To ban or not to ban tobacco in Delhi
23 Aug 2012 9:28 AM GMT
The Delhi High Court has given the state government two weeks time to examine and decide on a plea to ban the sale of tobacco products' in the city. The court was hearing a petition filed by a registered society, Doctors For You, seeking to ban the sale of tobacco products in the wake of a spurt in oral and lung cancer cases in the city.
A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw gave the direction to the government, while disposing of the petition, asking the petitioner to approach the Delhi government's ministry of health and family welfare.
The petition said that according to a World Health Organisation study, about 25 per cent of the population in Delhi consume tobacco in some form. 'Despite clear evidence of tight regulations and actions taken by other states of India, the enforcing agencies in Delhi have failed to take any appropriate action against manufacturers, importers and distributors of tobacco products,' the petition said.
The petitioner asked the bench that when eight states had banned tobacco, why was Delhi not taking any action. (The eight states that have banned the sale of tobacco products are Madhya Pradesh, Kerala, Haryana, Bihar, Maharashtra, Himachal Pradesh, Rajasthan and Goa.) The petitioner's counsel argued that the Delhi government has not taken any action despite the Centre's regulation on the issue. He added that cases of oral cancer are on the rise in the Capital.
Appearing for the Union government, additional solicitor general Rajiv Mehra told the court that under the Food Safety and Standards Act, 2006, the Centre had passed a regulation in 2011 empowering food safety commissioners in states to ban tobacco products. According to Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, gutkha and other forms of chewing tobacco products such as zarda, pan masala, gul and bajjar, which are toxic and addictive, should be banned.
Delhi government's standing counsel Najmi Waziri told the court that steps had been taken in the issue and if any representation was made to the government, it would be considered. The court asked the government to consider the PIL as a representation and decide upon it within two weeks.
The bench also cited a 31 July newspaper article where state health minister A K Walia had said that tobacco should be banned in Delhi.
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A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw gave the direction to the government, while disposing of the petition, asking the petitioner to approach the Delhi government's ministry of health and family welfare.
The petition said that according to a World Health Organisation study, about 25 per cent of the population in Delhi consume tobacco in some form. 'Despite clear evidence of tight regulations and actions taken by other states of India, the enforcing agencies in Delhi have failed to take any appropriate action against manufacturers, importers and distributors of tobacco products,' the petition said.
The petitioner asked the bench that when eight states had banned tobacco, why was Delhi not taking any action. (The eight states that have banned the sale of tobacco products are Madhya Pradesh, Kerala, Haryana, Bihar, Maharashtra, Himachal Pradesh, Rajasthan and Goa.) The petitioner's counsel argued that the Delhi government has not taken any action despite the Centre's regulation on the issue. He added that cases of oral cancer are on the rise in the Capital.
Appearing for the Union government, additional solicitor general Rajiv Mehra told the court that under the Food Safety and Standards Act, 2006, the Centre had passed a regulation in 2011 empowering food safety commissioners in states to ban tobacco products. According to Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, gutkha and other forms of chewing tobacco products such as zarda, pan masala, gul and bajjar, which are toxic and addictive, should be banned.
Delhi government's standing counsel Najmi Waziri told the court that steps had been taken in the issue and if any representation was made to the government, it would be considered. The court asked the government to consider the PIL as a representation and decide upon it within two weeks.
The bench also cited a 31 July newspaper article where state health minister A K Walia had said that tobacco should be banned in Delhi.
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NO SMOKING
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- A nationwide law came into effect on 2 October 2008 which banned smoking in public places.
- Hotels, restaurants and clubs were directed to form special smoking areas and it was directed that people couldn't smoke outside of these.
- The sale of tobacco products within 100 yards of educational institutions is prohibited.
- The Cable Television Network (Regulation) Amendment Bill, which came into force on 8 September 2000, completely prohibits cigarette and alcohol advertisements.
- 8 Indian states, Madhya Pradesh, Kerala, Haryana, Bihar, Maharashtra, Himachal Pradesh, Rajasthan and Goa, have already banned the sale of tobacco products.
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