Delhi HC issues notice in plea against selling of Shein Products on Amazon

The Delhi High Court today issued notice in a plea seeking direction to the Ministry of Electronics & Information Technology to take appropriate steps to ban/suspend/regulate the selling of products by a brand “Shein” on Amazon.

The matter was being heard by the division bench of Chief Justice DN Patel and Justice Jyoti Singh.

The petition filed by Anantika Singh through Advocates Preet Singh Oberoi and Amar Vaid has submitted that Vide Notification dated June 26, 2020, the application and platform operated, owned and controlled by the brand name “Shein” was temporarily banned in India by the Ministry. The temporary ban was premised on the undisputed finding, that the data collected by “Shein” of its Indian customers was being used in a manner which was prejudicial to the interest and sovereignty of India.

Subsequently, in January, 2021 in pursuance of Section 69 A of the Act r/w the Information Technology (Procedure and Safeguards for Blocking of access of Information by Public) Rules 2009, the Ministry permanently banned the “Shein” mobile application/platform from operating in India. Therefore, it is an undisputed fact that the operation of the “Shein” brand and its products was banned in India.

The petitioner has submitted that however on  July 12, 2021 Amazon.in  advertised about its ‘prime sale’ scheduled to be held on its platform. It was categorically advertised  that products of the “Shein” would be available on its website as part of the sale.

The petitioners further pointed out that a representation was made before the concerned authorities highlighting the issue, however the concerned authorities whilst taking cognisance of the same, had failed to take appropriate steps in order to ban/suspend/regulate the entry of “Shein” into the Indian digital marketplace.

it has been submitted that "in the event that “Shein” is not prohibited from selling its products via the “prima sale” on Amazon.in, it could severely impinge on the integrity and sovereignty of this nation."

The Petitioner has thus prayed that any flow of data from citizens of India who purchase “Shein” products on Amazon.in must be supervised by a committee appointed by the Government.

Case Title: Anantika Singh Vs Amazon India Pvt Ltd and Anr