Title: Bridging the Nexus Between Consumer Rights and Human Rights in the Digital Era
Presented by: Ashi Singhal
IMS Unison University
Honourable Chairperson, Distinguished Guests, Respected Scholars, Ladies and
Gentlemen,
Good morning to all of you.
I stand before you today to discuss a subject that is both crucial and urgent — a phenomenon that
has quietly woven itself into the fabric of our daily lives, changing the way we shop, interact, and
even think. The title of my research is “Exploitation by Intermediary Platforms in Today’s
Digital Era: Bridging the Nexus Between Consumer Rights and Human Rights.”
Let me begin with a simple observation:
We live in an age of extraordinary convenience. With just a few taps on our smartphones, we
can order groceries, clothes, electronics, food, and even financial services. Intermediary
platforms such as Amazon, Flipkart, Swiggy, Zomato, Zepto, Nykaa, and many others have
revolutionized the retail ecosystem and how we interact with it.
But while these platforms have made life easier, they have also raised serious ethical, economic,
and legal concerns. These concerns, which often go unnoticed, form the crux of my research.
What are Intermediary Platforms?
To begin with, let us understand what we mean by “intermediary platforms.” These are digital
entities that act as middlemen between producers and consumers. They do not own the
products or services but provide a platform where businesses and customers can connect.
Examples include e-commerce platforms (Amazon, Flipkart), food aggregators (Zomato,
Swiggy), delivery platforms (Blinkit, Zepto), and marketplaces for various services.
While their role may seem neutral, in reality, these platforms exercise enormous control over
pricing, product visibility, algorithms, and consumer data. This concentration of power raises a
vital question:
Are we as consumers truly in control of our choices, or are we being manipulated by
invisible digital forces?
The Illusion of Convenience and the Cost of Exploitation
Let’s take a deeper look.
Yes, intermediary platforms bring convenience. But in the pursuit of speed and accessibility, we
are unknowingly surrendering our personal freedoms, privacy, and even economic autonomy.
We often don’t realize that:
• These platforms track our location, record browsing behavior, and profile our
preferences.
• They ask for unnecessary permissions: access to our contacts, gallery,
microphone, and more.
• Algorithms are designed not for transparency, but for profit maximization, often
through price manipulation or surge pricing.
• And perhaps most critically, they pose a threat to local economies, wiping out
small retailers and kirana store owners who simply cannot compete with the scale,
speed, or predatory pricing.
This, my friends, is not just a consumer issue — it is a human rights issue.
Consumer Rights as Human Rights: A Critical Nexus
Traditionally, Consumer Rights are seen as individual entitlements — the right to be informed,
the right to choose, the right to safety, and so on. Meanwhile, Human Rights are perceived as
broader, moral, and constitutional rights — the right to privacy, dignity, freedom of choice, and
equality.
But today, these two realms are intertwined like never before.
When a platform harvests personal data without informed consent, it violates the Right to
Privacy, recognized under Article 21 of the Constitution of India.
When monopolistic pricing excludes people from accessing essential goods or services, it
challenges the Right to Equality and Economic Justice.
When consumer data is sold, leaked, or misused, it puts the Right to Safety and Dignity at risk.
Hence, we must recognize that Consumer Rights are not subordinate to Human Rights —
they are an essential part of them.
Legal and Regulatory Framework: Where We Stand
India has made significant strides in legislating consumer and data protection:
• Consumer Protection Act, 2019 – strengthened grievance redressal mechanisms.
• Information Technology Act, 2000 – provided the initial structure for digital
transactions.
• Digital Personal Data Protection Act, 2023 – aims to safeguard individual data and
enforce informed consent.
• IT Rules, 2021 – focus on due diligence, content regulation, and platform
responsibility.
• Legal Metrology Rules – ensure transparent pricing and standardization.
Additionally, India is a signatory to UNCTAD Guidelines on Consumer Protection, which
emphasize fairness, access to information, and redressal in digital marketplaces.
Despite this robust legal architecture, challenges persist — especially in implementation,
accountability, and awareness. Regulatory authorities often struggle to keep pace with the
rapid evolution of digital markets and their tactics.
Case Studies and Real-World Impacts
Consider this — Amazon Pay Later enables users to buy now and pay later. While it sounds
appealing, it creates a culture of digital debt, especially among youth who are not financially
literate.
JioMart’s Quick Delivery promises groceries in 10 minutes — but at what cost? The collapse
of small businesses, casualization of labor, and the rise of “gig” workers with little protection or
job security.
These examples illustrate how intermediary platforms thrive on asymmetric power — and
consumers, especially vulnerable ones, bear the brunt.
Conclusion: What Needs to Be Done?
It is high time we:
• Reframe Consumer Rights as Human Rights in all policy, judicial, and academic
discourse.
• Strengthen data protection mechanisms and ensure platform transparency.
• Ensure fair competition to protect small businesses from digital monopolies.
• Promote digital literacy so that consumers understand the implications of their
choices.
• Advocate for a global regulatory framework that holds platforms accountable
beyond borders.
To quote Benjamin Franklin, “Those who give up essential liberty for temporary convenience
deserve neither liberty nor convenience.”
Let us not give up our rights for the illusion of convenience. Let us demand a digital future that is
ethical, inclusive, and just.
Thank you for your time and attention. I look forward to a constructive discussion.