Healthy air is children’s birthright

SANDHYA RAJU

(Author is an activist of the Human Rights Law Network)

The right to health is an inherent and enforceable fundamental right. It necessarily follows that a clean and pollution-free environment becomes the natural corollary to the statement of right to health.  This acquires a higher degree of sanctity when we  talk  about children who are one of the most vulnerable segments of our society.

There is an obligation on the part of the state to  ensure a healthy environment as part of the fundamental rights in the Constitution under Article 21. This isfurther strengthened by Article 6 of the UN Convention on the Rights of the Child which recognises the right to life and that the state parties shall ensure to the maximum extent possible the survival and development of the child.

The Cigarettes and other Tobacco Products (Prohibition of advertisement and regulation of trade and commerce, production supply and distribution Act 2003
(COTPA) is the principal  comprehensive law governing  tobacco control  in India. India also became a signatory to the WHO framework on the Convention on Tobacco control on February 27 2005. As a consequence of being a party to the framework,  public spaces, workplaces, educational and government facilities and  public transport were declared smoke-free zones. This also included outdoor spaces, open auditoriums, stadiums, railway stations and bus stops.

This has been further augmented by judicial pronouncements which have been a beacon of light in reaffirming  the statutory principles.

It is a well-researched medical fact that use of tobacco and the allied substances causes grave danger to the health of an individual.  Adults  who continue to consume them knowing their adverse effects  do not think of the young vulnerable children who are victims of tobacco use. From an unborn child in the womb to the school-going children, all face this with serious health consequences.

Inhaling the  noxious smoke contributes to the increasing rates of respiratory illnesses, cancer and the like which affect  a holistic quality of life which again is a basic fundamental right of a child.

To discourage the use of tobacco and its allied products,  there have been serious efforts of sensitisation to strike at their consumption  through express pictorial representations and increased taxation measures.   

Unfortunately,  the increasing cost or the extremely visible daunting pictorial representations do not seem to deter the users. The selling of tobacco products near educational premises  is prohibited in law but there are instances where they are sold discreetly or covertly. Glamorous representations of the use of tobacco products as something which is a symbol of a courageous, strong and powerful personality is a major disservice to young impressionable minds.  

Children are gullible individuals who are in the process of establishing their personalities. They  need to follow their role model. This is also the period of risk taking and adventurism.

This requires a delicate handling by regular sensitisation and reiteration of the negative impact of using tobacco products.

If their role models are blatant in their disregard for law, the youngsters will also have the same disregard.

It is essential that a principle of zero tolerance be adopted to ensure a non-negotiable, stricter and effective implementation  of the anti-tobacco legislation for the future of our children.

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Let's unite for 100 per cent tobacco smoke-free environments

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Smoking Ban In Public Places May Help Improve Health

Researchers have found evidence that a ban on smoking in public places could be an effective measure to reduce exposure to second-hand smoke which has long been associated with negative health effects.

"The study findings highlight the impact of smoke-free policies, which contradict the hypothesis driven by the tobacco industry that smoke-free legislation merely displace smoking from public to private places," said lead author Esteve Fernandez of the Catalan Institute of Oncology in Spain.

The study of second-hand smoke exposure after two smoking bans in Spain showed that overall exposure can be decreased across all settings by comprehensive legislative efforts.

The researchers reviewed approximately 2,500 adult non-smokers' self-reported rates of tobacco smoke exposure in several public and private settings following smoking bans in 2006 and 2011.

While the 2006 smoking ban prohibited smoking in enclosed public places and workplaces (except in hospitality venues), in 2011, it was extended to all hospitality venues and selected outdoor areas (hospital campuses, educational centres, and playgrounds).

The survey results, published in the journal Nicotine & Tobacco Research, showed significantly lower exposure following the second legislation, with participants reporting their overall exposure falling from 72 per cent in 2006 to 45 per cent in 2011.

Exposure decreased across all locations surveyed, beyond the workplaces and hospitality settings covered by the 2011 legislation.

For example, exposure also decreased in residences from 29 per cent to 13 per cent and in transportation spaces from 41 per cent to 13 per cent.

"Exposure to second-hand smoke in selected outdoor settings may be further reduced by extending smoke-free legislation," said senior author Maria J. Lopez of the Public Health Agency of Barcelona, Spain.

Source: News18

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Hotels for COP7 guests declared tobacco-free by Delhi Govt

Three prominent hotels in the national capital, where the delegates of the ongoing anti-tobacco conference COP7 are staying, have been declared tobacco-free, in line with the Delhi governments campaign against its consumption.

Delhi Health department has written to the three hotels - Leela Ambience near Yamuna Sports Complex, Crown Plaza and Holiday Inn in Mayur Vihar - asking them to comply with the tobacco control laws and also appoint a nodal officer to check its consumption on their premises.

"You must be aware and just to remind you that the conference jointly organised by Government of India and WHO FCTC is being held at India Expo Centre, Greater Noida.

"Your hotel is one of the few hotels, officially selected for the stay of delegates who will distinguished political dignitaries and high rank officers of 180 countries.

"In larger public interest and also in view of COP7, you are requested to implement and strengthen the tobacco control laws as a part of Tobacco free Delhi initiative," Dr S K Arora, Additional Director (Health), said in a communique to the hotels.

The hotels have been asked to display the necessary tobacco-free zone boards at strategic points along with tobacco-free vehicle stickers in the taxis and coaches carrying the guests.

When contacted, Dr Arora said, "We have asked them to ensure there is no sale or promotion of tobacco products (both direct and surrogate both), use of e-cigarettes and hookah within the tobacco free zone area."

"We may also implement this measure in other hotels and restaurants of Delhi," he added.

He stressed that particles smaller than 2.5 micrometre (PM2.5) are major components of cigarettes smoke and can enter deep into lungs to cause serious health problems.

"It is worth mentioning that tobacco smoke is one of the leading cause for spreading environmental pollution. The PM2.5 mass emitted by a cigarette on an average is around 10-15 mg which can cause high indoor pollution if smoked at home or in a car," he said.

As per WHO data, in India around 50 per cent adults are exposed to second hand smoke at home and 29 per cent at public places.

Around 9 to 10 lakh people in India die every year because of tobacco consumption.

Source: India Today

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Kerala private hospitals declared tobacco smoke-free

While India is hosting the conference of parties of the World Health Organisation's treaty - Framework Convention on Tobacco Control (FCTC) - to rally support for 100 per cent smoke-free public places among others, Kerala's private healthcare sector has declared all its institutions smoke-free.

The private sector, which caters to over 70 per cent of healthcare requirements in the state, has become completely tobacco smoke-free as part of its patient-welfare ad public health measure, said the state president of Kerala Private Hospitals Association (KPHA) Dr PK Mohamed Rasheed after a meeting of the association in Kochi on 8 November 2016.

All private hospitals have set up 'no smoking' warning boards and measures are on to install pictorial signages as mandated by the Section 4 of the Indian tobacco control law COTPA, 2003.

Once this process is complete, we will upload details of smoke-free and COTPA compliant status of private hospitals at the official website of the association, added the President.

"As physicians, doctors and hospital managers, we realise the multitude harms of smoking, second-hand smoke and tobacco use and as such, this step forward is part of our efforts to control tobacco use and thereby incidence of non-communicable diseases in our state," Dr Rasheed said.

"One-to-one counselling and education efforts with focus on current smokers and tobacco users are also in full steam. Over the years, we have used every possible forum for interaction with students to educate them on tobacco harms and prevent their initiation into this habit," said KPHA secretary Hussain Koya Thangal.

Source: Times of India

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Kerala Police tightens the noose on public smokers

Indicating and reinforcing their strong commitment for public health, the 56,000-plus Kerala Police force has tightened the noose on public smokers. 

Figures of police action against public smoking for this July-September quarter show over 85 per cent jump as compared to the same period last year. As many as 47,282 persons were fined during the quarter for violating the no-public smoking provision of the Indian tobacco control law COTPA, 2003.

This is a record-high number ever since Kerala Police started an online system of COTPA violations reporting in October 2012.

Of the total 20 police districts, 17 districts have recorded action against public smokers in September 2015, as per the latest figures in the official police website. For the sake of administrative convenience, 14 revenue districts of the state have been divided into 20 police districts.

The impressive performance showcased during the quarter also comes from doubling and tripling of efforts by six district police teams as compared to July-September 2014. These include, Thiruvananthapuram City; Pathanamthitta; Ernakulam City; Thrissur City; Palakkad and Malappuram.

In Malappuram, for instance, the number of persons fined has increased from 52 during last July-September quarter to 5,726 in the same period this year. Palakkad has witnessed an over nine-fold increase, from 503 to 4,619.

The State Police Chief Shri TP Senkumar IPS said, “Kerala Police takes its commitment of safeguarding the health of our people very seriously.  We realise the dangerous impact of second-hand smoke and do not want our non-smoking population to suffer silently in public places. Action against COTPA violations are reviewed every month in the crime review meetings.” The Clean Campus, Safe Campus programme launched by the Government on 30 May 2014 has strengthened COTPA implementation and tobacco control, Shri Senkumar added.

In the interest of non-smokers, Section 4 of COTPA prohibits smoking in public places including bus stands, cinema halls, restaurants, hotels, pubs, and bars. It also mandates setting up of 60 x 30 cm signages in white, black and red colours. Violations including public smoking and absence of requisite signages can be fined up to Rs 200 on the spot.

As per figures of the Global Adult Tobacco Survey (GATS) 2009-10 of the Union Ministry of Health & Family Welfare and the World Health Organisation, 30 per cent of men and 8.5 per cent of women are exposed to second-hand smoke in public places. 

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WHO calls for complete tobacco smoke-free environments

The World Health Organisation (WHO) has called upon Governments to enact and enforce comprehensive smoke-free laws to protect people from the harms of second-hand tobacco smoke. Smoke-free laws are relatively easy to pass and enforce. Besides improving health, they are also business friendly, says the new WHO Report on the Global Tobacco Epidemic 2015.

The Report, which coincides with the 10^th anniversary of coming into force of the WHO’s Framework Convention on Tobacco Control (FCTC), also calls for decisive action by countries to end tobacco use – an epidemic that is a significant hurdle to development gains worldwide.

Smoke-free laws and environments find favour with both smokers and non-smokers as it improves the health of both these groups, besides encouraging smokers to reduce tobacco use and quit successfully in the long-term.

Scientific evidence has long proven that there is no safe level of exposure to second-hand smoke – the smoke emanating from a smoker. Its exposure leads to serious and often fatal diseases, including cardiovascular and respiratory disease as well as lung and other cancers. Children, foetuses, and newborns may also suffer severe, long-term harm – or even die due to second-hand smoke exposure.

Over 1.3 billion people across the world were covered by strong and comprehensive smoke-free legislation in 2014 – an increase of about 200 million since 2012, the Report says pointing out to the popularity of these laws. A total of 49 countries have implemented smoke-free laws covering all public places and workplaces.

Globally, educational facilities are the best-protected public place with two thirds of countries legislating such a ban, followed closely by health facilities. Employees and patrons of restaurants, pubs and bars have the lowest level of protection from second-hand smoke, according to the Report, the fifth in the series of WHO reports on the global tobacco epidemic.  

“Political will, coupled with effective enforcement, can sharply reduce smoking and exposure to second-hand smoke in all venues where smoking is outlawed”, the Report notes giving highlighted mention to Russia – a trendsetting country by becoming 100 per cent smoke-free.

In less than three years, the country not just passed and implemented its 2013 legislation but also demonstrated that smoke-free laws do not hit businesses. Compliance monitoring six months after the law was extended to cover restaurants, cafes, and bars revealed an overall increase in business in these establishments year-on-year.  The setting up of required ‘no smoking’ signages in all public places played a significant part in achieving the smoke-free status.

The WHO has described Indian tobacco control law COTPA, 2003 as a comprehensive legislation consistent with the FCTC for protecting the public, especially the youth, from tobacco harms.

It hails India’s National Tobacco Control Programme (NTCP) as the cornerstone for advancing tobacco control in a large and complex tobacco producing country and an excellent model for replication. The NTCP, piloted in 2007 to enforce COTPA and to build awareness on tobacco harms, is now being expanded to cover all 36 states and 672 districts in phases between 2012 and 2017.

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