In 9 years, over ₹16 crore collected in fine for public smoking

Nine years after the implementation of rules against smoking, which came into effect on October 2, 2008, ₹16,99,05,469 have been collected by the government as fines for violating the norms.

This, as per information given to the Parliament by the Ministry of Health and Family Welfare.

According to the data available, challans were issued to and fines collected from 12,74,638 people during the period from April 2013 to March 2017 for violating Section 4 of Cigarettes and Other Tobacco Products Act (COTPA, 2003), i.e smoking in public places.

Warning signs

The law defines ‘public place’ as any place to which the public has access, whether as of right or otherwise, and includes all places visited by the general public. Boards containing the warning ‘No Smoking Area — Smoking Here is an Offence’ has to be displayed prominently at the entrance of public places.

Fines were also collected under various other Sections, including illegal advertising/sale around educational areas. Meanwhile, the Ministry of Health and Family Welfare recently issued a notification banning the use of hookah services in dining areas. It also issued a letter to all State Chief Secretaries of the State on developing a mechanism to provide permission/authorisation through Municipal Authorities by making a provision that retail shops authorised for selling tobacco products cannot sell any non-tobacco products.

COTPA rules

“The COTPA, enacted in 2003, is applicable to the entire country and is aimed at discouraging the consumption of cigarettes and other tobacco products by imposing progressive restrictions and to protect non-smokers from second-hand smoke. The implementation of COTPA is best done when the system/mechanism is institutionalised,” said a senior official in an anti-tobacco advocacy group.

Prohibition on smoking in public spaces and all forms of direct/indirect advertisement, promotion and sponsorship of tobacco products, ban on sale of tobacco products to minors and within a radius of 100 yards of educational institutions, and mandatory depiction of specified health warnings on all tobacco products are the major provisions of COTPA.

As per the Section 12 of COTPA, any police officer, not below the rank of the sub-inspector can take action against these violations.

Source: The Hindu

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Call for a separate head of account for tobacco control fines

As fines collected for violations of Indian tobacco control law COTPA, 2003 exceed Rs four crore in 2016; strong voices have emerged in favour of creating a dedicated head of account to deposit the amounts in the Government Treasury to strengthen measures for dealing with the worrisome health menace. 

Currently, COTPA fine amounts are deposited in the miscellaneous account of the State Government Treasury. 

Advocates of public health are also vocal in asking for allocating a portion of the fine amounts for strengthening tobacco control in the wake of increasing and worrying incidence of tobacco use among youngsters in the state. 

COTPA fines for the period January-December 2016, according to the official website of Kerala Police, amounted to Rs 4.38 crores, representing a 31 per cent increase over the corresponding period in 2015, during which the fine for violation of tobacco control laws was Rs 3.33 crore. 

The Excise and Health Departments are also very active in safeguarding public health through strict enforcement of the COTPA, 2003. 

Dr Sunil Mani, Professor and Director, Centre for Development Studies, Trivandrum, said, “A separate head of account will create administrative ease for enforcement officials to deposit COTPA fine amounts and enable the government to keep track of the amounts collected under this head. Such a system will also facilitate mechanisms wherein these funds can be used to reduce the economic burden of tobacco-related diseases and enhance public health in the state.” 

Dr AS Pradeep Kumar, former Addl Director of Health Services and former Tobacco Control Nodal Officer who has been making a sustained campaign in this regard, said, “Recent accounts of tobacco use initiation at the young age of 15 are startling and disturbing. Utilising a major portion of the fine amounts collected will be beneficial in strengthening various tobacco control efforts in the state.”

Along with law implementation and enforcement, widespread and targeted mass media efforts and cessation clinics are needed to rein in the tobacco epidemic in Kerala, he noted. 

Details of persons fined, and fine amounts collected by the Kerala Police under COTPA from October 2012 to December 2016, are available at http://www.keralapolice.gov.in/public-information/crime-statistics/cotpa-violations.

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