Rights investigation
Consumer rights and Bangladesh Constitution
Syed Gouseuzzaman Haideri Ali
A consumer is a person who purchases goods and services for his own consumption and not for resale. It is very difficult to bring together all the consumers to form an association but Bangladesh has formed a Consumers association which is known as the “Consumer's Association of Bangladesh” (CAB). CAB is performing a great role for upgrading the rights of the consumers though it is facing great obstructions and oppositions. Moreover the Consumer's protection Act is expected to be passed very soon.
Presently, what we need is to establish the rights of the consumers. People are not aware that they have so much right as consumers. The establishment of Consumer's Association of Bangladesh (CAB) has recognized consumer's rights to a great extent. After the enactment of the proposed Consumer's Protection Act, the rights of the consumers will be established further. We need to upgrade the consumer's rights even more. Consumer's rights should be raised to the status of fundamental rights of the citizens. Consumer's rights should be declared by the state to be amongst the fundamental rights and fundamental principles of state policy.
Consumer's rights ought to be inserted in the Bangladesh Constitution as fundamental principles of state policy and also as fundamental rights. Fundamental principles are contained in the Part-II, that is from article-8 to article-25, of the Bangladesh Constitution. Fundamental rights are contained in the Part-III, that is from article-26 to article-47, of the Bangladesh Constitution.
Consumer's rights are very closely related to the fundamental rights and fundamental principles of the constitution.
Article-15 (a) of the constitution indirectly touches the consumer's rights.
Article-15 It shall be a fundamental responsibility of the state to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material living of the people, with a view to securing to its citizens,
(a) The provisions of the basic necessities of life, including food, clothing, shelter, education and medical care.
Since the above-mentioned article is very similar to the consumer's rights, therefore, consumer's rights can be inserted by putting direct sentences in the fundamental principles by amending the constitution. Article-15 has sub-articles a, b, c and d. In article-15, sub-article 'e' can be added.
Article-15 (e) provides as follows:
Article-15 (e) It shall be a fundamental responsibility of the state to ensure the protection of every citizen as a consumer.
In the chapter of fundamental rights, article-31 deals with the right to protection of law.
Article-31 To enjoy the protection of law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in particular no action detrimental to, life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
Since the above-mentioned article deals with the right to protection of law, therefore, here the right to protection of law of the citizen as a consumer can be inserted by amendment. In article-31, article-31 (i) can be added. It can be as follows:
Article-31 (i) It is the inalienable right of all the citizens of Bangladesh to have the right to protection of law as a consumer.
Therefore by inducting the consumer's rights as fundamental rights in the constitution, the consumers can have recourse to the article 102 of the constitution. According to article 102, a citizen has the right to move the High Court Division of the Supreme Court to enforce his fundamental rights, when no other equally efficacious remedy is available to him. This is known as the writ jurisdiction of the High Court Division.
Thus, by including the consumer's rights in the lists of fundamental rights of the constitution, the rights of the consumers can be enhanced and established to a great extent.
The writer is an Advocate of the Supreme Court of Bangladesh.
