ANTI TOBACCO LAW

1. ANTI TOBACCO LAWS
BY
Prof.M.K.MATOLLI MA, LL.M.

2. INTRODUCTION
• Problem of addiction and law.
• Natural law theory and addictions.
• Economics of tobacco .
• Ayurveda and certain smokes.

3. 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.

4. CBA OF TOBACCO INDUSTRY

5. SPHERE OF ATNTI TOBACCO
LAWS
• Acts and their Amendments.
• Executive Orders.
• Supreme Court Judgements.
• Codes of conduct.
• Taxation.

6. 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

7. 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.

8. EXECUTIVE ORDERS OF
GOVERNMENT
1)The Prevention of Food Adulteration Act, 1955, treated chewable forms of
tobacco, such as zarda as a food item.
2) The act clearly stated that every package of chewing tobacco shall bear
the following label, namely,”chewing of tobacco is injurious to health.'"
3) 1991 Amendment to the Cinematograph Act, 1952, to ban scenes that
endorse 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 toothpowders
containing tobacco was banned.
5) In September 2000, amendments to the Cable Television Networks
(Regulation) Act, 1994, banned any direct or indirect advertisements related
to the use or trade of tobacco on cable television, and introduced penalties
of imprisonment or fines for offenders.

9. OTHER MEASURES
-On October 2, 2008, to commemorate
Mahatma Gandhi's birthday, the government
imposed a ban on smoking in public places,
offices, restaurants, bars, and open streets.
This was a gesture to protect the rights of the
nonsmokers and safeguard them from
passive smoking. A fine of 200 rupees
(US$4.50) was imposed for contravening this
regulation.

10. 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.

11. SOME MYTHS ABOUT TOBACCO
1.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-smokers
9. Advertising does not increase tobacco consumption

12. “LET US NOT
BE ASHY”
THANK YOU