The Right To Repair In India A Consumer’s Right

Dr. Raina Midha & Dr. Syedah Fatima Zahara Jafri
DOI:

Abstract

The Right to Repair (R2R) movement has gained momentum globally as consumers advocate for greater access to repair information, tools, and parts for the products they own. The ‘Right to Repair’ movement signifies a transformative shift in consumer rights, sustainability endeavours, and legal frameworks, both internationally and within India. This paper explores India’s proactive measures in implementing the Right to Repair, including the establishment of the Right to Repair Portal and proposed legislative frameworks, demonstrating a commitment to address consumer needs amidst restrictive trade practices. By identifying key sectors and leveraging existing legal precedents, India aims to balance intellectual property rights with consumer choices effectively. Legal precedents, including the Shamsher Kataria v. Honda Siel Cars India Ltd. and Sanjeev Nirwani v. HCL cases, contribute to evolving jurisprudence on the Right to Repair, emphasizing the intersection of competition law, consumer protection, and repair rights. While initiatives like the Right to Repair Portal signify progress, challenges and opportunities for refinement remain. Enhancing portal functionality, expanding its scope, and addressing manufacturers’ concerns are crucial for empowering consumers and promoting sustainable practices. Ultimately, this paper explores that how the Right to Repair movement holds significant promise for advancing consumer rights, fostering environmental sustainability, and driving innovation in India and beyond, contingent upon ongoing collaboration and dialogue amongst stakeholders.

Keywords

Right to Repair, Consumer Right, Sustainability, India, Legal Frameworks