Showing posts with label Legal Updates. Show all posts
Showing posts with label Legal Updates. Show all posts

Wednesday, 21 March 2018

Tobacco use is barrier to sustainable development-WHO Director

Dr. Tedros Adhanom Ghebreyesus, WHO Director General, says tobacco use is a barrier to sustainable development on all fronts.

He made the remark in Cape Town, South Africa, March 7 during the 17th World Conference on Health or Tobacco, WCTOH. The event is placed under the theme: “Uniting the World for a Tobacco Free Generation.”

During the event, the WHO Director joined various speakers to appeal for a renewed focus on tobacco control policies to help users quit and to prevent non-users from becoming addicted.

Michael Bloomberg and Bloomberg Philanthropies, all  organisers of the event said, “international collaboration is vital for tracking tobacco use, which remains the world’s leading preventable cause of death, killing more than seven million people each year.”

They disclosed that global tobacco control measures have saved nearly 35 million lives around the world, even though; tobacco industry is pushing to find new users.

Various participants attended the event were of the opinion that the event will serve as avenue “to address this epidemic by working together to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure. Tobacco has no benefits to humanity whatsoever as the tobacco industry is poisoning people to death,”

Given that tobacco use kills more than seven million people worldwide each year, stakeholders at the event proposed that to save lives, governments across the globe must stand up to the tobacco industry and fully implement the proven strategies called for by the tobacco control treaty, the FCTC. These include significant tobacco tax increases, comprehensive smoke-free laws, advertising bans and large, graphic health warnings.

“Now is the time for leaders to implement strong policies proven to protect their citizens from tobacco,” he appealed.

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Friday, 9 March 2018

WHO wants developing countries to hasten implementation of tobacco control conventions

The World Health Organisation has reiterated the need for countries to focus on accelerating implementation of the Framework Convention on Tobacco Control (FCTC), especially in developing countries.

The WHO FCTC remains one of the most swiftly embraced United Nations treaties, gaining 181 Parties in just over ten years.

These 181 countries are legally obliged to adopt and implement its evidence-based measures for reducing tobacco use.

Since it came into force in 2005 high impact policies have been increasingly introduced by some countries around the world.

But officials believe it is high time more countries especially developing countries to live up to their commitments by accelerating the implementation of the Convention.

For some countries, this means ensuring that they comply with their obligations, such as tightening existing laws to eliminate smoking rooms and point-of-sale advertising.

It has been identified that tobacco not only wrecks health and health systems it is also a drain on economies and the environment.

Every year, according to the WHO, tobacco use kills about 7 million people, and many more people develop serious illnesses such as cancers, chronic respiratory diseases and heart disease.

Tobacco costs the global economy more than 1 trillion US Dollars annually in health spending and lost productivity.

“This is unacceptable”, said the Director-General of the World Health Organisation, Dr Tedros Adhanom Ghebreyesus during his opening speech at the 17th World Conference on Tobacco or Health, in Cape Town, South Africa.

Raising Taxes

He is optimistic this cost can be offset if all governments raised excise taxes by about 80 U.S. cents per pack of cigarettes.

This, according to him, would increase revenues by 47 percent, or 140 billion US Dollars, which could provide much-needed funding for health systems.

It would also increase cigarette prices by an average of 42 percent leading to a 9 percent decline in smoking rates and at least 66 million fewer smokers.

Effects of tobacco production on the environment

In a report published in 2017, the WHO showed that tobacco production is extremely water-intensive.

Large amounts of water are used in areas where tobacco farms and factories are located, which can put severe stress on local water reserves.

In addition, countless trees must be cut down to cure tobacco leaves, and the waste from tobacco also contains over 7000 toxic chemicals, including some that cause cancer.

Emissions from tobacco products contribute thousands of tonnes of human carcinogens, toxicants and greenhouse gases to the environment.

“All of this can be prevented if countries take action to implement the convention. Our message is implement, implement, implement the Convention. It is comprehensive,” Dr Adhanom Ghebreyesus

Call to eliminate the illicit trade in tobacco products

The “legal” cigarette market is bad enough. But the illicit trade of tobacco products creates a shadowy market that not only destroys health, it fuels organised crime and deprives governments of tax revenues.

The Protocol to Eliminate the Illicit Trade of Tobacco Products will help countries put a stop to the situation.

To come into force, the WHO needs six more countries to ratify by July, 2, because so far, only 34 countries have ratified the protocol.

“I urge countries in this room that have not ratified the protocol to do so. I am writing to all Parties to the Convention, encouraging them to ratify the Protocol and bring it into force,” he pleaded.

It is therefore critical for countries to strengthen their efforts and scale up their actions while facing increasing interference from the tobacco industry.

Today, 6 in 10 people globally are protected by at least one of the six tobacco control best practices in the demand reduction tobacco control policies, collectively known as MPOWER.

That’s four times more people than in 2007 when WHO first introduced MPOWER to help countries implement the Convention.

Africa is at the heart of the Sustainable Development agenda but is also seen as a growth market for the tobacco industry.

Africa has made great strides on some health issues, such as HIV/AIDS, but the tobacco problem is in its early stages and is not being given sufficient attention.

But there are many reasons for hope since countries like Ghana, Ethiopia, Gabon, the Gambia have recently increased tobacco taxes.

Kenya is fighting the illicit tobacco trade through an advanced track and trace system;

Senegal implemented four tobacco control measures at the same time, including large graphic health warnings and a comprehensive ban on tobacco advertising, promotion and sponsorship.

Uganda has passed a comprehensive tobacco control law, and 13 of the 34 countries that have ratified the illicit trade protocol are in Africa.

But there is more work to be done.

"We need to ensure that developing countries, some of which have the highest rates of tobacco consumption, take steps to implement the WHO Framework Convention on Tobacco Control. We need more countries to increase tobacco taxes to drive down smoking rates and generate revenues to fund health systems. We need to stop the illicit trade in tobacco products by bringing the WHO FCTC Illicit Trade Protocol into force,” the WHO Director said.

Head of the Secretariat of the WHO FCTC, Dr Vera Luiza da Costa e Silva, told delegates that tobacco control was at the heart of the new Sustainable Development Agenda.

“By accelerating the implementation of the WHO FCTC, the global tobacco control treaty, and becoming Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products, countries can facilitate the achievement of their goals by 2030 and save tens of millions of lives,” said da Costa e Silva.

Meanwhile, President of the 17th WCTOH, Dr Flavia Senkubunge, is optimistic the high quality of science being presented in Cape Town comes at a pivotal moment in tobacco control.

“This confirms that we know what works in tobacco control,” said Dr Flavia Senkubunge.
 
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Wednesday, 28 February 2018

Tobacco shops can't sell soft drink, snacks

Sale of soft drinks, chips, toffees and other eatables at tobacco and cigarette shops will be banned in Lucknow city.

The Lucknow Municipal Corporation has prepared a team in each zone to crack down on tobacco shops selling eatables and soft drinks. The decision came following the guidelines of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA), which restricts selling of eatables at tobacco shops.

The municipal commissioner has issued orders to all eight zonal officials to survey all markets and residential areas in their zones and crack down on tobacco shops selling toffees and other eatables. The commissioner has written to the district administration to provide support to the drive.

A joint team of five departments-LMC, police, CMO, Food Safety and Drug Administration, state government and district administration-will raid these shops. While police have authority to impose a penalty of Rs 500-5,000 on tobacco shop owners selling eatables, FSDA department can even cancel licences of permanent shops.

LMC has the responsibility to remove shops running illegally on roadsides.

LMC's environment engineer Pankaj Bhushan said, "The drive is to prevent children from accessing tobacco shops. It is observed that while reaching out to these shops to buy chips, toffees and cold drinks, children also get access to tobacco products. To stop this and create awareness, LMC has launched the drive to remove eatables from these shops."

Courtesy:Times of India
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Sunday, 8 September 2013

Ban on Smoking in Public Places - How it all began

Kerala has been a pioneer when it comes to ban on smoking in public places thanks to the landmark judgement of Justice Narayana Kurup in the Hon'ble Kerala High Court in 1999. Some key excerpts below: 

      Public smoking of tobacco in any form whether in the form of cigarettes, cigars, beedies or otherwise is illegal, unconstitutional and violative of Article 21 of the Constitution of India.

      Tobacco smoking in public places falls within the mischief of the penal provisions relating to "public nuisance" as contained in the Indian Penal Code and also the definition of "air pollution" as contained in the statutes dealing with the protection and preservation of the environment, in particular the Air (Prevention and Control of Pollution) Act, 1981.

      Section 268, IPC defines public nuisance as "A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage."

       There can be no doubt that smoking in a public place will vitiate the atmosphere so as to make it noxious to the health of persons who happened to be there. Therefore, smoking in a public place is an offence punishable under Section 278, IPC. The punishment for the offence is fine which may extend to Rs. 500/- as prescribed under Section 278, IPC.

       Section 278: "Making atmosphere noxious to health.--Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees."

       Since smoking is a public nuisance, it can be more effectively abated by invoking Section 133, Cr.P.C, which states "Conditional order for removal of nuisance.--(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit

      (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation.--A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes."

       If such an order is passed by the Executive Magistrate any person who disobeys the order is guilty of the offence punishable under Section 188, IPC.

Section 188: "Disobedience to order duly promulgated by public servant.-- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both :

and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

       Explanation.-- It is not necessary that the offender should intend to produce harm, or con- template his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm."

       Offence under Section 188, IPC is cognizable as per first schedule of Cr.P.C. Therefore, after the promulgation of an order under Section 133(a). Cr.P.C., if any person is found smoking in a public place, the police can arrest him without a warrant. The only condition is that the order is duly promulgated by the Executive Magistrates, The Executive Magistrates have a duty to promulgate such an order.

The full copy of judgement is available in the page 'Court Orders' of this blog

Courtesy - Indiankanoon
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Saturday, 6 April 2013

Gutkha ban: Supreme Court seeks compliance report from states

The Supreme Court on Wednesday sought compliance reports from all state governments that have banned the sale and manufacture of gutkha and paan masala containing tobacco. They have been given four weeks to submit their reports.

Gutkha, zarda, pan masala, gul, bajjar and such other toxic and addictive forms of chewing tobacco are mandated to be banned by various states, as per Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations of 2011, made under the Food Safety and Standards Act. Presently, 23 states and five Union Territories in India have banned the gutkha products.

The bench comprising Justices G S Singhvi and Kurian Joseph issued notices to the health secretaries of all the 23 states and 5 Union Territories to file compliance reports on the implementation of the ban. The court also asked why the products have not been banned in other states and why Regulation 2.3.4 has not yet been implemented. The order was given in the case of Ankur Gutkha vs. Indian Asthma Care Society.

The Supreme Court passed its order after the submissions by additional solicitor general Indira Jaisingh on behalf of the Centre that gutkha is being manufactured and sold in these states, including Delhi, Uttar Pradesh and Maharashtra, in violation of law. She also claimed that the rules are not being properly implemented by the state authorities.

Shri Prashant Bhushan, appearing for Health for the Million Trust, in his submissions underlined how the ban is not being properly enforced as there is no control over manufacturing units. The banned products are also easily available from states where gutkha has not been banned. Advocate Vishnu Behari Tewari, appearing on behalf of Indian Dental Association, demanded a nationwide ban on all forms of chewing tobacco products.

Source: Down to Earth
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Friday, 14 December 2012

Supreme Court issues notice to Centre on gutkha ban



The Supreme Court on Wednesday issued notice to the Union of India on an application from the Centre for Public Interest Litigation alleging that though 14 States had banned gutkha, the ban was not being effectively implemented.


A Bench of Justices G.S. Singhvi and S.J. Mukhopadaya issued notice; seeking the government's reply on the plea by the NGO.

Appearing for the NGO, counsel Prashant Bhushan said that only gutkha (mixture of pan masala and tobacco) was banned by 14 States. Neither pure tobacco nor pan masala (without tobacco) was banned and as a result manufacture was still going on.

The application said the court imposed a complete prohibition on the use of plastic material for packing of tobacco products, gutkha and pan masala.

“If gutkha and chewing tobacco is banned, leaving pan masala alone, then the implementation of such a ban is rendered impossible as manufacturers will pass on their tobacco-laden pan masala as ‘sada’ pan masala or tobacco-free pan masala. Pan masala consumption too is linked to high rates of oral cancer,” Shri Bhushan noted.

The counsel alleged that the order passed by the apex court on December 7, 2010 for prohibition of such products were “wilfully and brazenly” violated by some manufacturers who sold them under other “misleading” nomenclature and some others dumped their products under the “for export” tag. 

The application said that the Food Safety and Standards Authority of India, a statutory body set-up under Food Safety and Standards Act, 2006 had on August 5 last year banned gutka and other chewing tobacco products. 

It sought direction from the bench that disobeying their order would make the manufacturer liable under the Environment Protection Act, 1986, Food Safety And Standards Act, 2006, and for contempt of court.

Source: The Hindu and Deccan Herald

Image courtesy: Wikipedia
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