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HC notice to Centre on plea over e-tailers
New Delhi: The Delhi high court on Wednesday sought the Centre’s response to a plea seeking that directions be issued to e-commerce platforms to ensure that products
New Delhi: The Delhi high court on Wednesday sought the Centre’s response to a plea seeking that directions be issued to e-commerce platforms to ensure that products they sell display the name of the manufacturing country.
The plea, filed by advocate Amit Shukla, seeks implementation of the Legal Metrology Act 2009 and the rules framed under it , specifically clause 3.2 (ii) of the Legal Metrology (Packaged Commodities) Rules, 2011, which mandates that name of the country of origin be displayed on products being sold.
The petition contended that this was not being enforced with respect to e-commerce entities.
A bench of Chief Justice DN Patel and justice Prateek Jalan issued notice to the Centre and e-commerce platforms, including Amazon India, the WalMart-owned Flipkart and Snapdeal, seeking their responses by July 22.
HT reported last week that the Centre is considering making it mandatory for retailers and e-commerce platforms to display the country of origin on every product sold on e-commerce websites, so that consumers could choose between local and imported goods. The move comes at a time when Prime Minister has pushed for an “Atmanirbhar Bharat” (self-reliant India), and asked citizens to be “vocal on local” as a way to help revive the local economy; and amid heightened tensions with China along the Line of Actual Control in eastern Ladakh that have prompted a sharp Indian response on the economic front.
In his plea, submitted before the court, Shukla contended: “ Today, when a large number of Indian citizens intend to comply with the government’s appeal on promoting and buying Indian goods to strengthen the nation, it becomes essential that the e-commerce websites conspicuously display the country of manufacturing/origin for all products sold through e-commerce platform.”
On Wednesday, the petitioner told the court that if someone wants to buy only products made in India, the option should be available on websites. He also contended that in 2017, the Legal Metrology (Packaged Commodities) Rules, 2011 were amended, making it mandatory to publish the country of origin. “ However no compliance of the rule has been made by the companies,” he said.
The notice to the Centre was accepted by government’s standing counsel Ajay Digpaul on behalf of the Union ministry of consumer affairs.
The matter will be now heard on July 22.
Snapdeal did not respond to the queries. Both Amazon and Flipkart did not respond to repeated calls and texts.
On June 24, the commerce ministry held a stakeholders’ meeting on ways to enforce explicit labelling of goods with their respective countries of origin after it was made mandatory for products sold on the state-run trading platform Government e-Marketplace (GeM).
The same day, Bloomberg reported that Amazon.com Inc. and Walmart Inc.’s Flipkart agreed to compel merchants to start prominently displaying “country of origin“ for all goods sold online in India.
Apar Gupta, advocate and executive director of Internet Freedom Foundation, says that generally the names of the country are mentioned on the products.
“If there is valid legislative framework which is in place and not being followed then the court can issue direction on the implementation of the law or rule. However, if no such legislature exists then the parliamentarians should look into the matter and the courts cannot pass any direction because it is a policy decision, Gupta said.
