Recently two judges of the Supreme Court of India (JJ, KM Joseph & BV Nagaratna) stated that “common man is bogged down by corruption in India, need to fix accountability at all levels”.
The world of business and consumerism has taken over the governance of the nations, leading to its accelerated destruction. Now a days, for many in power, governance is business aimed at enrichment for themselves.
One of the pertinent reasons, for degradation of this Earth is rampant consumerisation, which is also the cause for degradation of values and even the very worth of humans.
Consumerism thrives on more and more commodification. But the manner and rate at which we humans are commodified is really appalling and worthy of a moment’s contemplation.
Recently we have come across commodification of human beings. In the olden days, it was called ‘slavery’ but in the modern world this takes a very refined format.
Say for illustration, the recent public auctions of players. It started with premier football, now its cricket and other games where exorbitant prices are quoted at these auctions of humans (Players). One wonders why no GST or other sales or service tax or exercise duty or customs duty are not levied. Many times such sales involve moving the individual (So commodified) from one country to another and customs duty should have been a natural event.
In a world where everything is looked at in terms of commodity, with everyone in the world becoming a consumer in one way or the other, there is need to redefine Governmental responsibility and the Principles of Governance in a consumeristic perspective and for this the best available model is what is provided by the UNO itself.
The United Nations Guidelines for Consumer Protection are a valuable set of principles that set out the main characteristics of effective consumer protection.
These Guidelines were first adopted by the General Assembly in April 1985, later expanded by the Economic and Social Council and revised and adopted by the General Assembly in 22 December 2015.
Basically, Member States should develop, strengthen or maintain a strong consumer protection policy, based on the guidelines in accordance with the economic, social and environmental circumstances of the country and the needs of its population.
The first of this is to provide access to all consumers to essential goods and services.
This first principle itself is the heart and purpose of Governance.
Consumer law aims to protect customers from being treated unfairly by businesses.
These Consumer Rights covers:
Product quality, Returning goods, Repairs and replacement, Delivery rights and Unfair terms in contracts. Consumer law requires all products and services to be of satisfactory quality, i.e., in good condition and not damaged or broken. It also requires that the product is as described.
Consumer protection law also protects consumers against unfair terms in contracts, including any hidden fees and charges.
Today, all across the world, new legislation and rules are being developed, regarding the modern, new type of transactions – Such rules determine the legal status of the suppliers of the information, community services and govern their obligations to clients. The issue of the consumer right protection grew internationally important in 1985, when the United Nations General Assembly, adopted the Guiding Principles on the consumer right protection, as a ground for elaborating the policy and the legislation in this sphere by the governments. The UN’s Assembly’s Resolution, called “The guiding principles in the Consumer Right Protection.” The eight basic rights of the consumers are : Right to Choice, Right to Safety, Right to be Heard, Right to Information, Right to consumer education, Right to satisfy the basic needs, Right to Quality, Right to Redress.
These United Nations Guidelines for Consumer Protection (UNGCP) are “a valuable set of principles for setting out the main characteristics of effective consumer protection legislation and they have to be implemented against the government for their purported services to the community.
The main impediment in implementing such regulations in governmental actions and conduct is the prevalent way of thinking that consumers are only those who pay for the goods/services.
In reality, the government carries out all its activities, out of the taxes paid by its citizens, in various formats, whether it is called, income tax, sales tax, service tax, customs, duty, GST or any other levy. Ultimately every citizen, whether rich or poor ends up paying these taxes in one way or the other, in small quantities or large quantities. Therefore, government has to treat every one of its citizens as consumer, because all government services have been paid for, in the form of various taxes.
Some might reason that it’s only the rich who pay taxes and not the poor. When the rich pay taxes, it’s the money collected from the poor, be it from the employees, by paying them less or by over pricing goods and services by the rich. Thus, every citizen, rich or poor does pay the government for its services, sometimes directly, sometimes through the rich.
In order to bring in a Responsible government, which should be responsible for all its actions, conduct and even policies, there is an urgent need for the judiciary to reinterpret government liability towards its citizen.
If the courts are able to bring in the concept that “ EVERY CITIZEN A CONSUMER”, as there is a prepayment of tax by everyone, the government will become liable for all its actions.
In a recent press interview, the present British Prime Minister, admitted that all Government funds are in the hands of the government in power as trustees and they are answerable for its abuse and misuse.
There is need for this awareness among all government officials, especially the Ministers, that government funds are not their personal wealth, and whatever they do with government funds, they are answerable not only to the Comptroller and Auditor General but to all people.
It’s not enough that budgets are presented and applauses are received. There is a greater responsibility to fulfil the promises made through budgets and even otherwise. It is time that the judiciary reinterprets government liability to make the Governments responsive and responsible. Then and then only corruption will subside in India.
(The writer is a Professor of Law & an Education Consultant)
