RESEARCH PROPOSAL

"Legal Contours of Balancing Consumer Rights and Manufacturer

For consideration of admission in

Doctor of Philosophy (Law)

Submitted by

Himanshu Malik

B.A.L.L.B. (Hons), National Law University, Lucknow (RMLNLU) (2016-2021)

L.L.M. (Faculty of Law, University of Delhi) (2022-2024)

Contact: 9045537677

E-mail: Hmalik9300@[Link]

FACULTY OF LAW

UNIVERSITY OF DELHI
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 I. Introduction
1.1 Background of Right to Repair

The Right to Repair movement originated in the 1950s, during the heyday of the computer era.
Governments in countries all across the world have recently prompted their legislatures to pass
effective right to repair laws. The movement hopes to convince businesses to make spare parts,
tools, and information on how to repair gadgets available to their consumers to lengthen the
lifespan of products and to reduce the cost of repair for products no longer covert by warranties
and replacement policies.

Repair techniques evolved to keep pace with technology. In industrial era, the introduction of
interchangeable parts promised to make repair easier and more reliable than ever before. But
over the course of the twentieth century, manufacturers realized that product durability after all
was not in their economic self-interest. So, they found ways to induce consumption and
discourage repair. As early as the 1920s, firms were exploring the strategies that would
eventually become known as "Planned obsolescence." By the 1950s, those techniques were
cornerstones of the consumer economy.

The necessity of a Right to Repair arose from the fact that consumers world over has to disburse
large sums to fix defective products. In 2012, the state of Massachusetts passed the motor
vehicle owners’ right to repair Act 2012, where the Right to Repair concept first emerged. This
legislation compelled manufacturers to disclose the records and information rewired for anyone
to fix their automobiles. Recently the debate on this issue has gained new momentum in India
because of the idea of the Life movement through sustainable consumption introduced by
Prime Minister Narendra Modi during the United Nations Climate Change conference in 2022.

1.2 Right to Repair

India does not have any law that confers on consumers a right to repair in general or in the
technology sector. Right to repair is a legal right for owners of devices and equipment to freely
modify and repair products such as automobiles, electronics, and farm equipment. Right to
repair may also refer to the social movement of citizens putting pressures on their governments
to enact laws protecting a right to repair. Practically speaking this right designates laws
allowing consumers to access hardware and software tools from manufacturers, giving them
the autonomy to decide whether they want to utilize a company service center, buy a new item,
or fix the product themselves.
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The underlying principle of the Right to Repair is seemingly straight forward: complete
ownership of a purchased product should grant the individual the freedom to modify, mend, or
service it without interference or restriction from manufacturer.

We can define the Right to Repair as the capacity of consumers to fix their electronics and
other products. This Right encompasses the hardware and the device's battery, memory, and
computing speed. The Motor Vehicle Owners' Right to Repair Act of 2012, which was
passed in the United States in 2012, was the spark that ignited the various discussions
surrounding the right to repair.1 This law aimed to make regulatory requirements for
automobile forms to make accessible the replacement parts and data that are pertinent to the
procedure of repair, as well as to allow consumers to have the “right to choose” the repair
outlets.2 However absence of similar legislation in India has led to handicapping of consumers
and other related consequences that will be discussed hereinunder.

II. Statement of problem

The Right to Repair movement in India faces a critical research problem rooted in the tension
between consumer rights and manufacturer interest. As consumer goods, particularly
electronics and automobiles, become increasingly complex and proprietary, manufacturers
often restrict access to repair information, tools, and parts, leading to increased cost and
reduced product lifespan for consumers. This situation raises concern about consumer
autonomy, environmental sustainability, and economic equity, particularly in a country where
income disparity is significant, and access to new product is not always feasible. Despite the
growing global discourse on the Right to Repair, there is a lack of in-depth research focused
on India’s unique socio-economic context, where the impact of restricted repair rights may be
pronounced. The problem is compounded by the absence of comprehensive legal frameworks
or policies that address the Right to Repair, leaving consumers with limited recourse against
monopolistic practices. Addressing this research problem is crucial for understanding how to
balance the interests of consumers, manufacturers, and the environment, and for developing
policies that support sustainable consumption and production practices in India.

1
Motor Vehicles Owners' Right to Repair Act of 2012. [Link]
bill/1449
2
Sahra Svensson-Hoglund and others, 'Barriers, Enablers and Market Governance: A Review of the Policy
Landscape for Repair of Consumer Electronics in the EU and the US' (2021) Journal of Cleaner Production
[Link] accessed 10 March 2025.
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III. Review of Literature

Roy, S. K et al., (2023) examined that the autonomy and entitlements of customers to repair
their own defective equipment according to the repair manual or to choose a service provider
of their preference, without being compelled by the manufacturer's preferences. The research
conducted, is focused on methodology and aims to empower consumers by coordinating trade
between manufacturers, third-party sellers, and buyers. It also promoted sustainability in
product consumption by reducing electronic waste. The study of 112 participants3 revealed the
extent and need of the right to repair, which offers substantial advantages to consumers.

Subramanya, T. R., et al., (2023) studied that the "Right to Repair" is an innovative and
unconventional legal principle that pertains to the giving of the authority to repair a damaged
object, such as a car or smartphone, or to make alterations to such a device, by the owner,
manufacturer, or a third-party repair shop. Countries worldwide, notably the United States and
the United Kingdom, have implemented legislation to safeguard people's "right to repair."4 The
research specifically examined the significance and indispensability of implementing such
legislation in the country of "India." In order to achieve the aforementioned objective, data was
gathered from a range of secondary sources, such as books, journals, articles, and reports that
are relevant to the subject matter.

Ozturkcan, S. (2023) studied that the right-to-repair act is a consumer rights movement that
advocates for individuals' ability to repair and modify their electronic devices, such as
smartphones. In order to ensure that diagnostic tools, service manuals, and replacement
components are accessible to the general people, the movement persisted and the study
discussed the changing market conditions and analyzed the responses of different brands to the
latest worldwide trends. The study supported the United Nations Sustainable Development
Goals in several ways since right-to-repair legislation aids in the reduction of electronic waste
and encourages sustainable consumerism.

Ankit, D. R. L. (2023) examined that the Ministry of Consumer Affairs has launched a portal
devoted to the Right to Repair. It empowered people to independently fix and alter their own
electronic equipment, even while manufacturers often insist that consumers only utilize their

3
Roy, S. K., & Sen, N. (2023). Right to Repair: A Reflective Facet of Consumer Justice. Studia Iuridica
Lublinensia, 32(2), 11-34.
4
Subramanya, T. R., & Saroj, N. (2023), “Is Right to Repair One's Own Good a Consumer Right? An Analysis
of the Changing Dimensions of Consumer Rights in India”, IJCLP, 11, 182.
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designated services. The notion originated in the United States of America with the enactment
of the Motor Vehicle Owners' Right to Fix Act of 2012. This legislation mandated
manufacturers to provide the essential paperwork and information required for anybody to fix
their automobiles. In addition, considering India's current position, the Department of
Consumer Affairs has formed a committee to create a Right to Repair framework inspired by
the principles of sustainability and environmental consciousness.

Marikyan, D. et al., (2023) stated that the right-to-repair law focuses on fostering sustainable
utilization of hardware by incentivizing stakeholders to extend the lifespan of items, such as
electronic equipment. The primary objective of the study was to analyze the elements that
contribute to customers' inclination to repair their hardware. Additionally, it attempts to explore
the perceived consequences of engaging in repair activities5. The analysis of 510 responses
revealed that the inclination to engage in repair activities is influenced by three distinct
categories of factors: the promoters of environmentally friendly behavior, elements connected
to repair, and opinions regarding regulation. The findings represented a valuable contribution
to the existing body of knowledge on sustainable behavior and the right to repair.

Haider, M. et al., (2022) investigated and enhanced the role of marketing in promoting
sustainability in consumer research. The review employed bibliometric and integrative review
methodologies to consolidate and integrate knowledge. The assessment discovered that there
has been a significant increase in sustainable consumption research since 2015, suggesting a
greater level of interest in the topic. Additionally, there exist four prominent ideologies6 in the
field of sustainable consumption research, which utilize three interconnected levels of analysis
(micro, meso, and macro) to comprehend consuming behaviors.

Glavič, P. (2021) examined the current state and ongoing patterns of sustainable consumption
and production (SCP). The study focused on unsustainable behavior and the prevailing
predicament of choosing between sustainable growth or degrowth. Various diverse
methodologies are employed to measure and assess SCP (Sustainable Consumption and
Production) within the context of sustainable development. In order to predict the SCP,
significant tendencies are outlined. The future evolution of SCP will be influenced by several

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Marikyan, D., & Papagiannidis, S. (2023). Exercising the “Right to Repair”: A Customer’s Perspective. Journal
of Business Ethics, 1-27.
6
Haider, M., Shannon, R., & Moschis, G. P. (2022). Sustainable consumption research and the role of marketing:
A review of the literature (1976–2021). Sustainability, 14(7), 3999.

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megatrends and will necessitate decreased individual and communal consumption. The
significance lies in the utilization of energy in buildings, the adoption of renewable energy
sources, and the implementation of energy storage systems.

IV. Research Gap

The study of the right to repair in India is still in its nascent stages. The significant gap is the
limited exploration of consumer awareness and perceptions regarding the Right to Repair,
particularly in rural and semi urban areas. Additionally, there is a scarcity of studies analyzing
the economic impact of implementing Right to Repair laws on various industries, including
electronics, automobiles and agriculture. The environmental implications of the Right to
Repair, such as reducing e-waste and promoting sustainability, have also been thoroughly
investigated in the Indian context. Furthermore, the intersection of intellectual property rights
and Right to Repair remains underexplored, especially concerning how these laws might affect
innovation and competition. Lastly, there is a need for comparative studies that examine the
successes and challenges of Right to Repair legislation in other countries, providing insights
that could inform policy making in India. These gaps suggest a pressing need for
multidisciplinary research to guide the development of effective Right to Repair policies in
India.

V. Objective of the study

The study of the right to repair in India is pivotal for advancing economic, environmental, and
consumer welfare. Supporting the Right to Repair can stimulate local innovation and skill
development as it encourages more local repair businesses and provide opportunities for
technical training. Understanding the right to repair also informs the development of policies
that balance manufacturer interests with consumer rights, aligning India with global trends and
fostering a more sustainable and equitable market. Right to Repair legislation helps to create
balanced policies that protect both consumer right and manufacturer interest. Major objectives
of the study can be listed as below:

1. To study the awareness and attitudes of Indian consumers towards the Right to Repair
and their willingness to engage in repair activities.

2. To give measure so that a balance b/w manufacturers interest and consumers' right can
be harmonise.

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 3. To study the existing legal framework in India concerning consumer right and
repairability and to identify the gaps that need to be addressed to implement a
comprehensive Right to Repair law.

4. To find out the importance of Right to Repair to reduce e-waste and increase sustainable
consumption.

5. To explore the challenges and drawbacks of the right to repair and to propose possible
recommendations for policy making and laws.

6. To compare India’s stance and progress on the Right to Repair with other countries.

VI. Research Questions

1. What are the benefits of the Right to Repair for consumers, manufactures and the
environment?

2. What are the existing legal frameworks or proposed laws and regulations regarding the
right to repair in India?

3. What are the legal challenges and drawbacks in implementing of the right to repair law
in India and how can they be addressed?

4. How will the Right to Repair related to other topics such as digital equity, sustainability
and consumer rights?

5. What are some of the current or proposed laws or regulations regarding the Right to
Repair in different countries or regions? What are the proposed recommendations for
policy interventions, consumer education campaigns, and industry initiatives to
enhance the right to repair and promote sustainable consumption habits in India?

VII. Hypothesis

Whether the existing laws are sufficient in sustainability of goods and consumers' right to repair
in India? What if the laws are molded to harmonize the balance between manufacturers’ interest
and consumers’ right? In doing so, will the right to repair will eliminate the monopoly of the
manufacturer and increase the interest of consumers’ right? After doing that weather the laws
on Right to Repair help to reduce the culture of planned obsolescence and unfair trade practices
by manufacturers or not?

VIII. Research Methodology

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The research study shall employee Doctrinal Research Methodology. However, when required,
some empirical research may also be used to accomplish the work.

The research shall be based on Analytical Descriptive and Non-empirical research. Research
here is based on provided laws under consumer protection laws, constitutional law, case laws,
case studies comprise of various statutes, books, articles, law journals, newspaper and other
materials. Also, the researcher had made extensive use of the library and also the interest
sources.

IX. Scope and Limitation of the Study

This study focuses on examining the legal, economic, and technological dimensions of the right
to repair in the Indian context, with comparative references to select international jurisdictions.
It aims to analyze the existing legal framework governing consumer rights and manufacturers'
obligations, particularly under Indian consumer protection, competition, and intellectual
property laws. The research will explore how a balance can be achieved between consumer
autonomy and the legitimate interests of manufacturers, including concerns related to safety,
innovation, and proprietary rights. Emphasis will be placed on electronic goods, automobiles,
and agricultural equipment. The study is limited to civil and regulatory aspects, excluding
criminal liability or purely technical engineering considerations. Empirical data, where used,
will be secondary in nature due to time and resource constraints. The scope does not extend to
jurisdictions outside India except for illustrative comparison. Judicial pronouncements and
legislative developments till date will also be examined.

X. Tentative Chapters

1. Introduction

This chapter will provide an overview of 'the Right to Repair in India' under sustainable
consumption of goods. This chapter will review the previous research paper, publication, and
other sources of information on the topic at hand, which will be first step in developing a
research plan.

1.2. Concept of Right to repair

This chapter will explain the concept of right to repair. This chapter will explain the
significance and essential ingredients of right to repair while safeguarding consumer's right.

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 1.3. Sustainability and e-waste management in the technology sector.

This chapter will explain the sustainably consumption of goods and laws and policies related
to e-waste management in India.

2. Balancing of manufacturers interest and consumers' right

This chapter will explain the interest of manufacturers and the rights of consumers relating to
repair and sustainable consumption of goods. And also suggest some measures which will
balance the interest and rights of manufacturers' and consumers' respectively.

3. Position of the laws of various countries on Right to Repair

This chapter will discover the different countries laws on the Right to Repair and acts that are
created to protect the rights of consumers.

4. Legal framework relating to right to repair in India

This chapter will discuss about the laws and rules and regulations of Right to Repair

5. Conclusion and Recommendations

An outline of the investigation will be presented in the conclusion. The research findings and
conclusions of the study will be summarized in this chapter. The chapter will also present some
potential recommendations on the findings.

XI. Bibliography

Statutes

1) Constitution of India, 1950.

2) Competition Act, 2002.

3) Consumer Protection Act, 2019.

4) Digital India Act, 2023.

5) Indian Patent Act, 1970.

6) Act, C. W. Clean Air Act (CAA). Coastal Zone Management Act, 1972. (United States)

Reports

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1) Productivity Commission of Australia, “Right to Repair: Overview and
Recommendations (Inquiry report, 29 October 2021) No. 97” (Ministry of Law,
Australia)

2) House of Commons, “Right to Repair Regulations”, (24 September 2021)

Books

1) Aaron Perzanowski, The Right to Repair: Reclaiming the Things We Own (Cambridge
University Press, 2021)

2) Karen White, The Right to Repair: Consumer Rights in the Digital Age (Barnes and
Noble, 2024)

3) Lafferty, W. M., & Devuyst, Local Agenda 21: The Pursuit of Sustainable Development
in Subnational Domains. (Columbia University Press, 2001)

Newspaper Articles

1) Kaleigh Rogers, “The 'Right to Repair' Movement is being led by Farmers” VICE News

(31 January 2017).

2) Paola Rosa, “Fix, or Toss? The Right to Repair Movement Gains Ground”, The New
York Times (17 November 2021)

Articles

1) Ankit, D. R. L. (2023). “Right to Repair: An Emerging Right Under Consumer

2) Arora, H. (2021). “Right to Repair vis-à-vis Indian trademark law: A comparative

3) Barros, M., & Dimla, E. (2023). “Smartphone repairability indexes in practice: Linking
repair scores to industrial design features”, Journal of Industrial Ecology, 27(3), 923-
936.

4) Bundgaard, A. M., & Huulgaard, R. D. (2023), “The role of standards in support of

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 5) Defra, U. K. (2005). “Securing the future: UK Government Sustainable Development
Strategy”, United Kingdom Department of the Environment, Food and Rural
Affairs, 40.

6) Glavič, P. (2021), “Evolution and current challenges of sustainable consumption and

7) James, T. C. (2004). “Copyright law of India and the academic community”. Retrieved
from [Link]
[Link]

8) Kapoor, B., & Tyagi, E. (2021). Atmanirbhar Bharat Abhiyan: An Initiative for Startups
Ventures. Contemporary Social Sciences, 35.

9) Marikyan, D., & Papagiannidis, S. (2023). Exercising the “Right to Repair”: A

10) Moore, D. (2018). You gotta fight for your right to repair: The Digital Millennium
Copyright Act's effect on right-to-repair legislation. Tex. A&M L. Rev., 6, 509.

11) Nansai, K., Kagawa, S., & Moriguchi, Y. (2007). Proposal of a simple indicator for
sustainable consumption: classifying goods and services into three types focusing on
their optimal consumption levels. Journal of Cleaner Production, 15(10), 879-885.

12) Nath, B. (2003). Education for sustainable development: The Johannesburg summit and
beyond. Environment, Development and Sustainability, 5(1), 231-254.

13) Roy, S. K., & Sen, N. (2023). Right to Repair: A Reflective Facet of Consumer
Justice. Studia Iuridica Lublinensia, 32(2), 11-34.

14) Sesini, G., Castiglioni, C., & Lozza, E. (2020), “New trends and patterns in sustainable
consumption: A systematic review and research agenda”, Sustainability, 12(15), 5935.

15) Subramanya, T. R., & Saroj, N. (2023), “ Is Right to Repair One's Own Good a
Consumer Right? An Analysis of the Changing Dimensions of Consumer Rights in
India”, IJCLP, 11, 182.

16) Thomas, Z. (2012). Overview of changes to the Indian Copyright Law.

17) Zongwe, D. P., Mahantesh, G. S., & Mamatha, R. (2023), “The Economics of Repair:
Fixing Planned Obsolescence by Activating the Right to Repair in India”, IJCLP, 11,
97.

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