Penal provisions to the consumer protection in Bangladesh

Shankor Paul Head-Human Rights and Health Unit (Acting)

Concern Universal, Bangladesh

Shankor paul 4/2/2012

Penal provisions to the consumer protection in Bangladesh

Shankor Paul, Head-Human Rights Unit, Concern Universal Introduction: Before defining the penal provisions to the consumer protection, we need to clarify the ideas of consumer protection. The consumer protection is associated to the inspiration of consumer rights (i.e. 8 basic rights that entitled to the consumers as per UN guidelines), and to the configuration of consumer organizations, which helps consumers to make better choices in the market. It provides an ideal framework in addressing three essential elements of consumer protection, such as: 1) Enactment of consumer legislation and regulations; 2) Consumer empowerment through education and information; and 3) Consumers representation in the national and international decision-making process. However, in spite of constitutional obligations (the constitution of Bangladesh adopted on 4th November 1972), there were no structural institutional or statutory protection mechanisms introduced for the consumers protection in Bangladesh. Though the constitution is the supreme law of Bangladesh, the direction of constitutional obligations to the Government were not obeyed in assuring consumers rights since 2009. Constitutional protection of Consumers: The constitution of Bangladesh introduced some specific provisions under the Part-II and Part-III for the protection of consumers in Bangladesh. PART-II: Fundamental principles of Sate Policy The general protection of consumers is addressed as integral part of the principles of state policy, which is part of state responsibility to enforce it progressively. Reference: Article-15 (a): refers to the Provisions of basic necessities. It recognizes the state responsibility to make provisions of basic necessities of life including food, clothing, shelter, education and medical care. Article-18: refers to the Public health and morality. It recognizes the state responsibility to take effective measures to prevent the consumption of alcoholic and other intoxicating drinks or drugs (except for medical purposes), which may create injuries to health. PART-III: Fundamental Rights The provisions of consumers protection are justified and incorporated as integral part of the fundamental rights of the people under the Part-III of the constitution. It contains some specific rights; whenever it is violated it can be re-gained and enforced by the Courts of law (Article-44).

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Reference: Aricle-32: refers to the Protection of rights to life and personal liberty. It provides a fundamental rights provision that no person shall be deprived of life save in accordance with law. Article-38: refers to the Freedom of association. It recognizes that every citizen shall have the rights to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order. All these fundamental rights provisions (as individual or as consumer) are justified and enforceable by the Supreme Court of Bangladesh in accordance with the Article-102 and Article-44 of the constitution to issue certain orders and directions. Therefore, it is reveals that the constitutional provisions (in line with state responsibility and constitutional guarantee) can be applied in favor of the protection of consumers rights. Specific Penal Laws relating to consumer protection: There are some specific laws, which are related to the protection of the consumers in Bangladesh. These are given below: Specific Penal law 1. The Penal Code, 1860 Section-272 Section-273 Section-274 Section-482 Provisions Adulteration in the food and drink items Selling/offer/imposes for selling of harmful food or drink items Changes the efficiency of drugs or medical preparation Use of false trade mark Penalty Imprisonment of 6 months and, or with fine (up to 1000 TK) Same as above Same as above Imprisonment of one year and, or with fine.

Other specific legislations: 1. The Special power Act, 1972: It provides special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences. The Special Power Act (SPA), 1974 is allowed the executive authority to apply it in the following acts: o o o o Hoarding Black marketing Adulteration; and Prejudicial acts (i.e. sovereignty or state defense; state relations & security; public safety; create peoples enmity; interference with the administration of law; cause fear or alarm to the public, and state interest).

2. Bangladesh Drug Control Ordinance, 1982: It provides special measures for the protection of consumers in Bangladesh, such as:
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Provisions Manufacturing of certain drugs (unregistered) Un-authorized import of drugs Illegal advertisement and claims

Penalty Imprisonment for ten years, and or with fine up to two lac taka. Imprisonment for three years, and or with fine up to fifty thousand taka. Punishment with fine up to 25,000 TK.

3. The standard of weights and measures ordinance, 1982. It provides a standard unit of weights and measures in Bangladesh in line with system international (SI) unit. Example: Base unit of mass will be Kilogram; the Base unit of length will be meter; the base unit of time will be a second. Penalty for use of non standard weights or measures: Imprisonment for six months, or with fine up to 3,000 TK, and, for the second or subsequent offence, with imprisonment for two years and also with fine. Conclusion: In spite of penal provisions in Bangladesh, the consumers have limited access and opportunity to get such options for their protection. Due to the little knowledge of the consumers about the penal provisions, procedural complexity and lengthy legal system, the consumers dont feel interest to seek support of the laws. Regarding this, the authorized institutions of the Government along with CAB should have to take effective measures to apply the penal provisions in favor of the consumers so that they feel confident to enjoy their rights and opportunities in the penal provisions in Bangladesh.

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