Manufacturers must adopt Reparability Model

It can be summarised that the right to repair is important for both the use and the environment. Even if, a manufacturer does not benefit as much as the consumer, it can still develop newer and better products while still allowing users to repair existing ones. — Vinod Johri

We have not forgotten the days when all our electronic and electric gadgets like TV, transistors, fans, Air conditioners, computers, laptops, mobiles etc. household goods, microwaves, refrigerators etc.  and miscellaneous instruments were repaired in repair shops in our nearby markets. For a long time, technology companies have made their products difficult, if not impossible, to repair. This is a major drawback for consumers. The manufacturers have designed the modern gadgets with policy of guarantee and warranty in such a way that those shops have largely closed rendering the mechanics jobless and entailing heavy expenditure and inconvenience as well as disadvantage to the customers on repairs beyond guarantee and warranty period or purchasing the new one as models change every year or frequently so, when parts of old models not available. Thus consumers’ rights are not protected. This article seeks to sensitise the consumers, the Government and the manufacturers to adopt reparability model of their products.

More and more products are becoming unrepairable. For example, a product may be impossible to open without destroying it, and may have no third-party parts options. Devices should be designed in a way that allows for repair. Even appliances, which have long been regarded as repairable, are increasingly incorporating computer chips, potentially making them more difficult to repair in the future. Thus, basically, the right to repair requires manufacturers to disclose product details to customers so that they can repair devices by themselves or through third parties rather than relying on the original producers. It also unifies trade between Original Equipment Manufacturers (OEMs) and third-party buyers and sellers, resulting in the creation of new jobs. In order to improve consumer welfare, our country should implement a dedicated repair law. In Shamsher Kataria v Honda Siel Cars India Ltd (2017), the Competition Commission of India (CCI) ruled that limiting access to spare parts to independent automotive repair units through an end-user licence agreement was anti-competitive. The CCI found that the practice was harmful to consumer welfare.

The right to repair is a rising global movement that aims to ensure that consumers are able to fix and repair their own devices. Otherwise, the producer of those gadgets restricts the consumer to use only their offered services. This right gives the user access to a manufacturer’s hardware and software tools, as well as the choice of repairing the device himself or taking it to the manufacturer’s service centre or to a third party. While global society is seriously concerned about the growing quantity of solid waste (particularly electronic components), the primary debate over the right to repair has been a subject of discussion worldwide.

The Department of Consumer Affairs formed a committee under the chairmanship the Additional Secretary, to develop a comprehensive framework for the right to repair. The term ”right to repair” refers to legislation that would enable consumers to independently repair and modify their own consumer goods such as electronic, automotive, or even farm machinery, where the manufacturers of such products would otherwise require the consumer to use only their offered services by limiting access to tools and components or by putting up software barriers to prevent independent repair or modification. These challenges typically increase consumer expenses or make users replace equipment rather than repair it. 

Recently Government has taken initiatives on right to repairs through National Consumer Helpline (NCH). The goal of developing a framework for the right to repair in our country is as follows:

a.    To empower consumers & product buyers in the local market,
b.    To harmonise trade between original equipment manufacturers and third-party buyers and sellers.
c.    To emphasise developing sustainable product consumption and
d.    To reduce e-waste. 

Advantages of right to repair- 
i.    This will help small repair shops, which are an important part of local economies, grow.
ii.    It will contribute to the reduction of the continent’s vast  electrical and electronic waste.  
iii.    It will save consumers’ money.
iv.    It will help to achieve circular economy goals by extending the life of appliances and improving their maintenance, re-use, upgrading, recyclability, and waste handling.
v.    Customers will be able to purchase their own set of tools to enable them to fix their devices   and gadgets.
vi.    Company will also give access to required software which the customer needs for repairing the gadget for a prescribed time 
vii.    The obsolescence of devices / gadgets will reduce.
viii    Company will provide a clearly instructed manual that would aid consumers to repair the devices and gadgets.
ix.    Consumers  will have the choice of either repairing the gadgets and devices themselves or to go the Company repair centre. 
x.    Organised refurbishing will be possible. 

Thus, when this legislation is implemented, it would be a game changer for product sustainability and a driver for job creation by permitting third-party repairs.

Union Food and Consumer Affairs Minister Shri Piyush Goyal launched a host of new initiatives, including the right to repair portal and an NTH mobile app and opened new premises of National Consumer Helpline centre in the national capital. A memorandum of understanding was also signed between the Consumer Affairs Department and IIT (BHU), Varanasi as well launched a capacity building programme of consumer commissions. These initiatives were launched on the occasion of the National Consumer Day. On the ‘right to repair’ portal, manufacturers will share the manual of product details with customers so that they can either repair by self, by third parties, rather than depend on original manufacturers. Initially, mobile phones, electronic, consumer durables, automobile and farming equipments will be covered. Speaking on the theme “Effective disposal of cases in consumer commission” on the occasion of National Consumer Day, Shri Piyush Goyal lauded the consumer commissions for disposing of higher number of pending cases in last six months and expressed confidence of eliminating the backlog of cases across the country. He further said his ministry is making efforts keeping in mind what the prime minister has articulated — convergency, capacity building and climate change — to make consumers’ life easier and promote ease of doing business. He emphasised that 3T’s – Technology, Training and Transparency will help towards achieving greater consumer awareness and greater service to our consumers.

It can be summarised that the right to repair is important for both the user and the environment. Even if a manufacturer does not benefit as much as the consumer, it can still develop newer and better products while still allowing users to repair existing ones. Technology advancements and reparability may not be construed contradictory. Moving toward a world where technology is not constantly discarded due to a single malfunctioning part, would assist in reducing electrical & electronic waste and environmental problems while also giving consumers choice over the things they buy and the ability to fix such devices.             

Vinod Johri, Retd Additional Commissioner of Income Tax.

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