The Delhi High Court issued a notice on public interest litigation (PIL) on Friday, requiring the Ministry of Electronics and Information Technology to take appropriate measures to prohibit, suspend and regulate the sale of Shein brand products through Amazon.in.
The PIL proposed by Ananttika Singh sought instructions from the Indian Alliance to appoint a third-party committee at the expense of Amazon.in to audit the data flow of Indian consumers to Shein.
On Friday, Justice DN Patel and Justice Jyoti Singh (Jyoti Singh) refused to make any temporary stay while seeking a response from the Indian Alliance and the defendant Amazon, and the matter was scheduled for August.
The petition filed through Advocates Preet Singh Oberoi and Amer Vaid also seeks the court to instruct Amazon to partially suspend all partnerships with Shein until Amazon has assured the Indian government that it will not share any data with Shein in any form to satisfy the Ministry of Information.
Vivek Raj Singh, a senior lawyer who appeared in court for the petitioner, filed a notice dated June 29, 2020. The ministry temporarily banned applications and platforms operated, owned and controlled by the Shein brand in India.
Singh stated that the premise of the temporary injunction is the undisputed discovery that the use of Indian customer data collected by Shein harms India’s interests and sovereignty.
He further argued that in January 2021, according to Article 69A of the Information Technology Act of 2000, read together with the Information Technology (Procedures and Safeguards for Preventing Public Access to Information) Rules 2009, the Ministry permanently prohibited Shein The mobile app/platform operates in India. Therefore, it is an indisputable fact that India bans the operation of the Shein brand and its products.
However, Amazon.in promoted the Prime Sale planned to be held on its platform on July 12, 2021. Amazon.in clearly advertises that Shein’s products will be available on its website as part of the sale.
The complaint alleges that the petitioner asked the court to intervene in the matter, claiming that if Shein is not prohibited from selling its products through “preliminary sales” on Amazon.in, this may seriously damage the integrity and sovereignty of the country.
Amid the tension on the border between the two countries, the Chinese clothing brand Shein is one of the apps that the Indian government and other Chinese apps have been banned.