THE RIGHT TO REPAIR IN INDIA
UNLOCKING INNOVATION, SUSTAINABILITY, AND CONSUMER AUTONOMY
Keywords:
Right to Repair, Consumer Protection, Planned Obsolescence, Intellectual Property Rights (IPR), E-waste Management, Sustainable Development, Consumer Autonomy, Article 21, Environmental Rights.Abstract
The right to repair has emerged as a counterforce to the paradox of modern consumerism, where individuals enjoy the freedom to purchase but are seldom free to repair. The right challenges the status quo based on 'planned obsolescence'— the practice by corporations and manufacturers to deliberately design products in such a way that they become frequently replaceable. This practice operates by way of restricted access to spare parts, proprietary software locks, warranty void clauses and other design choices that discourage repairs. The right to repair, in contrast, advocates for customers as well as independent repairers to be granted access to tools and technical know-how required for product restoration. Such practices not only adversely affect consumer autonomy but also fuel the ongoing environmental crisis, considering e-waste generation is rising in India. In this light, the paper thus explores how giving a formal recognition to the right to repair can significantly aid in sustainable governance. It will not only protect consumer interests but also enable an effective capacity-building of the citizens for them to meaningfully avail of their fundamental right against climate change, which has recently been granted judicial recognition as an inherent facet of the right to life under Article 21 of the Indian Constitution. It also puts forth that the often-cited IPR concerns justifying repair restrictions, can indeed be balanced with the right to repair, by offering a normative framework that reconciles the IPR concerns with this right. An approach based on a fine balance can safeguard innovation without undermining consumer rights and sustainability. Ultimately, the paper makes a case for the right to repair as a conscious policy decision necessitating a shift in how we conceive ownership and justice in an era of disposability, thus aligning it with the constitutional values of sustainability, access, and fairness.
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