What is ‘Right to Repair’, touted to empower consumers?

Right to Repair (RTR), which allows customers to repair electronics on their own, instead of depending upon the manufacturers, has picked up momentum in India. The Department of Consumer Affairs has set up a committee to develop a comprehensive framework for the RTR in the country. The sectors identified during the first committee meeting include Farming Equipment, Mobile Phones/ Tablets, Consumer Durables and Automobiles/Automobile Equipment. This comes a month after Prime Minister Narendra Modi launched the LiFE movement (Lifestyle for Environment), which is a concept of reusing and recycling consumer products.

The Manufacturer’s Association of Information Technology (MAIT) estimates the electronic repairs market to generate revenues of $20 billion per annum in the next four years starting 2025 onwards. The repair market in India however is dominated by the unorganised sector with limited to no transparency on sourcing and supply chain of spares. The RTR policy once enacted, will be a shot in the arm for the organised repair sector which stands at a nascent stage today.

Globally, the RTR has already forced tech giants such as Microsoft and Apple, which resisted this for long, to embrace the movement. In July last year, the American President’s executive order urged the Federal Trade Commission to look at unfair practices that stifle competition with regard to third-party and self-repairs. The UK too has also passed a law that requires all electronic appliance manufacturers to provide consumers with spare parts for getting the repair done either by themselves or by the local repair shops. Furthermore, the European Union passed a legislation that requires manufacturers to supply parts of products to professional repairmen for a time of 10 years.

According to the Ministry of Consumer Affairs, Food & Public Distribution, the aim of developing a framework for RTR in India is to empower consumers and product buyers in the local market, harmonise trade between the original equipment manufacturers and third-party buyers and sellers, emphasise on developing sustainable consumption of products, and reduction in e-waste. Once it is rolled out in India, it will become a game-changer both for the sustainability of the products as well as serve as a catalyst for employment generation through Aatmanirbhar Bharat by allowing third-party repairs.

The pertinent issues highlighted during the meeting weren’t any different from the findings on this subject globally. This includes companies avoiding publication of manuals to help users make repairs easily. Manufacturers have proprietary control over spare parts (regarding the kind of design they use for screws and others). Monopoly on repair processes infringes the customer's “right to choose”. Digital warranty cards, for instance, ensure that by getting a product from a “non-recognised” outfit, a customer loses the right to claim a warranty. Controversy Surrounding Digital Rights Management (DRM) and Technological Protection Measure (TPM), DRM is a great relief for copyright holders. Manufacturers are encouraging a culture of ‘planned obsolescence. This is a system whereby the design of any gadget is such that it lasts a particular time only and after that particular period it has to be mandatorily replaced. When contracts fail to cede full control to the buyer, the legal rights of owners are damaged. 

The committee acknowledged that tech companies should provide complete knowledge and access to manuals, schematics, and software updates and to which the software license shouldn’t limit the transparency of the product in sale.  The parts and tools to service devices, including diagnostic tools should be made available to third parties, including individuals so that the product can be repaired if there are minor glitches. 

Prabhu Ram, Head of Industry Intelligence Group (IIG), CyberMedia Research (CMR) told Business Today, “The ‘RTR’ is no longer a rallying call that brings together a few tech-aware consumers, but rather an inevitable move towards ensuring sustainability. India’s move to create a comprehensive ‘RTR’ framework is a timely move. It will unlock legal/technical restrictions, and enable repair centres, new entrepreneurs, and consumers to repair devices that consumers own, in a timely, safe and cost-effective manner.”

For all intents and purposes, the RTR committee findings read like a step in the right direction, but it has a long way to go. The hurdles that the aftermarket repair industry will have to overcome in its journey stretch from the availability of genuine aftermarket spares to the prices determined by the duties and taxes levied on their imports.

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