Introduction

Tobacco widespread is one of the greatest public health subjects. Tobacco is the root cause of many human and economic tragedies. Tobacco kills more than 8 million people each year. More than 7 millions of those deaths are the result of direct tobacco use while around 1.2 million are the result of non-smokers being exposed to second-hand smoke (Second hand smoke also is smoke that has been exhaled, or breathed out, by the person smoking).

In India around 275 million adults consume tobacco. However, it can be prevented. Many studies have shown that when a consumer becomes conscious of the risks associated with tobacco use, they want to quit. However, only 4% of them are successful in quitting smoking.

Tobacco Control Laws in India

The primary law governing tobacco policies is The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003. The Act discourages the utilization of tobacco products for protecting people from risking their health. The Act repealed “The Cigarettes (Regulation of Production, Supply, and Distribution) Act, 1975.”

The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003 deals with tobacco, consumption of such products, rules of its use in public and private places, advertisement, promotion, endorsement, the minimum age requirement for purchasing such products, labelling of products, penalties, etc. However, the Act does not apply to exported tobacco products.

According to The Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, tobacco and nicotine cannot be utilized as an ingredient in any cuisine to ensure food safety and standards.

According to section 77 of The Juvenile Justice (Care and Protection of Children) Act, 2015, if any person gives a child any intoxicating substance, he can be punished with rigorous imprisonment for a term, not more than seven years, and a fine up to 1, 00,000.

Key Provisions of the Act

• The act forbids the smoking of tobacco in public places. However, it is permitted in hotels, restaurants, airports, etc. only if there is a special area for smoking. Open spaces are defined as any place accessible by the public, such as public transport, courts, library, education institutions, etc.
• The executive/supervisor of a public area needs to put signboards saying “No smoking area/ smoking here is an offense” or any such board at any conspicuous or noticeable place.
• Advertising tobacco products are prohibited by The Cable Television Networks (Amendment) Act, 2000. No person is allowed to sell material advertising tobacco, and no mode of publication shall be given for the promotion of such products. However, its advertisement is permitted with some restrictions on the packaging of tobacco products and places where it has been selling.
• Tobacco products can only be sold to a person who is above 18 years of age. It cannot be sold in educational institutions such as schools and colleges. Trading such products within 200 yards of such institutes is forbidden by the Act.
• The tobacco product packaging must be imprinted with pictures depicting its nicotine and tar contents and risks linked with its use. “Smoking Kills” and “Tobacco causes mouth cancer”– these two statements must be written on cigarette packets in hope that these advertising schemes would help in discouraging its consumption.
• Signboards saying “Tobacco causes Cancer” and “Sales of tobacco products to a person under the age of 18 years is a punishable offense under the law”, or such other boards must be displayed at places where tobacco products are sold.
• The Act gives police powers for searching and seizing any place where tobacco products are manufactured, hoarded, etc. if any provision(s) of the Act is not complied with. The police officer should not be below the sub-inspector rank or any officer of state food or drug administration or any other officer.

Penalties

Production or manufacturing of tobacco products without complying with packaging guidelines

• The first conviction is punishable with imprisonment up to 2 years, or a fine extending to 5000 rupees, or both.
• A subsequent conviction is punishable with imprisonment up to 5 years or a fine extending up to 10,000 rupees.
• Smoking at a public place-fine up to 200 rupees
• Selling to minors (below 18 years)- fine up to 200 rupees
• Selling tobacco products within a radius of 100 meters of some educational institute- fine up to 200 rupees
• Advertising products
• The first conviction is punishable imprisonment up to 2 years or a fine extending up to 1000 rupees or both
• A subsequent conviction is punishable with imprisonment up to 5 years or a fine extending to 5000 rupees

NTCP (National Tobacco Control Programme)

NTCP was formed on the same lines as COTPA and it focuses on controlling tobacco production and use.it was launched in 2007-2008. It is under implementation in 21 states and union territories. Presently, NTCP covers 42 districts.

NTCP functions through a 3-tier system-

1. National Tobacco Control Cell (NTCC) at Central level
2. State Tobacco Control Cell (STCC) at State level
3. District Tobacco Control Cell (DTCC) at District level

NCTP conducts public awareness campaigns at the national level to provide knowledge regarding the risks of using tobacco products. Further, it establishes testing laboratories for tobacco products and maintains a proper record. It further researches alternatives for tobacco.

At the state level, a Tobacco control cell is instituted to implement and monitor regulations related to tobacco.  A state-level advocacy workshop is also to be conducted.

At the district level, “tobacco cessation facilities” are provided and tobacco control laws are monitored. Further school programs are conducted and training is provided to various NGOs, the staff of educational institutes, health and social workers, etc.