Consumer Protection: Tracing History & Recent Developments

Consumer protection remains a major concern. In ancient India, effective measures were put in place to protect consumers from market-based crime. Ancient lawmakers were able to explain various forms of unjust trade practices and impose severe penalties on those who did wrong. This article focuses on the evolutionary history of consumer protection. It gives the ancient, medieval, and modern period evolution of consumer protection and Consumer Protection Act 1986 and various other acts that evolved throughout its history for protection of rights of the consumer.

Introduction

The phenomenon of consumerism is as old as humanity.[1] A consumer is defined as the consumer or consumer of any goods or services that he or she receives from natural or market sources. According to John F. Kennedy, Buyer refers to everyone basically in simple terms meaning anyone who buys something. All consumers have certain consumer rights granted to them by law such as the right to information, the right to protection, the right to guarantee, the right to a hearing, the right to seek redress and the right to consumer awareness. All these rights are granted to every consumer and the requirement to provide these to the consumer are:

• We need the physical protection of the consumer, for example protection from products that are unsafe or harmful to his or her health and well-being.

• The consumer wants to be protected from fraudulent and improper trading and market practices.

• Consumer protection is required for all types of pollution so that they can enjoy a healthy environment without water, air, and food pollution.

• Consumer protection is also required for harassment of solitary trading practices and restrictions.

Consumer protection has made its deep roots on Indian soil dating back to 3200 B.C. Speaking of history but the problem of Consumer Protection is not a recent phenomenon these legal measures are designed to protect consumers who are easily deceived by unscrupulous sellers.

In recent times, one of the most important area of economic governance in all countries has been the adoption of a comprehensive consumer protection law. India a late start-up, has recently reached a stage of consumerism despite great progress during the ancient period itself.[2]

Consumer Protection in Ancient Period

In ancient India, all sections of society followed the Dharma-shastras [3] (“Dharma”), which sets out social norms and standards, and serves as a guiding principle governing human relations. The principles of Dharma are taken from the Vedas. The Vedas are the word of God, and the law is said to have had a divine origin which was conveyed to the intellectual elite. Thus, the Vedas were a major legal source in India.

Many ancient writers and commentators wrote about the living conditions of the people in their new and higher texts, including the Smriti (tradition) and the Sruti (revelation), as well as the codes governing kings and emperors in governing the State and its subjects. Consumer protection was also a part of their writings.

Among the Dharmas, the most authoritative texts are a) Manu Smriti; b) Yajnavalkya Smriti; c) iNarada Smriti; d) Brussels Smriti; and e) Katyayana Smriti. Among these, Manu Smriti was a major influence.

Manu Smriti

Manu Smriti describes the social, political, and economic conditions of the ancient society. Manu, an ancient supporter, also wrote about good trade practices. He determined the conduct of traders and the punishment of those who committed certain crimes against consumers. He was severely punished for fraud in the sale of seed corn: by cutting. Manu also explained the rules for the ability of parties to enter into an agreement.

In ancient times, the king had the power to seize the merchant’s property in two instances: (1) when the king was in possession of export goods; and (2) where the export of goods is not permitted.[4] There was also a way to control prices and punish wrongdoers. The king has set the prices for the purchase and sale of all goods for sale. There have been systematic reviews of all instruments and measurements on average every six months, and the results of these tests have been well documented.

All these measures show how successful the ancient society was in controlling the many mistakes in the market. These steps also show how the system is designed to identify market strategies for traders. Thus, Manu Smriti successfully dealt with a variety of consumer problems, many of which are always a major concern for modern legal systems.

Kautilya Arthashastra

Kautilya’s Arthshastra has clearly defined the laws governing instruments and measures. Penalties were imposed on traders who indulged in a variety of goods, such as grain, medicine, perfume, salt, and sugar. Artaxerxes describes the State’s role in regulating trade and its duty to prevent consumer crime. Black marketing and unfair trade practices seemed to be criticized by Kautilya. There were penalties for various forms of cheating, which were severe. These penalties can be as severe as cutting off the hand of a deceiver. The rights of traders are also well protected by Artaxerxes.

Artaxerxes was created during the reign of Chandragupta. This time we saw healthy trading practices in which traders would have a sales license, which was granted. The master provided a line of profit to the sellers while adjusting the price. The State was committed to protecting consumers from fair prices and fraudulent sales. Such acts were punished, including trafficking and adultery, especially for food. Consumers are assured of this protection through a system of justice that is easily accessible through various court sets. Bringing justice was the king’s responsibility.

Consumer Protection in the Medieval and Modern Period

In the Medieval Ages, consumer protection continued to be a major issue for governors. During the Islamic era, large quantities of weight units were used in India. During the Sultanate, the prices used were determined by local conditions. During the reign of Alauddin Khalji, strict regimes were established in the market. In those days, there was an endless supply of grain in the city and grain carriers were being sold at prices set by the Sultan. There was a way of price compulsion in the market. Likewise, shopkeepers are punished for less than measuring their goods.

In modern times, the British system has replaced the old traditional Indian system. One of the highlights of the British Empire in India, however, is “the development of a united modern legal system throughout the country.” During the British era, the Indian legal system changed completely, and the English legal system was introduced to administer justice. However, it is important to note that the customs and traditions of the Indian legal system have not been ignored. “The law itself has changed dramatically. British institutions and laws were incorporated into structural elements [e.g. a system of different personal rules] and rules [e.g. Dharma, and local custom] that allows for traditional understanding. Borrowed goods were seized for more than a hundred and a half years when British territories and unrest were discarded and regulated [to deal] with new types of people, goods and services.” For the sake of justice, “they face the problem of adherence to the Indian traditions and customs. “Despite the challenges of integrating British and Indian legal systems, “the fabric of the current Indian Law is clearly Indian in its appearance and function” and consumer protection is not the same as this view. Some of the laws governing consumer protection during the British era include the Indian Contract Act (1872), Indian Penal Code (1860), Liberalized Loans Act (1918), Goods Act Sales (1930), and Agricultural Process (Grading End Marketing Act) (1937) and the Drugs and Cosmetics Act (1940).

These laws provided legal protection for consumers, with the adoption of the Constitution, often given a new aspect of the rules for dealing with ‘citizens’ and especially ‘consumer’, the constitution provided a philosophical basis. , Which today is the construction of a framework for the protection of Indian consumers. Experts have compared the word ‘consumer’ to the word ‘citizen’ in the constitution.

Consumer Protection Act 1986 (COPRA)

India’s legal system met with the amendment and implementation of the Consumer Protection Act of 1986 [“CPA”], which was specifically designed to protect consumer interests.

As mentioned earlier, the Consumer Protection Act was enacted to provide a comprehensive single law for the protection of consumer interests and the creation of special courts to resolve consumer disputes quickly and inexpensively. Features of the act are-

Declaration of Six User Rights.

Establishment of a separate Department of Consumer Affairs between the Central and Government Governments.

The establishment of three consumer courts that ruled consumer disputes, viz

  • National Commission at national level
  • State Commission at the State level
  • Regional forums at regional level

The Consumer Form created by the CPA has proven to be effective, dispelling thousands of lawsuits with a few legal laws, and leading the way to well-established consumer law in India. India’s traditional legal system, in addition to many black cases, is facing a series of lawsuits in ​​consumer protection. The massive backlog of consumer cases before the consumer forum is forcing Indian law firms to consider “alternatives” for immediate consumer cases. India, the home of many consumers in the world, is committed to working for the welfare of consumers using new legal instruments.

Conclusion

Consumer protection remains a major concern. In ancient India, effective measures were put in place to protect consumers from market-based crime. Ancient law enforcement officials were able to explain various forms of illegal trade and to impose severe penalties on those who did wrong. Primarily, sexual immorality and false weights and measures were taken seriously. In ancient India, the king had supreme authority to administer justice, but his authority was limited by the laws of Dharma. In the Medieval Ages, some Islamic rulers established systematic markets to monitor prices and supply goods to markets. During the British era, a modern legal system was introduced in India and many laws were enacted to protect the interests of consumers in general. Today, the social justice system is marred by errors that discourage a consumer from seeking legal redress. However, the Consumer Protection Act of 1986, which provides easy access to justice, has brought about a legal transformation in India because of its cost-effective methods and support. At the same time, these procedures pose a significant legal challenge to traditional courts dealing with cases in the normal way. In this consumer era, the Indian consumer law regime will undoubtedly dominate the Indian markets and provide a new phase in the existing Indian legal structure with its strong ancient legal foundations.

FAQ’s

1. Which Kings Supported Consumer Protection?

Both Hindu and Muslim kings supported consumer protection. Chandragupta and Alauddin Khilji were two major proponents of consumer protection.

2. How Britishers Contributed to Our Current Consumer Protection Laws?

The British have abandoned various applied laws that are followed in India as laws to this day. The greatest example is the Consumer Protection Act, 1986.

3. What Was Written in Kautilya’s Arthashastra About the Consumer Protection?

Kautilya’s Arthshastra has clearly defined the laws governing instruments and measures. Penalties were imposed on traders who indulged in a variety of goods, such as grain, medicine, perfume, salt, and sugar. Artaxerxes describes the State’s role in regulating trade and its duty to prevent consumer crime.

4. Why Consumer Protection Is Necessary?

• We need the physical protection of the consumer, for example protection from products that are unsafe or harmful to his or her health and well-being.

• The consumer wants to be protected from fraudulent and improper trading and market practices.

• Consumer protection is required for all types of pollution so that they can enjoy a healthy environment without water, air, and food pollution.

• Consumer protection is also required for harassment of solitary trading practices and restrictions.

5. Which Courts Were Established Under CPA, 1986?

– National Commission at national level

– State Commission at the State level

– Regional forums at regional level

References

http://www.jtexconsumerlaw.com/v11n3/jccl_india.pdf

https://shodhganga.inflibnet.ac.in/bitstream/10603/74299/8/08_chapter-2.pdf

https://shodhganga.inflibnet.ac.in/bitstream/10603/201543/11/11_chapter-iii%20the%20historical%20evolution%20of%20the%20protection%20of.pdf

http://www.legalserviceindia.com/legal/article-2065-evolution-of-consumer-laws-around-the-globe-and-in-india.html

http://www.fastread.in/explore?infoID=1111

https://www.lawteacher.net/free-law-essays/business-law/consumer-protection-national-and-international-experiences-law-essays.php


[1] Dr.S.Mustafa Alam Naqui, Consumer Protection Act, 1986 and Professional Obligations, 1stedn., Faridabad: Allahabad Law Agency Publishers, 2005, p. 8

[2] Dr.Venugopal, “Historical Development of Consumer Protection Law,” p.26, See @http://shodhganga.inflibnet.ac.in:8080/jspui/bitstream/10603/7831/10/10_chapter%202.pdf

[3] 4 Codes of morals. They also deal with the rules of conduct, law and customs.

[4] Id. at 323.

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