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On Wednesday Delhi High Court issued a notice in a Public Interest Litigation (PIL) filed to ensure that products being sold on e-commerce websites, display manufacturing country's name. (Amit Shukla vs UOI & Ors)
The PIL also seeks a direction to ensure that e-commerce websites publish/display the 'Made in India' option separately and conspicuously for consumers.
A Division Bench of Chief Justice DN Patel and Justice C Hari Shankar has issued notices to the Ministry of Commerce and Industry as well as to various e-commerce websites such as Amazon, Flipkart, Snapdeal, and others seeking their stand on the plea by July 22.
The petition was filed by Mr Amit Shukla, the petition seeks a direction to be issued that all e-commerce entities are mandated to publish the name of the country of origin/manufacturer on their platform, on the basis that in terms of Legal Metrology (Packaged Commodities) Rules, 2011.
Standing counsel Ajay Digpaul of Central government has accepted notice on behalf of the Ministry of Consumer Affairs.
The petition avers, it is compulsory for e-commerce entities to conspicuously mention a product's country of origin, in view of Rules 6 and 10 of the Legal Metrology (Packaged Commodities) Rules, 2011
However, the same is yet to be enforced qua e-commerce companies, the petitioner stated.
"Most Indians want to buy Indian products now...(one) should know what he is buying from e-commerce websites...". Petition filed in Delhi High Court
The petition states that in 2017, the said Rules were amended to make it mandatory for e-commerce websites to publish the country of origin. However, the said rule has not been enforced so far.
It is further stated that some of the e-commerce companies are mentioning the product's country of origin, but in a discreet manner which is not easily searchable by the consumers at large.
“During these times, when Indians are motivated to buy products which are domestically manufactured, compliance with the Packaged Commodities Rules become extremely significant”, the Petitioner argued.
It was also pointed out that recently, notification of the Ministry of Commerce dated June 23, 2020, that all sellers on the Government e-Marketplace (GeM) shall also mandatorily enter their country of origin while registering new products for sale on the platform.
The Petitioner has submitted that if the e-commerce websites continue not to mention the product's country of origin on the e-commerce websites, the entire nation would suffer in future.
"...Because the citizens of the country particularly in view of the tensions in the border and aggression of the neighbour intend not to buy any products originating from the neighbour (Republic of China). It is submitted that the heavy export is the backbone of the Republic of China and in the event, India is self-reliant, the same would strengthen the defence services in-turn boosting the strength of the nation." Petition filed in Delhi High Court
The petitioner has thus sought a direction to the Centre to ensure compliance of the Legal Metrology (Packaged Commodities) Rules, 2011 qua e-commerce websites.
The matter will be heard next on July 22.
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