Consumers Do Have Rights

By Govinda Bhattarai

HARDLY any consumer in Nepal seems to be aware about their rights. Some would even ask, "Do consumers have rights at all?" Yes, they do, yet the business community, wearing the badge of a "fair trading member," keep on thriving at their cost in Nepal where industrialisation and economic growth is gradually rising at the snail’s pace. Indeed, Nepalese consumers are forced to accept whatever the market offers them. Ignorance is not bliss in all cases and at all times.

The world is fast changing and Nepal, a developing third world country, cannot remain unaffected by the current vogue of globalisation and economic liberalisation in trade, finance and services to meet the challenges of the global market. Open market economies are rapidly changing the lifestyles of consumers, replacing traditional consumption patterns and goods with a culture of unsustainable or poor consumption.

The consumers’ taste and interest are thus determined by the producers, leaving them (the consumers) to have no choice but to subjugate to their (the producers’) profit-making policies.

While there may be more choices nowadays, in many countries like Nepal, policies governing quality and safety are almost non-existent or simply unenforced, leaving consumers – particularly the poor – vulnerable to unscrupulous practices.

As the former US president John F. Kennedy said, "Consumer by definition includes us all," it is the matter of common concern. But the sad fact, in our context, is that the views of such an important group, which plays the central role in the country’s economic growth and yet are affected by every public and private economic decision, are often ignored while planning and making decision.

The United Nations General Assembly adopted the UN Guidelines for Consumer Protection on 9 April 1985.

The UN Guidelines define the consumer rights as the "right to satisfaction of basic needs, the right to safety, the right to be informed, the right to choose, the right to be heard, the right to redress, the right to consumer education and the right to a healthy environment."

The Guidelines embrace the principles of the eight consumer rights and provide framework for strengthening national consumer protection policies. The UN’s recognition and legitimacy of those rights catapulted them to the forefront of international arena requiring both the developed and the developing countries to give due attention to this issue. As a result, Nepal as one of the UN member states adopted the policy to protect consumer rights.

However, they seem to have been ignored and trivialised by the concerned bodies and producers alike.

These contradictions and the ensuing adverse social effects have emerged as a result of development planning which places importance on economic growth and technological advancement at the expense of consumers, their health and the environment.

Despite the gradual economic growth witnessed over the decade, the current economic and currency crisis has forced millions of consumers to fight for survival to meet their basic needs such as food, clean drinking water and shelter. Besides, the crisis has also resulted in the environmental degradation as evidenced by air, water and toxic pollution, land erosion, frequent droughts and flooding. There are, of course, legal provisions enacted with a view to promoting and protecting the basic rights of all consumers.

However, timely evaluation of the codes and schemes are essential in order to ensure their effectiveness and efficiency in protecting those rights.