has, reportedly, proposed the formation of an advisory body on consumers' affairs. The earlier drafts proposed the formation of a consumers' protection council with the objective of filling up both legal and institutional vacuum in the matters of protecting the over-exploited consumers. Since the draft has not been made public, it is difficult to know the details. However, because of the very nature and goals of the present interim administration, consumers would like to believe that their rights and welfare would be protected well in the proposed ordinance and the wrongdoers would get a raw deal.
After making a few amendments to the draft ordinance as suggested by the council the Ministry of Commerce will send it soon to the President for promulgation.
Commerce secretary expressed the hope that the proposed law would protect the consumers from the greedy traders who hoard good and form cartel to fleece the consumers at will.
The officials who drafted the ordinance are expected to be aware of all the tricks that are played by the unscrupulous traders to cheat the consumers since the media, from time to time, have exposed the same adequately. It would be really unfortunate if they fail to incorporate into the law the necessary deterrents against all the unholy practices of the dishonest traders.
The consumers, who have suffered enough in the hands of greedy traders, would like to see early promulgation of the ordinance and its proper enforcement notwithstanding the fact that most people are not aware of the contents of the proposed law.
Consumers have been always at the receiving end in this country that is widely considered a sellers' market. Traders, utility service providers, health services, both in public or private sectors, can easily get away with their crimes that cause financial as well as physical injuries to general consumers or subscribers in this country.
A section of unscrupulous producers and traders at the opportune time are found forming an unholy alliance to market adulterated food items, spurious medicines, fake and substandard goods. The quality of the service provided by various utility agencies has been extremely poor. Yet the people have to remain dependent on them in the absence of alternatives.
For the last three to four years or so, there have been some limited administrative actions mainly against food adulteration in urban areas. It has produced some results, no doubt. But the propensity among Bangladeshi producers and manufacturers to indulge in unethical practices and earn more than usual profit is very strong. The absence of tough laws, public surveillance agencies and private consumers' rights protection organizations has made the climate rather favourable for continuation of unethical business practices.
However, small traders, at times, tend to use toxic chemicals on food items, such as fish and fruits, without being aware of the dangerous effects of the same on human health.
The mobile courts headed by magistrates are seen at times taking actions against food adulterators and traders using toxic chemical on food items and fruits. But those could hardly deter them from indulging in such evil practices since the administrative actions are too inadequate compared to the scale of the crime.
There were some definitive moves during the immediate past government to enact a consumers' rights protection law and several drafts of the proposed law were prepared and placed before council of ministers.
However, there were delays for mysterious reasons in the adoption of the law through the national parliament. Hundreds of laws were drafted by relevant ministries, placed before the cabinet and passed by the parliaments formed since 1991 but this act got stuck up in the cobweb of bureaucratic and political nexus.
The influential business quarters might have played dirty trick to delay the adoption of the piece of legislation that would hurt their interests.
However, the council of advisers of the present interim administration in its regular weekly meeting held soon after its assumption of power agreed in principle to adopt an ordinance in this respect. After some necessary changes to the draft, the council has finally approved the law that would soon be promulgated by the President in the form of an ordinance.
It is not known whether the proposed ordinance contains penal provisions against traders indulging in undue profiteering. Inclusion of a provision for tough punishment for anyone indulging in such a crime seems necessary.
The intransigent attitude of a section of traders displayed at a recent meeting with the BDR chief has made the existence of such a provision highly necessary. The edible oil refiners and importers at the meeting made it amply clear that they would not reduce the prices of edible oils when their attention was drawn to the substantial fall in the prices of edible oils in the international market. They cited the higher procurement costs as the reason for their inability to bring down the prices of edible oils. However, they preferred to remain silent when they were asked as to why they increased the prices of their goods instantly if the prices of the same went up in the international market. There is still time to incorporate provisions into the proposed law for ensuring adequate punishment for profiteering, hoarding etc.
One does not expect the situation to change on the ground radically with the passage of the law. For the benefits out of a law largely depends on its proper enforcement-an area where country's scorecard has been really poor. But the consumers' protection law is particularly important for the reason that the aggrieved consumers would be able to seek legal redress under it individually or in groups.
The draft law has, reportedly, proposed the formation of an advisory body on consumers' affairs. The earlier drafts proposed the formation of a consumers' protection council with the objective of filling up both legal and institutional vacuum in the matters of protecting the over-exploited consumers. Since the draft has not been made public, it is difficult to know the details. However, because of the very nature and goals of the present interim administration, consumers would like to believe that their rights and welfare would be protected well in the proposed ordinance and the wrongdoers would get a raw deal.