Rights of Consumers With Disabilities

Context

Every year, March 15 is celebrated as World Consumer Rights Day to create awareness about the rights of consumers.

Major Challenges Faced by Consumers with Disabilities

• Inaccessibility of Goods and Services: Difficulty in accessing products and services due to lack of accommodation for disabilities.
• Inaccessibility of Customer Support Options: Limited accessibility in customer support services, posing barriers for consumers with disabilities.
• Target Consumer Perception: Businesses often overlook persons with disabilities as their target consumers.
• Inaccessible Offerings: Products and services are predominantly designed for mainstream consumers, neglecting accessibility for those with disabilities.
• Opportunity for Expansion: Persons with disabilities constitute 5-8% of the population in India, presenting a significant market segment for businesses to consider.
  • Accessibility improvements could broaden businesses’ customer reach and inclusivity.

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Steps Government Should Take for Accessibility of Disabled People

• Effective Policy Measures: Addressing the lack of awareness among businesses through policy interventions.
• FSSAI Advisory: FSSAI issues advisory in October 2023 to food business operators regarding QR codes for product information.
  • QR codes enable people with visual impairment to access essential product details independently.
• Limitations of the Measure: Scope limited to specific product types, posing constraints on broader accessibility initiatives.
• Government Consideration: Proposal for the government to develop comprehensive accessibility guidelines covering all goods and services.
• Drawing from International Examples: Learning from successful initiatives in countries like Australia, the U.S., and Canada. Integration of similar strategies into Indian policies for enhanced accessibility.

Laws to Protect the Rights of Consumers with Disabilities

• Rights of Persons with Disabilities Act (RPWDA), 2016: It  grants a bouquet of rights including the rights to equality, accessibility, and reasonable accommodation.
• Provisions for Accessible Goods and Services: The Act includes provisions for universally designed consumer goods and accessible services (Sections 43 and 46).
• Accessibility Standards for Information and Communications Technology (ICT):The Rules notified under the RPWDA also require all Information and Communications Technology (ICT) goods and services to be accessible in accordance with the BIS standards laid down by the government.
• Filing Complaints with Disability Commissions: In case of a violation of these rights, a consumer with disability can file a complaint with the Disability Commissions established under the Act.
  • For Example: The well-known healthcare service provider Practo was directed to make its website and application accessible. 

Way Forward to the Strengthening Rights of Consumers With Disabilities

• Empowerment of Consumer Rights: Consumer Protection Act (CPA), 2019  details various consumer rights and empowers Consumer Commissions to impose penalties and award compensation against consumer complaints.
  • Consumers with disabilities have successfully obtained such remedies in numerous cases brought before Consumer Commissions.
• Successes for Consumers with Disabilities:In Suresh v. The Manager i/c, Gokulam Cinemas, a person with locomotor disability who encountered inaccessibility at a cinema hall was awarded a compensation of ₹1,00,000.
• Enforcement and Compliance Mechanisms:Unlike the RPWDA, the CPA has strong enforcement and compliance mechanisms.
• Lack of Dedicated Rights for Consumers with Disabilities: The Consumer Protection Act  lacks any dedicated rights for consumers with disabilities contrary to the RPWDA which may deter them from filing complaints with Consumer Commissions.
• Need for Alignment with RPWDA:It becomes imperative to align the CPA with the RPWDA.
• Lack of Awareness among consumers: While consumer awareness has been a key focus of the state, particularly with the launch of the flagship Jago Grahak Jago Campaign, consumers with disabilities have never received attention.

Conclusion

It is crucial to raise awareness about the existing rights and resources available to consumers with disabilities under the two chief legislations.