NLSIU report wants designated smoking areas scrapped & strictures on tobacco ads
BENGALURU:
A report by the premier National Law School of India University (NLSIU) on the harmful effects of tobacco consumption on individuals and on the public health of the country has proposed radical changes in COTPA, the nearly two decade-old tobacco control law, including raising the legal age of smoking from 18 to 21 years and scrapping the provision for designated smoking area in public spaces.
The report, titled ‘Tobacco Control Law in India – Origins and Proposed Reforms’, was submitted to the Union Ministry of Health and Family Welfare on Tuesday.
It notes, among other things, that smoking areas are allowed in restaurants, hotels and airports despite a ban on smoking in public places; that tobacco advertisements and products are prominently displayed in stores and kiosks despite a ban on such advertising; that the existing penalties under COTPA 2003 are not sufficient, and that emission yields mentioned on cigarette packets are understated.
Lacunae in law
The objective of the report is to analyse the gaps in the existing law — Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA). The report has proposed reforms which are in consonance with the recommendations of parliamentary committees, best practices adopted by other countries and WHO guidelines on tobacco control.
Speaking on the occasion, Prof (Dr) Sudhir Krishnaswamy, Vice-Chancellor, NLSIU, said, “The report recommends legislative reforms based on the global public health treaty, FCTC, to which India is a signatory, as well as on best practices adopted by other countries. We hope that the government will consider these recommendations while proposing a comprehensive COTPA amendment bill.”
The NLSIU report’s recommendations include prohibiting all point of sale advertising and tobacco product displays in stores and kiosks. banning digital advertising and tobacco company sponsorhips, prohibiting the sale of single sticks, loose tobacco or smaller packs, and increasing the penalties for violations.
Amend law immediately: Ex-CJI
Speaking on the issue, former Chief Justice of India MN Venkatachaliah said, “Medical science clearly recognizes tobacco as the single most significant cause of mortality and morbidity across the globe. The recommendations of the NLSIU report need to be implemented by the Ministry of Health and Family Welfare immediately by amending COTPA 2003.”
Dr Vishal Rao, renowned oncologist and member of the state goverment’s high-power committee on tobacco control, said, “It is critical to strengthen the country’s tobacco control law to galvanize the ongoing efforts to check the tobacco epidemic in India, especially during these challenging times.”
Morbid statistics
India has the second largest number of tobacco users (268 million or 28.6% of all adults) in the world. At least 1.2 million die every year from tobacco-related diseases, of which one million deaths are due to smoking, 200,000 due to second-hand smoke exposure, and over 35,000 due to the use of smokeless tobacco. Nearly 27% of all cancers in India are due to tobacco usage. The total direct and indirect cost of diseases attributable to tobacco use is estimated at a staggering Rs 1,82,000 crore, which is nearly 1.8% of India’s GDP.
