India will soon witness ‘Right to Repair’

Right to Repair

On 6 June 2022, World Environment Day, Prime Minister Narendra Modi launched an environment awareness initiative called the ‘Lifestyle for the Environment (LiFE) Movement. The aim is to collectively develop an environmentally sustainable lifestyle that promotes a ‘mindful and deliberate utilization’ instead of a ‘mindless and wasteful consumption of things. With the mission to create a “Pro-Planet People ”, the initiative envisages creating a Circular Economic Structure in the world. To realize this ultimate goal, it is very imperative for the government to institutionalize the policies related to an environmentally sustainable economy.

Right to Repair

Moving ahead with the aim to develop a Circular Economy in India, the Department of Consumer Affairs has set up a committee to develop a comprehensive framework on the Right to Repair. The Committee held its first meeting on 13th July 2022 and has identified various sectors like Farming Equipment, Mobile Phones/Tablets, Consumer Durables and Automobile Equipment.

The Right to Repair framework is an effort to empower consumers and product buyers with an option to repair their products with a third party. The recognition of rights will not only help in the reduction of e-waste but will also help the country in developing a sustainable consumption culture. Moreover, allowing consumers to attain a third-party repair solution will help in the creation of a circular economy and will boost the employment rate in the country.

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Infringement of customer’s right to choose

The committee arguing for Right to Repair said, “Manufacturers have proprietary control over spare parts (regarding the kind of design they use for screws and other). Monopoly on repair processes infringes the customer’s “right to choose”. Digital warranty cards, for instance, ensure that by getting a product from a “non-recognized” outfit, a customer loses the right to claim a warranty. Controversy Surrounding Digital Rights Management (DRM) and Technological Protection Measure (TPM), DRM is a great relief for copyright holders.

“Manufacturers are encouraging a culture of ‘planned obsolescence. This is a system whereby the design of any gadget is such that it lasts a particular time only and after that particular period it has to be mandatorily replaced. When contracts fail to cede full control to the buyer-the legal rights of owners are damaged”, the statement added.

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Need for the Right to Repair

It is pertinent to note that most equipment manufacturing companies have monopolized the repairing market. Further to boost the sale of new products, companies try to create products that become obsolete after a period and repairing become impossible for the customer. Also, the warranties provided by the companies are subject to servicing at their authorized service center. The structure of business not only becomes an impediment in the adoption of the circular economy but also creates a monopolistic market of spare parts.

Recognizing the anti-competitive business practices many countries like the USA, UK and European Union have also promoted the third-party repairing rights of consumers. Earlier in 2021, the United Kingdom also passed a similar law recognizing the right to repair customers and legally binds manufacturers to make spare parts available to consumers and third-party companies.

According to a report, there are over 347 Million Metric Tonnes of e-waste on earth and on average; about 2 Million Metric Tonnes of e-waste are being generated yearly. The growing use of electrical equipment has ignited e-waste generation at an exponential level. So, it is very important that, in daily life, we promote the concept of Reduce, Reuse, and Recycle in equipment use and expand the Circular Economic Structure in India. The recognition of ‘Right to Repair’ is a way forward in this direction.

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