Consumerism and human rights

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

HUMAN RIGHTS; CONSUMARISM AND YOUTH. *

INTRODUCTION:

The conglomeration of idea of human rights, consumerism and youths encompasses the perennial need of understanding human rights in its right perspective and its serious association and onslaught on the modusapprendi of social, economic and political phenomena of a particular society.

The inter related idea of human rights vis-à-vis consumerism and youth , though appears to be a complex concept needs to be dealt with all seriousness in the era of liberalization, privatization and globalization.

THE CONCEPT OF HUMAN RIGHTS AND ITS DEVELOPMENT:

Men are borne and remained free and equal in rights.  Social distinctions may be based only on common utility.  The truth has to be holding “self evident, that they endowed by their creator with certain inalienable rights that among these are life, liberty and pursuit of happiness” so said the American declaration of independence.

The concept of human rights is as old as human civilization; the origin of contemporary conception of human rights can be traced to the period of renaissance and later to the enlightenment of which humanization said to be heart and soul (1).

Human rights are generally defined as the rights which every human being is entitle to enjoy and to have to protect.  It means the rights relating to life , liberty, equality and dignity of individuals guaranteed by the constitution or embodied in the international covenant and enforced by the courts in India(2).

It refers to “the common standard of achievement for all the peoples and all nations (3).

It was the United Nations charter 1945 which initiated the recognition of human rights universally.  The universlization of human rights is now a political fact. Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing.  In furtherance of the objectives of United Nations charter, the United Nations general assembly felt that there is need to pass a separate document covering the concept of human rights. Accordingly in the year 1948 the United Nations general assembly passed the universal declaration of human rights which is called and recognized as Magna Carta of human rights as it comprehends all the facets of “rights”.  

Due to the laxity of enforcement mechanism in UDHR 1948 it was felt to put ideologies in motion and for the realization of the concepts , on  deliberations of various commissions and committees  the general assembly of united nations passed two covenants viz., (1) International covenant on civil and political rights 1966. (2) International covenant on economic, social and cultural rights 1966.

                          HUMAN RIGHTS IN INDIAN CONTEXT

As India is a signatory to the UDHR and they above said two covenants the concept of human rights found itz replica in the Indian constitution in part 3 and 4 engrafted as fundamental rights and directive principals of the state policy.  The Indian constitution mandates to “faster, respect for international law and treaty, obligations in dealings of organized people with one another (4)

In furtherance of those objectives Indian parliament has passed the protection of human rights act of 1993 and paved the way for the establishment of NHRC and State Human Rights Commissions.

                         HUMAN RIGHTS VISA-A-VIS CONSUMARISM:

The right to life envisaged in the international declaration and covenants finds place in article 21 of the Indian Constitution.  It “encompasses in its gamut variety of rights and interest and does not merely mean animal existence, but life with human dignity “(5).  The consumer justice is one facet of right to life guaranteed by the Indian Constitution in its preamble, article 21 and philosophy.

In India the consumer justice is part of social and economic justice as enunciated in the Indian constitution.  Following the constitutional mandate a number of legislations have been enacted in the field of consumer protection relating to standardization grading packaging and branding prevention of food adulteration, short weights and measures and holding and profiteering etc.,( 6)

In the recent years there has been an increasing public concern over the consumer protection issues in all over the world.  The taking in to a/c of the interest and needs of consumers in all countries particularly in those in developing the consumer protection measures should essentially concerned with

• The protection from hazards to health and safety
• The promotion and protection of economic interest
• Access to an adequate information
• Control of misleading advertisement and deceptive representation
• Consumer education
• The effective consumer redress

THE CONSUMERISM IN INDIAN CONTEXT

The consumerism is humanism and humanism is consumerism once quoted justice Krishna Ayer.  In its generic sense it refers to the process of realizing the rights of consumer as envisaged by that society at that particular point of time .  Therefore in the Indian context we can easily say that the consumerism is all about realizing the rights of the consumers.  In other words it has been observed the term is used “ to describe the activities of govt., design to protect the consumers”.

There are some interesting references to consumerism in the works of Vedic period.  Koutilya’s Arthshastra and ancient scripts referred to the concept of consumer protection against exploitation by trade and industry, short weightments and measures adulteration of foods and thereby prescribed punishment for those offences.  The ancient texts mention the following four crimes viz.,

• Adulteration food stuff
• Charging of excessive pricing
• Fabrication of weights and measures
• Selling of forbidden articles.

THE COPRA AN OVERVIEW

The COPRA 1986 is the mile stone in the history of socio economic legislation in the country.  It is one of the most progressive and most comprehensive pieces of legislations enacted for the protection of consumers.  It was enacted after the in-depth study of consumer protection laws in number of countries.

The main objectives of the act is to provide for better protection of consumers unlike existing laws , which punitive and preventive in nature , the provision of this act are compensatory in nature.  The act is intended to provide simple, speedy and inexpensive redressel of grievances of consumers and relief of specific nature and award of compensation wherever appropriate.  It confers upon consumers 8 rights viz.,

1)      Basic needs 2) Safety 3) Information 4) The choice 5) Representation

6) Redress 7) Consumer education and 8) Healthy environment.

The COPRA has merits of

• Simplicity
• Straight Forwardness
• Inexpensiveness
• Swift disposal of disputes
• Comprehensible to layman
• Easily accessible
• Consumer welfare oriented

The process of development coupled with increasing liberalization and globalization across the country has enabled the consumers to appreciate their increasing importance in society and governance.  In this day and age the world has transformed into “ a global village” not only due to advancement of trade and commerce, but more due to technological advancement. Therefore the liberalization is inevitable for nation-state dispose to develop itself.  Its very difficult for any nation to produce everything to satisfy itz customer-citizen.  Globalization is almost inevitable but mostly desired at the same time from the consumer’s point of view.  BPO in itz ever expanding demand for fresher is fueling the change of “Indies” brigade.

In the light of this globalization the youth mass are being the goods , are hired and fired at the pleasure of MNC’s  and the youth are being subject matter of consumerism are hardly taken care of .

*Mahantesh I Shigli, Advocate, Gadag.

The Author is indebted to Sri Rajeev S Vadrali, and Shri R.M Shirur, Advocates, Gadag.

1. Mohit Singhvi Human Right individual in separable and universal”  Legal News and Views-may 2009 Page No:2
2. The Protection of Human Rights Act – 1993 sec  2(d)
3. The Preamble, U D H R – 1948
4. The Indian Constitution -1950 Article 51
5. Maneka Gandhi v/s U O I AIR 1978 SC 597
6. See eg., The weights and measurements act, The Sale of Goods act, Transfer of Property Act, The drugs and cosmetic acts, Essential Commodities Act etc.,

This article is prepared to submit in the seminar at Mundaragi, Gadag Dist., (Karnataka)