The right to repair framework in India aims to empower consumers and buyers of products in the local market, harmonize trade between OEMs and external buyers and sellers, emphasize the development of sustainable product consumption and reduce e-waste. In an effort to highlight the LiFE (Lifestyle for the Environment) movement through sustainable consumption, the Ministry of Consumer Affairs has taken a major step towards creating an overall framework for the right to repair. Once launched in India, it will be a game changer both in terms of product sustainability and also act as a catalyst for job creation through Aatmanirbhar Bharat by enabling third party repairs.
The first meeting of the commission was held on 13 July 2022, where important sectors for the right to repair were identified. Sectors identified include agricultural equipment, mobile phones/tablets, consumer durables and automobiles/automotive equipment.The Ministry has set up a committee chaired by Smt. Nidhi Khare, Additional Secretary, Ministry of Consumer Affairs, Government of India. The members of the committee are Shri Anupam Mishra, Joint Secretary, DoCA, Justice Paramjeet Singh Dhaliwal, former Judge of Punjab and Haryana High Court, former Chairman, State Consumer Disputes Redressal Commission, Punjab, Prof. (Dr.) G.S. Bajpai Vice-Chancellor, Rajiv Gandhi National University of Law, Patiala, Prof. Shri Ashok Patil, Chairman Consumer Law and Practice and representatives of various stakeholders like ICEA, SIAM, consumer activists and consumer organizations as members.
DRM &TPM holders
Relevant issues highlighted during the meeting include companies avoiding publishing manuals that can help users make repairs easily. Manufacturers have their own control over replacement parts (with respect to the type of construction they use for bolts and such). A monopoly on repair processes violates the customer’s “right to choose”. Digital warranty cards, for example, ensure that by obtaining a product from an “unrecognized” clothing store, the customer loses the right to claim the warranty. Controversy surrounding Digital Rights Management (DRM) and Technology Protection Measures (TPM), DRM is a big relief for copyright holders. Manufacturers encourage a culture of “planned obsolescence”. It is a system in which the design of any gadget is such that it lasts only for a certain period of time and after that particular period it must be compulsorily replaced. When the contracts do not transfer full control to the buyer – the legal rights of the owners are damaged.
During the meeting, it was heard that technology companies should provide full knowledge and access to manuals, schematics and software updates, while the software license should not limit the transparency of the product in the sale. Equipment service parts and tools, including diagnostic tools, should be made available to third parties, including individuals, to repair the product if minor defects occur. Fortunately, there is a vibrant third-party repair and repair sector in our country, including those that cannibalize products to provide spare parts for the circular economy.
The meeting further discussed international best practices, steps taken by other countries and how they could be incorporated in the Indian scenario. The right to rectification has been recognized in many countries around the world, including the US, the UK and the European Union. In the US, the Federal Trade Commission has ordered manufacturers to correct unfair practices that distort competition and asked them to ensure that consumers can make the corrections themselves or through a third-party agency.
The UK has also recently passed a law that involves all manufacturers of electronic equipment to provide consumers with spare parts to repair themselves or local repair shops. In Australia, repair cafes are a notable feature of the Australian system. These are free meeting places where volunteer repairmen come together to share their repair skills. Furthermore, the European Union passed legislation that required manufacturers to supply product parts to professional repairers for a period of 10 years.
LiFE (Lifestyle for Environment) movement launched by Shri Narendra Modi
Last month Prime Minister Shri Narendra Modi launched the LiFE (Lifestyle for Environment) movement concept in India. This includes the concept of reusing and recycling various consumer products. Repair is a critical function of all forms of reuse and even for the sustainable life of products. A product that cannot be repaired or falls into planned obsolescence, i.e. designing a product with an artificially limited lifespan, not only becomes e-waste, but also forces consumers to buy new products without any repair needed to reuse it. Thus, limiting product repairs forces consumers to make a conscious decision to purchase a new model of that product.
The LiFE movement requires conscious and intentional product use. The reason for the “right to repair” is that when we buy a product, it is natural that we must own it completely, so consumers should be able to repair and modify the product easily and at a reasonable price without being held captive whims of manufacturers for repairs. However, over time, it has been observed that the right to repair is being severely curtailed and not only is there considerable delay in repair, but sometimes products are repaired at an exorbitant cost and the consumer once purchased the product has almost no choice. Spare parts are often not available, causing great inconvenience and inconvenience to consumers.