Promulgating the consumer protection law
Friday, 28 December 2007
Fahmida Akhter
FROM unlawful syndicated trading to adulterating of food-products, there are many things of great concern to the vast body of consumers across the country. Consumers in Bangladesh, specially the non-affluent ones who form the majority, have been passing very distressful days from their exploitation in many forms by artificial price escalation to supply of sub-standard and spurious goods. But government has been a silent spectator to these gross cruelties perpetrated against the consumers and, always, its leaders could take shelter under the excuse that proper laws for the protection of consumers do not exist.
If this is the case, then what prevented one government after another from adopting such laws? This is a burning question in the minds of millions and millions of consumers in the country. It emerged from the discussion at a recent round-table meeting that successive governments were shockingly irresponsible for not enacting a comprehensive law to protect consumers.
It appears that such a law in draft form was drawn up a long way back in 1992. It then travelled to and fro between different ministries and was even approved in cabinet meetings of several governments in this period. And yet, it is a big question mark, that it has not been introduced in parliament for long 14 years. This foot-dragging is simply inexcusable and also completely unreasonable. It is well understood that an important proposed legislation takes time for enactment as it has to go through some scrutinising processes. But there has to be a reasonable time-limit for exhausting such scrutinise . Surely, it is neither sensible nor believable that these examinations cannot be completed even after one decade and a half to leave uncertain the introduction of a legislation felt and judged to be of great significance for the greatest number of people in the country.
It is only logical to infer from all these that vested interest groups are out to frustrate this vital legislation. In that case, it becomes important for civil society and different civic forums, particularly the ones dealing with consumers' interests, to raise a hue and cry for its immediate adoption and implementation. The present interim government is seen making efforts to create laws through ordinances in some areas of great significance for the country. Thus, it can also promulgate this consumer protection law through an ordinance which can be finally approved when the parliament will sit again. Meanwhile, it can start enforcing this law after its introduction through ordinance and this step will surely earn for it immense appreciation from the vast body of consumers in the country.
The expected comprehensive protection law or ordinance should have many aspects dealing not only with ensuring the quality of goods and services but also remedies to consumers for degraded quality. It should lay down rules and procedures for consumers to sue the producers and distributors and providers of services in relevant courts set up for the purpose. The aspects of ensuring quality must cover a gamut of attributes such as purity, proper weight in proportion to declared amounts, proper packaging, observing of different requirements in the labels, etc.
The penalties for offences should be made specially strong with fines not in thousands of Taka but in millions and also provisions for long term rigorous punishment and shutting down of operations on a permanent basis. Only the fear of such penalties and effective mechanisms for their enforcement will likely create enough motivation among the potential offenders to take steps to tidy up their activities and deal with the consumers scrupulously. Furthermore, Consumer Association of Bangladesh (CAB) and other bodies if these spring up after the promulgation of the act, should do their utmost to keep consumers aware, organised and ready to bring pressure to bear in every case of complaint by an aggrieved consumer or consumers.
FROM unlawful syndicated trading to adulterating of food-products, there are many things of great concern to the vast body of consumers across the country. Consumers in Bangladesh, specially the non-affluent ones who form the majority, have been passing very distressful days from their exploitation in many forms by artificial price escalation to supply of sub-standard and spurious goods. But government has been a silent spectator to these gross cruelties perpetrated against the consumers and, always, its leaders could take shelter under the excuse that proper laws for the protection of consumers do not exist.
If this is the case, then what prevented one government after another from adopting such laws? This is a burning question in the minds of millions and millions of consumers in the country. It emerged from the discussion at a recent round-table meeting that successive governments were shockingly irresponsible for not enacting a comprehensive law to protect consumers.
It appears that such a law in draft form was drawn up a long way back in 1992. It then travelled to and fro between different ministries and was even approved in cabinet meetings of several governments in this period. And yet, it is a big question mark, that it has not been introduced in parliament for long 14 years. This foot-dragging is simply inexcusable and also completely unreasonable. It is well understood that an important proposed legislation takes time for enactment as it has to go through some scrutinising processes. But there has to be a reasonable time-limit for exhausting such scrutinise . Surely, it is neither sensible nor believable that these examinations cannot be completed even after one decade and a half to leave uncertain the introduction of a legislation felt and judged to be of great significance for the greatest number of people in the country.
It is only logical to infer from all these that vested interest groups are out to frustrate this vital legislation. In that case, it becomes important for civil society and different civic forums, particularly the ones dealing with consumers' interests, to raise a hue and cry for its immediate adoption and implementation. The present interim government is seen making efforts to create laws through ordinances in some areas of great significance for the country. Thus, it can also promulgate this consumer protection law through an ordinance which can be finally approved when the parliament will sit again. Meanwhile, it can start enforcing this law after its introduction through ordinance and this step will surely earn for it immense appreciation from the vast body of consumers in the country.
The expected comprehensive protection law or ordinance should have many aspects dealing not only with ensuring the quality of goods and services but also remedies to consumers for degraded quality. It should lay down rules and procedures for consumers to sue the producers and distributors and providers of services in relevant courts set up for the purpose. The aspects of ensuring quality must cover a gamut of attributes such as purity, proper weight in proportion to declared amounts, proper packaging, observing of different requirements in the labels, etc.
The penalties for offences should be made specially strong with fines not in thousands of Taka but in millions and also provisions for long term rigorous punishment and shutting down of operations on a permanent basis. Only the fear of such penalties and effective mechanisms for their enforcement will likely create enough motivation among the potential offenders to take steps to tidy up their activities and deal with the consumers scrupulously. Furthermore, Consumer Association of Bangladesh (CAB) and other bodies if these spring up after the promulgation of the act, should do their utmost to keep consumers aware, organised and ready to bring pressure to bear in every case of complaint by an aggrieved consumer or consumers.