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Department of Consumer Affairs Sets Up Committee to Develop Comprehensive Framework On the Right to Repair

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The Department of Consumer Affairs (DoCA) of the Ministry of Consumer Affairs, Food and Public Distribution (MoCA, F & PD) has formed a committee to develop a comprehensive framework on the ‘Right to Repair in order to emphasize the LiFE (Lifestyle for the Environment) movement through sustainable consumption.

  • On July 13, 2022, the committee held its first meeting, at which important sectors for the Right to Repair were recognized, such as farming equipment, mobile phones, tablets, consumer durables, and automobiles/automobile equipment.
  • The Committee to Develop a Comprehensive Framework On the Right to RepairChairman – Nidhi Khare, Additional Secretary, DoCA, MoCA, F&PD.

Aim of this Framework:

  • To promote trade between original equipment manufacturers and third-party buyers and sellers while empowering local consumers and product buyers.
  • It also aims to emphasize electronic waste (e-waste) reduction and fosters sustainable use of products.

Significance: Once the Right to Repair framework is adopted in India, it will be a watershed moment for both product sustainability and employment generation through Aatmanirbhar Bharat (Self-Reliant India) by allowing third-party repairs.

Rationale Behind “Right to Repair”: The notion behind the “Right to Repair” is that once a person buys a product, they automatically become the absolute owner of it. As a result, consumers should be able to easily and affordably repair and modify products without being subject to the whims of manufacturers.

LiFE Movement (Lifestyle for Environment) in India

i. In June 2022, Prime Minister (PM) Narendra Modi announced the LiFE movement (Lifestyle for Environment) in India, which encompasses the concept of reusing and recycling various consumer products.

ii.When an electronic device cannot be fixed, it is considered planned obsolescence and is hence called e-waste. Due to the limitations on product repair, it also forces customers to choose to buy a new model of that product.

  • The term “planned obsolescence” refers to a marketing tactic used to ensure that a product’s current version will be outdated or unusable in a fixed timeframe. This preemptive action ensures that customers will look for replacements in the future, rising demands.

The Committee to Develop a Comprehensive Framework On the Right to Repair

Chairman– Nidhi Khare, Additional Secretary, DoCA, MoCA, F&PD.

Other members of the committee: Anupam Mishra, Joint Secretary DoCA; Justice Paramjeet Singh Dhaliwal, former Judge of Punjab and Haryana High Court, Former President of State Consumer Dispute Redressal Commission, Punjab, Prof. (Dr.) G.S. Bajpai Vice-Chancellor, Rajiv Gandhi National University of Law, Patiala, Prof. Shri Ashok Patil, Chair of Consumer Law and Practice and representatives from various stakeholders like India Cellular and Electronics Association (ICEA), Society of Indian Automobile Manufacturers (SIAM), Consumer Activists & Consumer Organizations.

Conclusions Drawn from The Committee Meeting

i. The meeting stressed on the importance of companies avoiding the publication of manuals that can help customers in doing simple repairs.The legal rights of the owners are compromised when contracts don’t provide the buyer complete authority.

ii.The “right to choose” of the customer is violated since manufacturers have amonopoly over spare parts (regarding the design they use for screws and other components).The legal rights of the owners are compromised when contracts don’t provide the buyer complete authority.

  • For instance, the Digital warranty cards make sure that a customer loses their right to claim warranty if they purchase a product from a “non-recognized” company.

iv.India has a robust third-party repair market and repair services, including those that reuse products to provide spare parts for the circular economy.

Note :- The Right to Repair has been recognized in several countries across the world, including the United States of America (USA), the United Kingdom (UK), & the European Union (EU).

About Ministry of Consumer Affairs, Food & Public Distribution (MoCA, F&PD):

Union Minister – Piyush Goyal (Rajya Sabha – Maharashtra)
Minister of State (MoS) – Ashwini Kumar Choubey ; Sadhvi Niranjan Jyoti