Plight of disabled consumers

Source-This post on Plight of disabled consumers has been created based on the article “Navigating life as a consumer with disability” published in “The Hindu” on 17 April 2024.

UPSC Syllabus-GS Paper-2- Social Justice-Welfare Schemes for Vulnerable Sections of the population.

Context-15 March is celebrated as World Consumer Rights Day to create awareness about the rights of consumers. However, there is a one section of consumers, namely disabled consumers, who remain invisible in these celebrations or even in the discourse around consumer rights.

What are the challenges faced by disabled consumers in accessing the marketplace?

1) Inaccessibility of goods and services-Many goods and services are not accessible to disabled consumers. For ex-at the supermarket, there are no tactile pavements in the building for the disabled, mobile apps of companies are not accessible etc.

2) Inaccessibility of customer support options-There are many companies who accept only written complaints via postal mail. This compels the disabled consumers to seek external help to send a complaint to the company.

What is the impact of this inaccessibility on disabled consumers?

1) The dependence of disabled consumers on others to perform most basic human activities leads to the loss of dignity, independence, and privacy.

2) It undermines their right to lead an independent life and also prevents them from equally participating in society like others.

What are the existing legal measures for protection of rights of disabled consumers?

1) Rights of Persons with Disabilities Act (RPWDA)–
A) It bestows many rights to disabled persons such as rights to equality, accessibility, and reasonable accommodation.

B) Section 43 and 46 of the Act provides for universally designed consumer goods and accessible services. It also requires all Information and Communications Technology (ICT) goods and services to be accessible in accordance with the BIS standards laid down by the government.

C) A consumer with disability can file a complaint with the Disability Commissions established under the Act in case of violation of his rights. For ex– Practo, a famous healthcare service provider, was ordered to make its website and app more accessible.

2) Consumer Protection Act (CPA), 2019–

A) It empowers Consumer Commissions to impose penalties and award compensation against consumer complaints. For example, in S. Suresh v. The Manager i/c, Gokulam Cinemas, a person with locomotor disability who encountered inaccessibility at a cinema hall was awarded a compensation of ₹1,00,000.

B)The CPA has strong enforcement and compliance mechanisms. However, it does not have a dedicated right for disabled consumers. This may prevent them from filing complaints with Consumer Commissions.

Read more-Persons with Disabilities: Rights, Challenges and Solutions 

What steps can be taken to enhance the consumer experience of persons with disabilities?

1) Business-
Businesses usually don’t see people with disabilities as their main customers. This is demonstrated by the fact the most of their products are not disabled friendly. In India, people with disabilities make up about 5-8% of the total population. This section can enhance the economic profitability of business if their products are made more accessible to disabled consumers.

2) Governments-
A) The governments can play a constructive role by plugging the gap in sensitisation among businesses through effective policy measures. For ex-In October 2023, FSSAI advised all food businesses to incorporate QR codes with product details on their food items. This will allow visually impaired people to ascertain crucial product information on their own.

B) The government should take steps to align the Consumer Protection Act (CPA)  with the Rights of Persons with Disabilities Act.

C) The government should bring comprehensive accessibility guidelines for all goods and services. India can learn from the best practices of other countries like Australia and the U.S.

Question for practice

Highlight the challenges faced by disabled consumers in accessing the marketplace? What steps can be taken to overcome these challenges?