Delhi HC asks Centre to respond to toy traders' plea on licensing norms

New Delhi [India], February 9 : The Delhi High Court on Monday sought a response from the Centre on a plea of toy traders association challenging a notification related to categorising the non-electric toys and electric toys and calling the manufacturers for applying for a license.
A bench of Justice DN Patel and Justice Jyoti Singh on Monday issued a notice to the Union Ministry of Commerce and Industry and Bureau of Indian Standards (BIS) and slated the matter for March 19.
"The said notification provided that the various category of toys specified shall confirm to the standards mentioned in the corresponding table and shall bear the standard mark under a license from the BSI," the petition said.
Petitioner, Forever Toy Traders Association, through advocate Rajinder Mathur claimed that toy manufacturers were unable to comply with the Centre's order due to the pandemic.
"The government of India and the National Disaster Management Authority (NDMA) declared pandemic due to spread of COVID-19 in the country and a nationwide lockdown was imposed. Domestic manufacturers have not had a chance to obtain licenses in compliance with the Impugned Orders. Foreign manufacturers have been similarly unable to obtain the requisite licenses due to lockdowns/travel restrictions in other countries as well," the plea said.
"Travel disruptions since February-March would have prevented BIS inspectors from inspecting sites over the last six months. It is uncertain when domestic and global travel restrictions will ease sufficiently to permit factory visits by BIS inspectors, and till then it will not be possible for its manufacturers to obtain the requisite license," it added.
It stated that the implementation of the said notification will cause the complete shut-down of toy manufacturing in India.
Petitioner association also claimed that they have written a letter to Piyush Goyal, Minister of Commerce and Industry and raised their objections and concerns to the Toys (Quality Control) Order, 2020, but the said letter was not even replied to.
"The gazette order/notification is bad in law and is liable to be quashed by the court. If the said notification is not set aside and/or deferred, there will be a scarcity of toys in India. This will also affect the livelihood of traders, shopkeepers, whole-sellers, commission agent, distributors, and their employees. Indian manufacturers will not be able to fulfil the overwhelming demand for toys and the stock of toys will be exhausted. This will impact the whole of India, employees will work less and lose their jobs, trade fraternity will lose their livelihood," the plea added.