There are 18 fundamental rights secured by the Constitution of Bangladesh, and the right to “safe goods and services” is included in the “right to life” which is one of the most significant fundamental rights guaranteed under Article 32 of the constitution.
These days, consumers are worried about what they are buying and eating. With news flashing every day on social and other channels about food adulteration and its long-term effects on the human body, it has left us allconcerned about every nibble of food they are having.
There are certain laws in our country which prohibitactivities thatgo against the rights of consumers --for example, the Consumer Rights Protection Act 2009 -- but, as usual, they are not being strictly enforced.
This is but one of around 61 relevant laws dealing with consumer rights and their protection. Articles 15 and 18 of the Constitution of Bangladesh can be referred to as the basis of consumer protection laws.
Article 15 deals with the provision of basic necessities like food, clothing, right to work, right to a reasonable wage, quantity, and quality of work, social security, etc. Furthermore, there are numerous other provisions which have been enacted from time to time.
To elaborate, a“consumer” is any individual who purchases products or services for his/her personal use and not for manufacturing or to resale the goods and services.
A consumer has the right to lodge a complaint with the Consumer Rights Protection Department for any violation of the act. The deputy commissioners of the districts can exercise the same power as given to the department.
A consumer, although barred from filing a direct complaint to the police station under the Consumer Rights Protection Act 2009, can file a case to the police station under other laws.
The law on consumer rights not only prohibits adulteration, hoarding, smuggling, black marketing, fraud in weight and measurement, or selling products at a higher price but also provides punishments for such behaviour.
A manufacturer or producer, as well as a service provider, or even,under special circumstances, the seller, is liable for adulterated foods or drugs or other essential commodities.
Counterfeit products or stolen goods or adulterated food or drugs are also prohibited frombeing sold in the market,the violation of which is punishable under the penal code, including with the death penalty under the Special Powers Act 1974 or imprisonment for 10 years and a hefty fine under the Drug Control Ordinances 1982.
Even withinPenal Code 1860, it ismentioned in Section 272 that “whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to Tk1,000, or with both.”
It is very important that consumers educate themselves and know about their rights to avoid any future tragedies.
The consumption and usage of adulterated foods and services, in the long run, have caused many people to lose their lives and many are suffering from long-term deadly diseases.
New laws should be enacted with all provisions to promote and protect the rights of a consumer and repeal backdated laws or provisions thereof with taking effective measures of fair pricing and quality products by establishing market-control authorities.
Sabiha Mehzabin Oishee is a student of law.
