The Supreme Court’s attention has been drawn to the rampant practice of overpricing by shopkeepers in the time of COVID and the consequent issue of violation of Rights protecting the interest of citizens not only under the Constitution of India but also under the Consumer Protection Act, 1986.
The letter argued that while everyone understood the need for curtail of individual rights during timers such as now, the unfair and restrictive trade practices and the overpricing of the available products are rampant and are a pointer to the degree of legal violation for these essential commodities which are needed for survival.
The letter penned down by a 4th year Law student Anchit Jain, Advocate Gautam Mishra and Advocate Yash Jain is based on various news articles published by several credible news agencies and states that “It is a sensitive issue as the common men, rural population and daily wagers are the most affected section of the society due to these discrepancies.”
“In the case of People’s Union for Civil Liberties v Union of India, the Supreme Court of India pronounced the Right to Food as a fundamental right under Article 21 of the Constitution of India. Thus, denying specifically, any food product or service is the direct violation of the Right to Food as well,” the letter stated.
They contended that for the better enforcement of the law and to bring this unfair practice to an end, the government may be directed to lay down certain strict guidelines for shopkeepers to furnish the bills against the sale of any commodity or as the court may deem fit and necessary to protect the interest of every citizen.
-India Legal Bureau