legal protection of consumers in a global economy- recent...
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In Collabora�on With The Centre For Consumer Studies,
Indian Ins�tute Of Public Administra�on,New Delhi
Legal Protection of Consumers inA Global Economy- Recent Approaches
and The Way Forward
March 29‐30, 2014
National Seminar on
Venue
Faculty of Law
Banaras Hindu University,
Varanasi
Chief Patron‐ Dr. Lalji Singh (Padmashri),
Hon'ble Vice‐Chancellor, BHU.
Patrons‐ Prof. B. C. Nirmal, Head & Dean
Faculty of Law, BHU & Director, Na�onal Seminar
Prof. Suresh Mishra, Chair Professor,
(Consumer, affairs) and Coordinator, Centerfor Consumer studies, IIPA, New DelhiAdvisory Commi�ee:
1. Prof. M. P. Singh, Faculty of Law, BHU
2. Prof. D. P. Verma, Faculty of Law, BHU
3. Prof. B. N. Pandey, Faculty of Law, BHU
4. Prof. D. K. Sharma, Faculty of Law, BHU
5. Prof. R. P. Rai, Faculty of Law, BHU
6. Prof. Ali Mehdi, Faculty of Law, BHU
7. Prof. M. N. Haque, Faculty of Law, BHU
Organizing Commi�ee:
1. Prof. B.C.Nirmal Head & Dean and Director, Na�onal Seminar
2. Dr. S. K. Gupta ‐ Joint Director
3. Dr. G. P. Sahoo ‐ Treasurer
4. Dr. Manoj Kumar Padhy ‐ Organizing Sec.
5. Dr. R. K. Singh ‐ Joint Organizing Secretary
6. Dr. N. K. Mishra ‐ Joint Organizing Secretary
Some Important Contacts1. Transporta�on Commi�ee: Prof. Sibaram Tripathy (Mob. 09935940424)
2. Accommoda�on Commi�ee Dr. R.K.Patel (Mob. 9473760774)
ADDRESS FOR CORRESPONDENCE
Dr. Manoj Kumar Padhy
(Associate Professor)
Organizing Secretary
Na�onal Seminar on
Legal Protec�on of Consumers in a
Global Economy‐ Recent Approaches
and the Way ForwardFaculty of Law, BHU, Varanasi‐05, INDIA
Tel & Fax: 91‐9450545319, 09794949608,
09450285612 & 91‐542‐ 2369018,
E‐mail: [email protected]
BANARAS HINDU UNIVERSITYFACULTY OF LAW
BANARAS HINDU UNIVERSITYFACULTY OF LAW
Banaras Hindu University
The Seminar will be organised in the beau�ful
Campus of Banaras Hindu University, a great seat of
learning, ranks among the top universi�es in the
country in the field of academic and research output.
Alumni of BHU ac�vely par�cipated in the freedom
movement and a�er independence served the
country in various capaci�es, which they are doing
�ll today. The university has made its mark both
na�onally and interna�onally in academic and
poli�cal fields. Nearly twenty thousand students are
currently enrolled for different degree and research
degrees. More than 650 students from 34 countries
are also part of its total strength.
Law School
The Law School is one of the earliest Facul�es
established in the Banaras Hindu University, when
teaching started in 1921‐22 academic session.
Mahamana Pandit Madan Mohan Malaviya, the
founder of this university, served for many years as
Dean of Law School. The legal luminaries like Sir Ras
Behari Ghosh and Sir Tej Bahadur Sapru, were the
earlier Deans. The founda�on stone of present
building was laid down by the former Prime Minister
of India, Late Shri Lal Bahadur Shastri on 28th
December, 1964. The Law School has been pioneer
in introducing full �me three years LL.B course, two
years full �me LL.M. programme, two years full �me
special courses of LL.M. in Human Rights and Du�es
Educa�ons and Clinical Legal Educa�on and Legal Aid
Program to cater the needs of the poor. The Law
School has also taken a lead to introduce community
oriented courses of law introducing Environment
Law, Law and Country and Town Planning, Law and
Poverty, Law and Popula�on, Law and Animals and
Many more which were unheard to most of the Law
colleges of India. The Banaras Law School was one of
the Six Universi�es in India to start CLINICAL LEGAL
SERVICES. The model developed by Law School has
been judged as the best model by Honorable Mr.
Jus�ce P. N. Bhagwa�, former Chief Jus�ce of India.
The Law School is publishing a highly reputed law
journal in the country on bi‐annual basis. Eminent
Indian and foreign scholars contribute research
papers for publica�on in journal. The law school also
publishes a quarterly News Le�er.
Under the dynamic leadership of the current
Dean, Prof. B.C.Nirmal, who has an extensive
academic exposure at na�onal and interna�onal
levels, the faculty has decided to organize this
Na�onal Seminar.
Concept Note
John. F. Kennedy once said “Consumers by defini�on include us all. They are the largest economic group affec�ng and affected by almost every public and private economic decision. Yet they are only important group….whose views are o�en not heard.” This declara�on eventually leads to the interna�onal recogni�on of the fact that all ci�zens regardless of their income or social standing have basic rights as a consumer. In India, the consumer movement is as old as trade and commerce. Now as a result of integra�on between the domes�c and interna�onal market there is a change in the landscape of consumer behavior in terms of products, services, taste and preferences and this may further be strengthened by FDI in retail sector as it has already been cleared by both Lok Sabha and Rajya Sabha. Consumer has always remained as a game changer for economic ac�vi�es and therefore treated as the king in changing business scenario. But in reality, he is the vic�m of unscrupulous and exploita�ve prac�ces such as misleading adver�sements, selling of defec�ve goods, deficient services by the service providers, hidden costs of the products, food adultera�on and many more. Therefore, the consumer needs awareness and protec�on and this can only be ensured by effec�ve implementa�on of the exis�ng legisla�on and enactment of new legisla�on if required. Further, evalua�on of current issues and iden�fica�on of future challenges is also necessary. So that there can be a planned and strategic approach.
The globaliza�on, liberaliza�on and advent of the e‐commerce have made the world a single marketplace. E‐Commerce, which has the ability to transcend boarders, establishes virtual residence of consumers of products and services at any place in the world. This in turn has raised the issues rela�ng to fraud and decep�on, privacy, security and the jurisdic�on in the cyberspace. Intellectual Property Rights (IPR) not only protects the original and crea�ve capacity of the owners of IPR who supplies goods and services, but it is also concern with the interest of the consumer of those goods and services directly or indirectly especially in the areas of trademarks and geographical indica�ons which protects the consumers in buying quality products and protect them from use of substandard product which may cause health and safety hazards. Thus the proper protec�on and enforcement of IPR are important aspects of consumer protec�on. As a result of globaliza�on and liberaliza�on the rural market of India has become one of the largest poten�al markets in the world. Thus, there is a vast opportunity for rural marke�ng. But it has been observed that the exploita�on of consumers is even more severe in the rural areas as the rural consumers are illiterate and ignorant of their rights. This aspect of consumer protec�on needs to be highlighted. Adultera�on of food substances which are injurious to health, lowering the quality and standard of food substances by removing the nutri�ous elements and false and misleading adver�sements in the print and electronic media etc. are the other menaces against the consumers which require serious delibera�ons. Consumers are also needed to be protected from dishonest service providers in field of telecom, banking, insurance, electricity, medical and educa�on etc.
The Consumer Protec�on Act, 1986, the key legisla�on to protect the interest of the consumers, provides for the establishment of the consumer council and consumer forums for the se�lement of consumer disputes. The said Act has been amended in the years 1991, 1993 and 2002 to make the provisions more effec�ve. Although the consumer dispute redressal agencies have served the purpose of the said Act to some extent, but in many cases the disposal has not been as quick as expected due to various constraints. Several shortcomings are being no�ced while implemen�ng this Act. With a view to widening and amplifying the provisions of the said Act, to facilitate faster disposal of cases and to ra�onalize the qualifica�on and selec�on of the president and members of the Na�onal Commission, State Commission and the District Forum, it has been felt necessary to amend this Act. The Consumer Protec�on (Amendment) Bill, 2011 inter alia makes the following provisions namely: a) inser�ng the expression “unfair contract”; b) extending the jurisdic�on of a District Forum to any other district; and c) making of a complaint in electronic form also to the district forum etc. The Bill needs to be discussed and
Above iden�fied issues/sub‐themes are only illustra�ve. Par�cipants may select the related topics covered under the main theme.
Registra�on Fees
Up to March 20, 2014: A nominal fee of Rs.800/‐ is fixed for all delegates (Accompanying Guest‐ Rs. 600/‐).
A�er March 20, 2014: Rs. 1200/‐ for all delegates (Accompanying Guest‐ Rs. 1000/‐).
Payment may be made by cheque or Demand Dra� in favour of “NS Law School BHU” payable at Varanasi.
Call for Papers
Research Papers/Ar�cles and Case Studies from academicians, research scholars and students are invited for presenta�on in the Na�onal Seminar subject to selec�on by Academic Program Commi�ee. Communica�on of acceptance will be sent to selected authors for presenta�on. Only par�cipants present in the seminar premises will be issued their cer�ficates. Co‐authorship is allowed but it is limited to two co‐authors. Each co‐author is required to register and pay the registra�on fees individually.
Guidelines for submission of Papers
Text paper should be wri�en in hard as well as so� (in MS Word, Font: Times New Roman, 12 Font size, 1.5 line spacing & in 02 copies). The abstract (in maximum two hundred words) must reach Organizing Secretary, Na�onal Seminar On “Legal Protec�on of Consumers in a Global Economy‐ Recent Approaches and the Way Forward”, Faculty of Law, Banaras Hindu University, Varanasi‐221005 latest by February 28, 2014. The full paper must be submi�ed latest by March 15, 2014. The abstract and the full paper must be sent through E‐mail at [email protected] or [email protected]
Accommoda�on
Faculty of Law will arrange accommoda�on for the delegates on first come first serve basis subject to availability of rooms.
examined before it becomes a law.
Apart from the Consumer Protec�on Act, 1986, A number of consumer protec�on legisla�on are being enacted by the parliament from �me to �me to protect the consumers from various types of unfair, unethical and restric�ve trade prac�ces. These include Food Safety and Standards Act, 2006, Legal Metrology Act, 2009, Drugs and Cosme�c Act, 1940, Drugs and Magic Remedies (Objec�onable Adver�sements) Act, 1954, Cable Television Network (Regula�on) Act, 1995 and the Insurance Regulatory and Development Authority Act, 1999 etc. Whether these legisla�on achieved their desired goal is an aspect which needs to be examined.
The Seminar will focus on following Issues/Sub‐themes
1. Legal Protec�on of Consumers: Na�onal and Interna�onal Perspec�ve
2. Globaliza�on, Indian Market and the Consumers
3. E‐commerce and Consumer Protec�on in Online Medium
4. Intellectual Property Rights and Consumer Protec�on
5. Legal Protec�on of Rural Consumers
6. Consumer Protec�on Legisla�ons and the Problems of their Implementa�on
7. Food Safety and Standard
8. False and Misleading Adver�sements
9. Consumer Protec�on and the Service Sectors Including Telecom, Banking, Insurance, Electricity, Medical and Educa�on etc.
10. Media and the Consumer
11. Consumer Awareness, Educa�on and the Role of NGOs
12. Consumer Protec�on Act, 1986/Consumer Protec�on (Amendment) Bill, 2011