Protecting consumers' rights

Price hike of essential commodities has been a matter of constant concern for the people of Bangladesh in general and the poor and the fixed wage earners in particular. But the situation has worsened during the last six months or so. The steep rise in the prices of most essentials in October- November last brought untold sufferings to the poor consumers. After a short break, the people of the country are once more under the grip of spiraling prices of essentials.

It has become a usual practice in Bangladesh that whenever there is a price spiral of essential commodities the retailers hold the wholesalers responsible, the latter shift the blame onto extortionists on inter-district transport routes in the case of domestic products and the importers in the case of foreign goods and commodities. The importers shift the blame on the increase in prices in international markets, high tariff etc. During October- November price spiral one analyst wrote: " If we closely examine the ways retail and wholesale business works it is clear that they simply don't have much control of the market. It is only the importers who have the means and scope to manipulate the market. Because it is the importers who set the price in the first place." For the price hikes, the government has been skilfully shifting the onus on the free market economy.

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The Daily Ittefaq of 8 March, 2004 reported that according to a survey report, in 2003 the cost of living increased by 10. 48 per cent. According to another press report, the International Monetary Fund mission that visited Bangladesh recently expressed dissatisfaction over rising inflation rate which has already crossed 6. 5 per cent this year against the government target of 4. 5 percent. One analyst has very recently written: "Some Bangladesh-watchers have openly expressed their curiosity about the odd phenomenon that under the previous government money supply was loose but inflation was under control, but under the present finance minister money supply is healthily restrained but inflation is out of control. This is a paradox. One has also to wonder whether restraints in the monetised economy without commensurate measures to bring to book the black money have resulted in black money supply and usury assuming the power of principal players in the freedom of the domestic market. Some magnates of undeclared and untaxed wealth stashed at home and abroad have made their ways into the corridors of power..."

Besides occasional price spiral of essential commodities, the people of Bangladesh have been facing the serious problem of food adulteration. Hardly any category of food, whether cereal, vegetables, fish or meat, milk or milk products, fruits, pulses, fats and oils, is available in the markets unadulterated. The developed countries have been able to check food adulteration through strict application of their food laws. In Bangladesh, we have got The Pure Food Ordinance, 1959, The Pure Food Rules, 1967, The Special Powers Act, 1974, The Cantonments Pure Food Act, 1966, The Cantonments Pure Food Rules, 1967, The Animals Slaughter (Restriction) And Meat Control Act,1957, Bangladesh Standards and Testing Institute (BSTI) Ordinance, 1885 to ensure supply of pure food to the people. But the existing provisions of these laws have become inadequate to cope with the rapid deterioration in the moral standards of our society. So, there is an urgent need for updating these laws.

In such a situation the disclosure of 23 March by the then Commerce Minister for the establishment of consumer commission to protect the rights of the consumers is indeed a heartening news.

The protection of the rights of the consumers is an internationally accepted principle. On 16 April 1985 seven basic principles to protect consumers' rights were adopted by the UN General Assembly in a resolution, and these are: (i) right to safety; (ii) right to information or knowledge; ( iii) right to complain and make representations; (iv) right to purchase commodities at a fair price according to one's choice; ( v) right to get compensation; (vi) right to learning on the part of the buyer; and (vii) right to a healthy environment. The UN directed all member countries to implement these principles.

Since protection of rights and interests of the consumers against manipulation of the market by the unscrupulous businessmen as well as ensuring access to safe food are matters encompassing every strata of the society i.e. from the rich to the ultra poor, the structure, responsibilities, powers etc. of the proposed consumer commission have to be very carefully worked out. The Ministry of Commerce may therefore solicit public opinion by disclosing to the print media the salient features of the proposed commission. A reasonable period of time should be allowed for response. The feedback will certainly be helpful to the Commerce Ministry and at the same time the civil society as a whole and the Consumers Association of Bangladesh in particular as well as the media may be involved in this important decision making process.

Not only in the developed countries, but even in our neighbouring countries like India, Sri Lanka and Nepal there are laws as well as courts to protect the rights of the consumers. Those laws may be carefully studied to see whether some of their provisions could be applied to our circumstances. There is nothing wrong in it. It is known that the United States of America, the Commonwealth and some other countries follow the pattern of the British food laws.

Once the proposal for the establishment of the consumer commission gets the clearance of the Cabinet it will go to the Parliament for enactment as law. The processes suggested above are also expected to help our lawmakers in the passage of the legislation. Finally, it is expected that the new Commerce Minister will pursue the case to its successful materialisation.

M Abdul Latif Mondal is a former Secretary, Ministry of Food