Home India Ministry of Consumer Affairs, Food and Public Distribution Parliament Question: Selling Pakistani Flags and Goods...
Date: 2025-08-20 Category: Not Applicable State: Union Government Country: India

Parliament Question: Selling Pakistani Flags and Goods

Issued by Ministry of Consumer Affairs, Food and Public Distribution · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** This document outlines the Indian government's initiatives for consumer protection and empowerment, particularly in the context of e-commerce. It details the legal framework established by the Consumer Protection Act, 2019, and the role of the Central Consumer Protection Authority (CCPA) in addressing unfair trade practices and misleading advertisements. The document references specific guidelines issued by the CCPA to regulate misleading advertisements and unfair trade practices. **Key Points / Main Content:** * **Consumer Protection Act, 2019:** * Replaced the 1986 Act to modernize consumer protection in the digital age. * Established the Central Consumer Protection Authority (CCPA). * Simplified adjudication processes for Consumer Commissions, including enhanced pecuniary jurisdiction, online complaint filing, and video conferencing. * Introduced product liability provisions and penalties for adulterated/spurious goods. * Provides for rules to prevent unfair trade practices in e-commerce and direct selling. * **Consumer Protection (E-Commerce) Rules, 2020:** * Outlines responsibilities of e-commerce entities. * Specifies liabilities for marketplace and inventory e-commerce entities. * Includes provisions for consumer grievance redressal. * **Central Consumer Protection Authority (CCPA):** * Established on July 24, 2020, under Section 10 of the Consumer Protection Act, 2019. * Empowered to act against violations of consumer rights, unfair trade practices, and misleading advertisements. * Can initiate class actions and enforce recalls, refunds, and product returns. * Mandate includes preventing and regulating false or misleading advertisements. * **CCPA Guidelines:** * Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (effective June 9, 2022). * Guidelines for Prevention and Regulation of Dark Patterns, 2023 (effective November 30, 2023). * Guidelines for Prevention and Regulation of Greenwashing and Misleading Environmental Claims, 2024 (effective October 15, 2024). * Guidelines for Prevention of Misleading Advertisements in the Coaching Sector, 2024 (effective November 13, 2024). * **Definitions:** * Injury: Any harm illegally caused to a person's body, mind, or property (Section 223). * Deficiency: Negligence, omission, or commission causing loss or injury to the consumer (Section 211). * Unfair Trade Practice: Adopting unfair or deceptive methods to promote sales, including refusing to take back defective goods (Section 247). * **CCPA Powers (Section 19):** * Can conduct preliminary inquiries based on information, complaints, government directions, or its own motion. * Aims to determine if there is a prima facie case of consumer rights violation, unfair trade practices, or misleading advertisements. * Directs investigations by the Director-General or District Collector if a prima facie case exists. **Impact Analysis:** * **Consumers:** * *Impact:* Enhanced protection against unfair trade practices, misleading advertisements, and defective products, especially in the e-commerce sector. Easier access to grievance redressal mechanisms. * *Action Required:* Be aware of their rights under the Consumer Protection Act, 2019, and utilize the available channels for filing complaints and seeking redressal. * **E-commerce Entities (Marketplace and Inventory):** * *Impact:* Increased responsibility and liability for ensuring fair trade practices, accurate product information, and effective consumer grievance redressal. * *Action Required:* Comply with the Consumer Protection (E-Commerce) Rules, 2020, and ensure transparent and fair business practices to avoid penalties. * **Manufacturers and Sellers:** * *Impact:* Increased accountability for product quality and advertising claims. Penalties for selling adulterated or spurious goods. * *Action Required:* Ensure product quality, avoid misleading advertisements, and comply with the Consumer Protection Act, 2019. * **Central Consumer Protection Authority (CCPA):** * *Impact:* Empowered to investigate and take action against violations of consumer rights and unfair trade practices. * *Action Required:* Proactively monitor the market, investigate complaints, and enforce the provisions of the Consumer Protection Act, 2019, and related rules and guidelines.

Key Entities Referenced

Confederation of All India Traders CAIT: An organization of traders in India that filed a complaint referred to as 'Operation Sindoor' regarding the sale of Pakistani flags and goods on e-commerce platforms. Consumer Protection Act, 2019: An act enacted in India to modernize the framework governing consumer protection, replacing the Consumer Protection Act, 1986. Central Consumer Protection Authority CCPA: An executive agency established under the Consumer Protection Act, 2019, to act against violations of consumer rights, including unfair trade practices and misleading advertisements. Consumer Protection Ecommerce Rules, 2020: Rules notified by the Department of Consumer Affairs under the Consumer Protection Act, 2019, outlining the responsibilities of e-commerce entities and specifying liabilities. Pakistani Flags and Goods: Goods originating from Pakistan, the sale of which on e-commerce platforms was the subject of a complaint and investigation. SHRI DILESHWAR KAMAIT: Member of LOK SABHA who raised a question about the sale of Pakistani flags and goods on e-commerce platforms. SHRI B.L.VERMA: The Minister of State Consumer Affairs, Food and Public Distribution who provided the answer to the question raised in LOK SABHA. Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: Guidelines issued by the CCPA on 9th June, 2022 to prevent misleading advertisements.
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Government of India Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs LOK SABHA UNSTARRED QUESTION NO. 4474 TO BE ANSWERED ON 20.08.2025 SELLING PAKISTANI FLAGS AND GOODS 4474. SHRI DILESHWAR KAMAIT: Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION be pleased to state: (a) whether notices were issued to e-commerce platforms for selling Pakistani flags and goods; (b) if so, the details thereof and action taken thereon; (c) whether the Confederation of All India Traders (CAIT) have filed the complaint under "Operation Sindoor" which led to this action and if so, the main concerns of CAIT along with the response received from these platform; (d) the steps being taken by Government to prevent such listings in future; (e) whether the Government proposes to introduce stricter guidelines for online market places to prevent the sale of items that hurt national sentiments; and (f) if so, the details thereof? ANSWER THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI B.L.VERMA) (a) to (f) : Department of Consumer Affairs is continuously working for consumer protection and empowerment of all consumers by enactment of progressive legislations. With a view to modernize the framework governing the consumer protection in the new era of globalization, technologies, e-commerce markets etc. Consumer Protection Act, 1986 was repealed and Consumer Protection Act, 2019 was enacted. Salient features of the new Consumer Protection Act, 2019 are establishment of a Central Consumer Protection Authority(CCPA); simplification of the adjudication process in the Consumer Commissions such as enhancing pecuniary jurisdiction of the Consumer Commissions, online filing of complaint from the Consumer Commission having jurisdiction over the place of work/residence of the consumer irrespective of the place of transaction, videoconferencing for hearing, deemed admissibility of complaints if admissibility is not decided within 21 days of filing; provision of product liability; penal provisions for manufacture/sale of adulterated products/spurious goods; provision for making rules for prevention of unfair trade practice in e- commerce and direct selling. To safeguard the interests of consumers from unfair trade practices in e-commerce, the Department of Consumer Affairs has notified the Consumer Protection (E-commerce) Rules, 2020 under the provisions of the Consumer Protection Act, 2019. These rules, inter-alia, outline the responsibilities of e-commerce entities and specify the liabilities of marketplace and inventory e-commerce entities, including provisions for consumer grievance redressal.Under the provisions of the Consumer Protection Act, 2019, the Central Consumer Protection Authority (CCPA), an executive agency, came into existence on 24.07.2020. The Central Consumer Protection Authority (CCPA), established under Section 10 of the Consumer Protection Act, 2019, is empowered to act against violations of consumer rights, including unfair trade practices and misleading advertisements. It is designed to intervene, to prevent consumer detriment arising from unfair trade practices and to initiate class action(s), including the enforcement of recalls, refunds and return of products. Its core mandate is to prevent and regulate false or misleading advertisements which are prejudicial to the public interest. The CCPA has already issued the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (on 9th June, 2022), the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (on 30th November, 2023), the Guidelines for Prevention and Regulation of Greenwashing and Misleading Environmental Claims, 2024 (effective 15th October 2024) and the Guidelines for Prevention of Misleading Advertisements in the Coaching Sector, 2024 (effective 13th November 2024). As per the Consumer Protection Act, 2019, ‘injury’ as defined under Section 2(23) means any harm whatever illegally caused to any person, in body, mind or property. Further, ‘deficiency’ as defined under Section 2(11) includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Furthermore, 'unfair trade practice' as defined under Section 2(47) a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including refusing, after selling goods or rendering services, to take back or withdraw defective goods or to withdraw or discontinue deficient services. CCPA, under Section 19 of the Consumer Protection Act, is empowered to, upon receiving any information, complaint or directions from the Central Government, or on its own motion, conduct or cause to be conducted a preliminary inquiry to determine whether there exists a prima facie case of violation of consumer rights, unfair trade practices or false or misleading advertisements by any person, which is prejudicial to the public interest or the interests of consumers. If satisfied that such a prima facie case exists, the CCPA shall direct an investigation to be carried out by the Director-General or the District Collector. ******

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