NEW DIMENSIONS OF CONSUMER WELFARE LEGISLATIONS IN INDIA VIS A VIS CONSUMER EDUCATION: AN ANALYTICAL STUDY
Keywords:
consumer education, concept of consumerism, consumer Protection Act, 1986, New Amendment Act, 2002, the competition Act, consumer protection Act, 2019Abstract
The emergence of the concept of welfare state has influenced gradual development of the role of the government for protecting the interests of consumer’s. In Indian scenario the impact of British rule has been to transform from duty conscious society to the right conscious society. Since Independence we have adopted the concept of welfare state under new constitution this has called for great intervention of state protecting the rights and interests of consumers as against strict adherence to caveat emptor principle. In the end of the nineteenth century, in the modern commercial age, the advancement in the commercial transaction, standard form of contract, globalisation brought an era of consumerism where consumers started facing exploitation by strong business class. In order to maintain social harmony legal intervention was called. By the end of nineteenth century the Anglo American jurists had summarised the whole jurisprudence upon the basis of rights of contract duty base. Gradually the emphasis was shifted from individual interests to social
interest. The emergence of the concept of welfare state has influenced gradual development of the role of the government for protecting the interests of consumer’s. In the Indian scenario the impact of British rule has been to transform from duty conscious society to the right conscious society. Since Independence we have adopted the concept of welfare state under new constitution this has called for great intervention of state protecting the rights and interests of consumers as against strict adherence to caveat emptor principle. Need for protecting the interests of consumers also felt in our country. Several laws for consumer’s protection were there since 1947, but enactment of consumer’s protection Act, 1986, and new Amendment in 2002 gave more protection to consumers. The enactment of Competition Act, 2002 by replacing of MRTP Act, 1969 brought new dimensions to protection of consumer’s interests in India.
References
Kinter, W. (1979) Premier on Law of Deceptive Practice (2nd ed). Collier Macmillan Ltd. 2. F.T.C.Vs. Raldon Co., 283U.S.643 (1931
Agravāla, K. M. (1990). Kautilya on crime and punishment, Almora: Shree Almora Book Depot. 4. Garden Barrie v. A.B.D diamond, the consumer society and the Law p.17
Gupta, V. K., & Kautalya, (1987) Kautilyan Jurisprudence
Ramsay, I. (2012). Consumer Law and Policy: Text and Materials on Regulating Consumer Markets. 7. Baillie, N. B. E. (1881). On the Duty Which Mohammedans in British India Owe, on the Principles of Their Own Law, to the Government of the Country. Cambridge University Press, The Journal ofthe Royal Asiatic Society of Great Britain and Ireland, 13, 429–436.
Upadhyaya, J. J. R. (1946). Licensing power in India and debates of the House of Commons (1st ed., Vol. 7). Previous Next Constituent Assembly of India Debates (Proceedings)
Sastry, K. (1961). Hindu Jurisprudence: A Study in Historical Jurisprudence (1st ed.). Eastern Law House, Calcutta.
Harvey, B. (2000). The law of consumer Protection and Fair Trading (6th edition) Oxford University Press
Rhyne, C.S. & Rhyne, W. S. (1975) Consumer protection law and the municipality, Washington: National Institute of Municipal Law Officers.
1932, A.C 562
Howells, G. G., & Weatherill, S. (2017). Consumer protection law
, A.I.R, 1972 SC 1960
1987. SC1801
A.I.R, 1974 SC. 366
AIR.1987 SC, 965, 982 and 1086
AIR, 2000, SC1461
2000, 7 SCC 668
