What it means to classify objects as ‘Essential Commodities’ under the Law?

The Government of India recently took an epoch-making decision by classifying Hand Sanitizers and Face Masks as an ‘Essential Commodity’ under the Essential Commodities Act, of 1955.  The move has received wide lauding and was welcomed graciously by the country, as it will now enable the Government to regulate the production, quality and distribution of masks (2-ply and 3-ply surgical masks, N95 masks) and sanitisers. The decision was taken after the recent outbreak of COVID-19 (Coronavirus) in the subcontinent. 

What are Essential Commodities?

In the general sense, an ‘Essential Commodity’ is all those items which are important for the sustenance of human life and community. These commodities are very basic for the survival and protection of human life. For instance, items like food, clothing and shelter etc. may be treated as an essential commodities. 

In this regard, The Essential Commodities Act, of 1955, gives an all-inclusive definition which "means and includes any commodity in the list provided in the schedule to Section 2(a)” 

The present list in the Schedule to Section 2(a) includes the following items viz., Drugs (‘drugs’ include those items as defined under clause (b) of section 3 of the Drugs and Cosmetics Act, 1940)) fertilizer, foodstuffs, petroleum and petroleum products, raw jute and jute textiles, etc. The purpose behind the formulation of The Essential Commodities Act is to ensure that the delivery of these ‘essential commodities’ or products, does not get restricted owing to hoarding or black-marketing, as it would affect the normal life of people.

Who can declare an ‘Essential Commodity’?

Under Section 2A of the Essential Commodities Act, the Central Government is empowered to declare a commodity as an ‘essential commodity’ in the public interest, in consultation with the State Government. The Government is also empowered to ‘add or remove’ any commodity from the said Schedule of items. The Government also has the power to control the production, supply, distribution, etc., of such essential commodities. Moreover, under section 5 of the Act, it is also empowered to delegate its powers to the State Government.

Role of the Essential Commodities Act: The Essential Commodities Act, 1955 is an act established by the Parliament of India. The preamble of this Act states that the Act aims to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. However, It has been amended from time to time to make it effective against the evils of black marketing and profiteering in Essential Commodities. The Act provides for confiscating essential commodities, penalties, Special provisions regarding fines, etc. as well.

Confiscation of Essential Commodities: Sections 6-A to 6-C of the Act provides for the confiscation of the property of any trader who has committed an offence in respect of items classified as essential commodities. For this, the Collectors and Joint Collectors are empowered to make such confiscation u/s. 6-A of the Essential Commodities Act, if he is satisfied that there has been a contravention of any order issued by the central or State Government u/s. 3 of the Act.

Penalties: The Act also provides for penalties in case of contravention of the provisions of this Act. Under section 7, it is declared that, if any person contravenes any order he may be liable for a maximum sentence of imprisonment which may extend to 7 years and a minimum of 3 months imprisonment. For habitual offenders, a minimum of 6 months imprisonment may be awarded. Also, u/s 10-A of the Act, every offence under this Act shall be a cognizable offence.

What is a Zero FIR?

The country witnessed another Black day when A 26-year-old veterinary doctor was raped and burned to death by four men at Hyderabad’s Shadnagar. The alleged rape of the victim has yet again raised eyebrows about the safety of women in our country. The aftermath of the events has also showcased serious flaws within our police system. Reports alleged that the police delayed in registration of F.I.R. over jurisdiction issues. According to an official circular released by the Cyberabad Police Commissioner, three officers have been found guilty of “dereliction of duty” and all the officers were also instructed to implement the Zero F.I.R. policy strictly.

What is a Zero F.I.R.?

‘Zero F.I.R.’ is a document that can be registered at any police station, in cases of any cognizable offences, irrespective of its jurisdiction.

As per the rule, an F.I.R. (First Information Report) is to be filed by a complainant, at any police station having territorial jurisdiction over the matter. Following this, the F.I.R. receives a unique serial number pertaining to it. 

However, in the case of Zero F.I.R., the complainant may approach any police station, following which the police have to register the F.I.R. but no serial number is given to it. Such an F.I.R. shall then be forwarded to the correct police station where after, a unique serial number shall be given to it, and the necessary proceedings shall be initiated.

The provision regarding Zero F.I.R. was brought forth by the recommendation of the Justice Verma Committee Report, which sought many new changes in the criminal law of the country after the horrific 2012 Nirbhaya Rape Case.

“In addition to every individual being able to register an F.I.R. at any police station irrespective of the jurisdiction in which the crime was complained of in writing, every individual must also be able to register his complaint online on a designated website. After this, a complaint number should be automatically generated so the complainant can track the F.I.R.

The same complaint would then be generated at the nearest police station and a copy would also be provided to an ombudsman office located in every district. It will still be the case that an F.I.R. cannot be registered anonymously and the individual who has registered an F.I.R. online will then have to go to any police station to verify his identity and the F.I.R.”  (Fragments from the report)

The committee also pressed upon the importance of registration of F.I.R. through Online media and suggested that a model be developed in this regard throughout the country.

Section 166A of the Indian Penal Code-

Every now and then the courts have come down heavily upon the police personnel that have been negligent in registering F.I.R. and taken stringent actions against them. However, In case of failure to register F.I.R. by a policeman, he shall be eligible for imprisonment under section 166 A of the IPC.

As per section 166 A, a public servant cannot refuse to record any information that shall be provided to him under section 154(1) of The Code of Criminal Procedure, 1973, in relation to any cognizable offence which is punishable under sections 326A, 326, 354, 354B, 370, 370 A, 376, 376 A, 376 B, 376 C, 376 D, 376 E, or section 509.

Although much recourse has been provided through the various laws, much still remains to be done. The current law is not foolproof but it is necessary to know them so that our great nation does not see another victim.

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