This is not a legal article, but my take on the Act.
If milk is necessary, Onion, oil, rice, medicine is necessary… So too is liquor for a habitual. But many will not agree on the liquor part in the given times. Have we ever thought about the repercussions’ when the addicts go into violent mode? How are we or the medical teams going to handle them? If they don’t get their daily dose of high, then they will make it on their own or do the Jugaad for the next alternative. Scary but true.
Going back to history, the main purpose of introducing ECA, 1955 was to ensure the delivery of certain commodities. The country was in shambles, the economy was in doldrums. The best way to regularize the supply of food and basics was this Act. The then govt. wanted to ensure the ROTI problem was tackled first then they can handle the rest. The aim was simple: Reduce Hoarding, Black marketing.
The measures that can be taken under the provision of the Act include, among others, licensing, distribution and imposing stock limits. The governments also have the power to fix price limits, and selling the particular commodities above the limit will attract penalties.
In the present day too these commodities are also otherwise available in the free market whenever the government feels that there is not enough supply to cater to the rising demand, they can limit the price with regulation on prices , controlling distribution and limiting sales.
Public distribution system ensures that all the people who cannot afford high price foodstuff get their meal at a subsidized rate. This is needed to ensure Production –Distribution- supply chain.
In order to curb price variation, all the products have MRP fixed. Any individual can raise the voice if a retailer sells the product above the MRP prices. Consumer Grievances cells are doing a commendable job on bringing down black marketers, hoarders, fake product manufacturers on the punitive side. (Penalty: Imprisonment of 3-7 yrs. In case of property, it will be forfeited; confiscate vehicles or animals used for transportation will be seized. All offences are cognizable and non-bailable. State District collector has the power to inspect, punish and reprimand offenders).
What constitutes Essential services? The original list has been tweaked many times to include and to omit products as per requirement. Mostly Food grains, Pulses, edible oils, milk, Drugs and medicines, fertilizers, Jute and clothing are permanent in the list. These products are clearly marked as Essential Commodity in order to ensure regular supply during all times.
In 1989 there were 70 essential items in the list. with amendments in 2002, 11 items were removed. In 2004, 50 more items were removed. recently there were only 7.The govt. Understanding the emergency situation during this Covid-19 Outbreak, On March 14, 2020 declared protective Mask and Hand Sanitizers as essential items so that exorbitant prices don’t stop people from buying them.
The next best thing that we open our doors on any given morning apart from milk is Newspaper, no day is complete without glancing at them. Are they a part of essential Commodities?
No trophies for guessing, Yes, they are essential. It was a landmark Judgment by JUSTICE SIKRI on 30 October 1972 in the BENNETT COLEMAN & CO. Vs. UNION OF INDIA gave newspapers the epitome status of being an essential commodity. (yeah! They are the owners of Times Group).
Well, now coming to my hundred dollar question, Newspaper got its right as an Essential commodity under the Freedom of Speech and Expression guaranteed by our Constitution. But in order to read that paper we need some literacy and education. THEN why is education (schools and Colleges) NOT in the ECA? Keep thinking…
To conclude a shloka from my primary class:
“Vidya dadati Vinayam, Vinaya dadati patratam, Patratva dhanam aapnoti, tat dhanam tat sukham". (Education makes one humble, humility makes one capable, Capacity allows one to make wealth, wealth brings happiness) Note: wealth does not mean only money.
Author is the founder of Aadya Learnings. For any further queries can be contacted at sukanyakr79@gmail.com.