ANTI TOBACCO LAWS BY Prof.M.K.MATOLLI MA, LL.M.
INTRODUCTION• Problem of addiction and law.• Natural law theory and addictions.• Economics of tobacco .• Ayurveda and certain smokes.
EXTENT OF TOBACCO MENACE• 16 % of the smokers live in India.• Every day 2500 tobacco caused deaths.• 2020 Estimation is that 13 % of all deaths will be due to tobacco. Tobacco use prevalence : 51.3% males & 10.3% females (1995 -1996) and 46.5% males and 13.8% females (1998 -1999) National Sample Survey 52nd Round and National Family Health Survey-2 55.8% of males currently use tobacco (12 - 60 years of age) National Household Survey of Drug and Alcohol Abuse, 2002 Tobacco use prevalence among males is higher compared to females and among older age groups compared to the younger age groups. The prevalence of tobacco use is higher in rural population compared to that in urban areas. India has a huge problem of widespread smokeless tobacco use among women, particularly among disadvantaged women. The prevalence of tobacco use in pregnant women is similar to that in non-pregnant women of the same age.
SPHERE OF ATNTI TOBACCO LAWS• Acts and their Amendments.• Executive Orders.• Supreme Court Judgements.• Codes of conduct.• Taxation.
The Cigarettes (Regulation of Production, Supply, and Distribution) Act, 1975-The Act, required the display of statutory health warnings on advertisements, cartons, and cigarette packages.-The Act set penalties, including the confiscation of tobacco in the event of its provisions being breached.-But the Act did not include noncigarette tobacco products, such as beedis, gutka, cigars, and cheroots.-The Act supported and favored tobacco production and trade because tobacco was considered a major source of public revenue
The Cigarettes and Other Tobacco Products(Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003• The Centre to enact and regulate on non- cigarette production and use of tobacco• It made pictorial depictions of health warnings mandatory and required nicotine and tar contents and their maximum permissible limits to be printed on cartons and packages of all tobacco products.• Sale of tobacco products must be banned within 500 yards (457.2 m) of educational institutions.
EXECUTIVE ORDERS OF GOVERNMENT1)The Prevention of Food Adulteration Act, 1955, treated chewable forms oftobacco, such as zarda as a food item.2) The act clearly stated that every package of chewing tobacco shall bearthe following label, namely,”chewing of tobacco is injurious to health."3) 1991 Amendment to the Cinematograph Act, 1952, to ban scenes thatendorse or promote the consumption of tobacco in any form.4) 1992, Central Government Amended to the Drugs and Cosmetics Act,1940, whereby the manufacture and use of toothpastes and toothpowderscontaining tobacco was banned.5) In September 2000, amendments to the Cable Television Networks(Regulation) Act, 1994, banned any direct or indirect advertisements relatedto the use or trade of tobacco on cable television, and introduced penaltiesof imprisonment or fines for offenders.
OTHER MEASURES-On October 2, 2008, to commemorateMahatma Gandhis birthday, the governmentimposed a ban on smoking in public places,offices, restaurants, bars, and open streets.This was a gesture to protect the rights of thenonsmokers and safeguard them frompassive smoking. A fine of 200 rupees(US$4.50) was imposed for contravening thisregulation.
TAXATION AND TOBACCO• Excise duty.• The tobacco industry in India is subject to a range of taxes imposed by the Central and State Governments.• Taxation on cigarettes accounts for around 55% of the average price of a packet of 20 cigarettes• Excise duty generated by tobacco products was around US$ 1424 million in 1998; nearly 82% of that amount came from the sale of cigarettes.• There is minimal contribution of the unorganized sector to excise revenue. Bidis, in particular, have a far lower excise tax than cigarettes. Furthermore, the Indian Government has limited ability to collect excise from the unorganized sector as it consists of scores of small producers.
SOME MYTHS ABOUT TOBACCO1.The assertion that the tobacco industry generates substantial employment, output and income.2.If smokers ceased smoking they would not spend the money elsewhere;3.The resources used in the tobacco industry have no alternative uses.4.Smokers pay their way.5.Regressive effect of excise on tobacco.6. Tobacco tax revenues exceed smoking-related public health expenditure costs.7.Balance of payment argument.8. The lifetime health costs of smokers are no greater than those of non-smokers9. Advertising does not increase tobacco consumption