Right to Safety Dr Keya Ghosh CUTS International

Right to Safety Dr Keya Ghosh CUTS International National Conclave on ‘Consumer Issues’ 11 October 2012, New Delhi

A Few Questions What is right to safety? Does everyone have the right to life, liberty and security? UNDHR Article 3) Why has people’s right to safety become so important? (The Constitution of India recognizes this right as a fundamental right) Which Indian Acts provide and ensure this right? (Safety is an over-arching issue covered over at least 24 Acts ) (

Plethora of Policies, but Ground Reality? House Collapse Bus and Train collision A road accident victim ----a road accident is happening one every minute

How many people know? Section 134, Motor Vehicles Act makes it mandatory on both the driver/owner of the vehicle to take the accident victim to the nearest doctor, and the doctor to treat the victim without waiting for any formalities. Failure to comply with this action is punishable under Section 187 of MV Act.

Fire Accidents Fire in garment manufacturing factory in Howrah ( PTI) Carlton Tower Developer (Bangalore) still missing Nine people had died when the high-rise building caught fire. .

PLACES LIKE SCHOOLS AND HOSPITALS TOO ARE NOT OUT OF THE RISK ZONE At least 12 school children were charred to death and 8 injured in a massive fire that broke out at a private hostel in Arunachal Pradesh At least 91 people were killed in the deadly hospital fire In Kolkata

New Safety Challenges----a recent case study A freelance crime reporter who received a courier parcel was blown to pieces at her own residence in Howrah on 26 September 2012 Small courier firms --- do they have X-ray machines to run a quick scan before accepting each parcel? Are most courier companies following the standard operating procedure?

This is the reality!!! Not a single day passes without an accident of some kind!!! Why? ? ? What are these accidents pointing at? ?

Consumer Protection Act 1986 (COPRA)— Safeguards the overall safety of consumers, both products and services. The following provisions provide relief to consumers: Sale and marketing of goods which are hazardous to life and property is prohibited---hazardous goods cannot be sold; have to be withdrawn from the market; and even manufacture of such goods should cease. The right of the consumer to be informed about quality, quantity, purity, composition and standards is strengthened.

HOW MANY PEOPLE ARE AWARE OF THIS ACT? OTHER FINDINGS FROM THE SURVEY Only 20 per cent of the respondents knew about the existence of this ACT, but many did not know about the rights conferred to them through this Act. 32% respondents NEVER consider safety aspect of a product before making a purchase. 40% respondents were ignorant of any safety or quality certifications such as ISI, ISO and Agmark. Just 2. 5% respondents were able to correctly name at least one product other than cigarettes, pan masala, liquor, food material and medicines that should carry mandatory warnings/ safety provisions.

What does an ISI mark mean? ? Why do such diverse products have this mark? ?

Does the common consumer know? The product conforms to the standard set by BIS for that product—a seal of QUALITY means DOES IT NECESSARILY GUARANTEE SAFETY for all products? If only for certain products, for which? e. g. What does the ISI mark on the bottle of water mean? Does it certify the quality of water or the quality of the bottle/ container?

How can we expect the Indian Consumer to know? • Which are misleading advertisements • About the recall systems and Provisions for penalties of Food Business Operators provided under FSSAI Act • The National Toll Free Food Safety Helpline No. (1800 11 2100) • Compulsory Certificate Scheme of BIS for items meant for mass consumption, consumer safety, health and energy conservation • The items brought under mandatory certification such as milk powder, packaged drinking water, LPG cylinders, oil pressure stoves, clinical thermometers, etc.

Why this Colossal Consumer Ignorance-- the first and foremost cause for the pathetic scenario of safety • • • Insufficient attention, effort and resource allocation towards education of the Indian consumers Regional disparity-The number of cases filed in District Forums since its inception: • In Andhra Pradesh, it was 19, 014 while in Nagaland it was only 246. • In Assam, it was 13, 704 while in Arunachal Pradesh it was only 340. • In West Bengal, it was 81, 723 and in Sikkim, it was 283. • Is this disparity due to the difference in the initiatives and efforts of the States towards creating aware consumers?

WHAT IS THE SOLUTION? • Therefore long-term, nation-wide, planned and structured consumer education and training programme on a regional basis (on safety) is the fundamental solution to the problem. • Consumer education and empowerment will remove consumer APATHY which in turn WILL REMOVE CONSUMER INACTION only then harnessing of consumer power will happen. • AWARE, ALERT and ACTIVE CONSUMERS ALONE can bring about the desired change!!

The nd 2 Reason and Solution • Reason: Inadequate Infrastructure and Resources of Existing Redressal Mechanism. • Solution: Consumer Forums and Commissions established under Co. PRA need to be given extra attention, infrastructure support to ensure their efficient, effective, and inexpensive functioning.

CASE STUDY • As per the report published by the Census of India on 31 st March 2011, West Bengal’s total population was 91, 347, 736 ( 9. 13 crore). • Number of cases filed in the West Bengal State Consumer Dispute Redressal Commission during the year was only 969, which is 0. 001 per cent of the total population. • The total number of cases to be redressed during the year was 1742, but only 821 cases were disposed of, leaving 921 cases pending.

The rd 3 Reason and Solution Reason: Poor Governance and Lax Implementation Solution: Promotion of Good Governance through Consumer Protection Act • Services provided by a private body or statutory or public authority within the jurisdiction of the Consumer Protection Act. • In the judgment of the Supreme Court in Lucknow Development Authority Vs M. K. Gupta, while establishing the Jurisdiction of the Consumer Disputes Redressal Agencies, it was emphasised that the service provided by a private body or statutory or public authority is within the jurisdiction of the Consumer Protection Act.

• The case upheld the personal accountability of the public functionary concerned. Such exemplary cases should be highlighted and publicised among consumers for using Co. PRA effectively to improve governance and change the pathetic scenario of safety More and more cases have to be fought by consumers and such cases need to be popularised through media---combined effort of Aware Consumers and Media

Way Forward (What? ) Consumer Education and Empowerment Consumer Demand Action ( safer products, safer working and living conditions, and a safer environment to live in) The Power of Discriminatory Consumers is Harnessed to Change the Situation

HOW? v This should be undertaken jointly by Department of Consumer Affairs, BIS and FSSAI to begin with. v Regional programmes, models, with short-term and long-term targets should be worked out. v Civil Society should be roped in to work as a Partner in this initiative.

THANK YOU ( kg@cuts. org)