Consumer Rights Commission of Pakistan (CRCP) expressed its concerns over the decision of the Federal Cabinet regarding increase in punishment for adulterators to 25 years imprisonment. Mian Abrar Hafeez, Secretary General CRCP said that the decision clearly ignores the time-tested fact that it is not the stringency or strictness of the punishment but its certainty, which ensures compliance. What is the logic in increasing punishment when it is very rare that authorities have been able to obtain convictions under the existing laws, he added. He was of the view that increase in punishment is not, and cannot be a substitute for an efficient and corruption-free administrative and a judicial system, which has the capacity as well as the will to enforce the punishments sanctioned under the existing laws. It is questionable that how many adulterators Government has prosecuted in the last year under the existing food adulteration laws. And then, in how many cases, the authorities could get convictions. He pointed out that the existing Pure Food Ordinance 1960 currently provides a punishment ranging between imprisonment from 1 to 5 years and a fine ranging between Rs. 100 to Rs. 1lakh.
CRCP underlined the urgent need of comprehensive consumer protection legislation in Pakistan with active involvement and participation of citizen groups in the process. Such legislation, if efficiently implemented, could go a long way in dealing with problems such as adulteration and other unfair trade practices. It may be pointed out that, in India, consumer protection law was enacted in 1986 and, since then, it has significantly contributed to consumer welfare. CRCP urged the Federal Government to take the issue of consumer protection seriously; and resist the temptation of taking isolated and ill-advised measures such as increase in punishment to 25 years.
Mian Abrar Hafeez said that CRCP recognizes that there is a need to review the existing laws. In certain cases, the punishments, especially the ones elated to fines, have become totally outdated. For instance, the Pure Food Law 1960 provide for a penalty of Rs. 100 to Rs.1 lakh. Now this is hardly adequate today, and needs to be reviewed. The provisions about imprisonment may also be reviewed but just to take them to the extreme of 25 years is hardly the answer. In most cases, up to 5 years of imprisonment is more than enough only if the Government could ensure that no adulterator would escape punishment. We certainly do not want draconian laws but laws that are just and enforced efficiently without discrimination, he added.
Most
importantly, the Government needs to introduce provisions in the laws for
compensation to those consumers who are wronged or harmed through unfair trade
practices or adulterations, Secretary General elaborated. All civilized countries
have such provisions, and the fact that courts frequently award compensations
to wronged consumers has made huge difference in terms of dealing with such
problems. Unfortunately, Pakistan so far lacks tort courts, while the existing
laws do not make adequate provision for compensations and damages, he added.