- October 29, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
Tamil Nadu government’s argument against tobacco anchored around Article 47 is like devil quoting scripture: Madras High Court.
- Madras High Court quashed the orders passed by the TN authorities under Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 and the article 47.
- State argument-raw tobacco leaves had been subjected to the manufacturing process.
- Removing dust and sand, spraying the tobacco leaves with jaggery water and cutting them into small pieces involves an element of manufacture.
- In this case, test reports have indicated that nicotine is present in the sample
- Court– Companies dealing only with unmanufactured tobacco and not mixing the same in any food product.
- Sprinkling of jaggery water, there has been no change in the nicotine content.
- Jaggery water is sprayed only to ensure that the leaf does not turn brittle, and the nicotine content in the tobacco remains the same before and after the liquoring process.
- The State has not prohibited the cultivation of tobacco as it has done in the case of Ganja.
Measures towards tobacco control in India:
- India adopted the tobacco control provisions under WHO Framework Convention on Tobacco Control (WHO FCTC).
- Cigarettes and Other Tobacco Products Act (COTPA), 2003:
- It replaced the Cigarettes Act of 1975 (largely limited to statutory warnings- ‘Cigarette Smoking is Injurious to Health’ to be displayed on cigarette packs and advertisements. It did not include non-cigarettes).
- The 2003 Act also included cigars, bidis, cheroots, pipe tobacco, hookah, chewing tobacco, pan masala, and gutka.
- Promulgation of the Prohibition of Electronic Cigarettes Ordinance, 2019: Which prohibits Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement of e-Cigarettes.
- National Tobacco Quitline Services (NTQLS): Tobacco Quitline Services have the potential to reach a large number of tobacco users with the sole objective to provide telephone-based information, advice, support, and referrals for tobacco cessation.
- mCessation Programme: It is an initiative using mobile technology for tobacco cessation.India launched mCessation using text messages in 2016 as part of the government’s Digital India initiative.
- National Tobacco Control Programme (NTCP) – Government of India launched the National Tobacco Control Programme (NTCP) in the year 2007-08 during the 11th Five-Year-Plan, with the aim to
(i) create awareness about the harmful effects of tobacco consumption,
(ii) reduce the production and supply of tobacco products,
(iii) ensure effective implementation of the provisions under “The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” (COTPA)
(iv) help the people quit tobacco use, and
(v) facilitate implementation of strategies for prevention and control of tobacco advocated by WHO Framework Convention of Tobacco Control.
- National Health Policy 2017: It has set an ambitious target of reducing tobacco use by 30% by 2025.
- WHO Framework Convention on Tobacco Control
- Governments adopt and implement the tobacco control provisions of the WHO Framework Convention on Tobacco Control (WHO FCTC).
- It is the first international treaty negotiated under the auspices of the WHO.
- It was adopted by the World Health Assembly (apex decision making body of WHO) on 21st May 2003 and entered into force on 27th February 2005.
- It was developed in response to the globalization of the tobacco epidemic and is an evidence-based treaty that reaffirms the right of all people to the highest standard of health.
- The FCTC’s measures to combat tobacco use include:
- Price and tax measures.
- Large, graphic warnings on tobacco packages.
- 100% smoke-free public spaces.
- A ban on tobacco marketing.
- Support for smokers who want to quit.
- Prevention of tobacco industry interference.
- Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 Regulation mandates that tobacco and nicotine shall not be used as ingredients in any food products
Status of tobacco:
- Since 1947, the Indian government has supported growth in the tobacco industry. India has seven tobacco research centers that are located in: Jeelugumilli, A.P., Kandukuru, A.P., Guntur, A.P., Kalavacherla, A.P., Hunsur, Karnataka, Vedasandur, Tamil Nadu, Dinhata, West Bengal; and Rajamundry houses the core research institute.
- The government has set up Tobacco Board Guntur which works to increase production, sale and exports of Indian tobacco.
- The Central Tobacco Research Institute works under the aegis of the Indian Council of Agricultural Research.
- India is the 2nd largest producer and exporter (in quantity terms) after China and Brazil, respectively.