Is It Really Safe? Is It Really Safe? Caveat Emptor - II This Book Is the Second in the Series of Publications Under the Serial Title Caveat Emptor
Total Page:16
File Type:pdf, Size:1020Kb
Is It Really Safe? Is It Really Safe? Caveat Emptor - II This book is the second in the series of publications under the serial title Caveat Emptor. The first one was: ‘How To Survive As A Consumer’. Published by: Consumer Unity & Trust Society D-217, Bhaskar Marg, Bani park Jaipur 302016, India Email: [email protected] Website: www.cuts-international.org CUTS Calcutta Resource Centre 3, Suren Tagore Road Calcutta 700 019, India Ph: +91.33.24601424 Fx: +91.33.24407669 Email: [email protected] Written by: Soumi Home Roy Printed by: Jaipur Printers P. Ltd. Jaipur 302 001 ISBN: 81-8257-022-0 © CUTS, 2004 #0406 SUGGESTED CONTRIBUTION Rs.100/US$15 CUTS – Safety Watch Established in 1983, Consumer Unity & Trust Society (CUTS) is an active social action research and advocacy group based in Jaipur, India and recognised internationally. CUTS works at the grassroots, national, regional and international levels on diverse public interest issues by pursuing social justice and economic equality within and across borders, with value for people as its underlying theme. CUTS’ Centres are located at Jaipur (head office), New Delhi, Chittorgarh and Calcutta in India, and at Lusaka in Zambia, Nairobi in Kenya, and London in the UK. CUTS’ work is divided into five operational areas: • consumer protection, which includes accountability, regulatory reforms, etc.; • trade and development; • competition, investment and regulatory policies; • sustainable production and consumption, including consumer safety; and • rural consumers and women’s empowerment. CUTS works with several national, regional and international organisations, such as Consumers International, London, UK; Consumer Choice Council, Washington DC, USA; Central Consumer Protection Council, Ministry of Consumer Affairs, Government of India; National Codex Committee, Ministry of Health and Family Welfare, Government of India; Consumer Co-ordination Council of India, etc. It is represented in several policy bodies of the Government of India, like the Technical Committee on Ecomark, and National Advisory Committee on International Trade of the Ministry of Commerce, among others. CUTS has been active in the area of consumer safety and consumer protection. Some of the milestones are: • CUTS is responsible for the enactment and strengthening of the dynamic Consumer Protection Act, 1986 (COPRA), the likes of which is not seen anywhere in the world. • CUTS succeeded in getting a toxic additive, Brominated Vegetable Oil (BVO), banned for being used in soft drinks in 1990. This led to widespread consumer awareness on health and safety issues. The BVO episode triggered an amendment in the Consumer Protection Act in 1993, empowering the consumer courts to stop the sale of and/or order the withdrawal of any unsafe or hazardous goods from being sold in the market, under the Right to Safety. • CUTS obtained an unprecedented compensation of Rs. 50,000 from Otis Elevator Co. for a lift accident victim without going to court in 1987. It was mentioned in the Limca Book of Records as the highest lift accident compensation ever paid in India. • By a class-action petition under the COPRA, CUTS ensured the legal and human rights of nearly 800 poor victims of adulteration in edible oil in Calcutta in 1988-90, commonly referred to as the “Behala Oil Tragedy.” • A CUTS study on road safety, in 1990, became the basis for the National Road Safety Policy adopted by the Government of India in 1993, which seeks to reduce the deaths in road accidents from the existing percentage by 30 percent by 2000. CUTS was nominated to the National Road Safety Council twice and to its first high-level Ministerial Committee, which was established to formulate the National Road Safety Policy. • Pursuant to an appeal in 1995 on medical negligence by CUTS, the Supreme Court of India ruled that all government employees, even if they, or their families, get free medical treatment, would be entitled for coverage under the COPRA. The landmark judgement settled the controversy of medical negligence being covered under the COPRA. Feeling the need for more focused action in the area of consumer safety, in 1993, CUTS established “Safety Watch” as an independent programme at its Calcutta Resource Centre. Its mission was “to achieve the citizen’s right to be protected against unsafe goods, services and environment, and to promote sustainable consumption and production and provoke questioning and action.” The stimulus behind the launch of Safety Watch was the Public Liability Insurance Act, which was enacted in 1989 to provide for compulsory liability insurance by hazardous industries. Added to this was the 1993 amendment to the Consumer Protection Act, 1986, empowering consumers to file complaints against hazardous goods and seek their ban or withdrawal from the market. Contents Foreword Pushpa Girimaji ...................................................................... i Preface Pradeep S Mehta ................................................................... iii Chapter 1 Introduction ......................................................................... 12 Chapter 2 Product Safety ...................................................................... 22 How Safe is Your Cosmetics? ............................................... 24 Use Mosquito Repellents with Caution ............................... 28 Celebrate Diwali with Joy, not Accidents ........................... 32 How Safe are Your Toys? ...................................................... 36 Chapter 3 Services Safety ..................................................................... 42 Joyride: Ride to Death? .................................................................... 44 Escalators are Safe only when You are Cautious ............................. 49 Does Your Building Follow the Fire Safety Norms? ......................... 52 How Safe is Your Drinking Water? .................................................. 57 Chapter 4 Health Care Safety ............................................................... 66 How Safe are Our Mass Health Campaigns? ...................... 68 Hepatitis B Vaccine: Is the Cure more Dangerous than the Disease? .............................................. 72 How Safe is Blood Transfusion? .......................................... 75 Be Cautious about Irrational Prescriptions ....................... 81 Medical Institutions cannot Deny Emergency Cases .......... 86 Chapter 5 Food Safety ........................................................................... 92 Check Out Your Chocolate .................................................. 94 How Safe is Your Edible Oil? ............................................... 98 Drinking Milk or White Poison? ....................................... 104 The Great Indian Iodised Salt Debate ............................... 109 Beware of Pesticides in Your Food .................................... 113 Chapter 6 Transport Safety ................................................................. 126 How Safe are the Indian Roads? ....................................... 128 How Safe is the Indian Railway? ....................................... 138 How Safe is Air Transport System in India? ...................... 151 Annexures ............................................................................................ 162 I: Related Laws/Acts/Rules ................................................ 164 II: General Comments of Other Consumer Organisations on CUTS’ Efforts....................................... 172 Foreword During the month of July last year, a glass pane came hurtling down from the first floor window of a school in Delhi on an eight-year old girl waiting with her friends to board the school bus. It split her forehead, causing serious injury requiring hospitalisation. Two more children standing next to her received minor injuries from glass splinters. It is so easy to dismiss this as a freak accident, but, in reality, it is a reflection of the lack of safety consciousness in those who run schools. About a month earlier, a three-year-old child in Noida, Uttar Pradesh, lost two fingers of his right hand on an exercising machine. The play school which the child attended and a gymnasium were located on the same floor of a building and the play school had allowed the child to wander unattended into the gymnasium. Around the same time, the life of 15-year old Nagendra Singh was cut short tragically, when the iron rods protruding from a truck pierced through his chest. Nagendra was sitting near a window in a Blueline bus. By carrying rods in that fashion, the truck driver endangered the lives of those on the street and by recklessly trying to overtake the truck, the bus driver had also contributed to the death of Nagendra. We, as people, lack safety consciousness. The result can be seen in a number of avoidable accidents, many times taking a heavy toll. The Uphaar cinema tragedy in Delhi, for example, would not have happened, if only the hall owner had taken adequate fire safety measures. The law enforcement agencies were also at fault for not enforcing the fire safety regulations. But, have we learnt a lesson from the tragedy that took so many lives? Even today, there are cinema halls that flout safety norms with impunity. And, consumers, who pay for the tickets, do not protest. The death and devastation that followed the earthquake in Gujarat provide another example of our callous disregard to safety. If only the houses had been built to withstand earthquakes, the calamity would