DB directives on sale of Tabacoo

27/05/2016

Srinagar, May 26: In a Public Interest Litigation filed by Dr. Syed Khurshid Ahmad Porfessor in SKIMS-Medical College, Srinagar with expertise in the field of Microbiology. He believes that smoking is the unnecessary menace in the society and has to be curbed by every possible method. In this case the petitioner is seeking indulgence of this Court for issuing directions, directing the respondents to ensure implementation of Cigarettes and other Tobacco Products (Packaging and Labeling) (Amendment) Rules, 2014 in letter and spirit and for direction to ban sale of cigarettes and other tobacco products not having 85% principal space covered with pictorial and cover textual health warnings.
As per the petitioner, the Global Adult Tobacco Survey-India (GATS-2010) conducted in the age group of 15 years and above over 35% of the adult population consumes tobacco in some form or the other and majority of them are illiterate or semi-literate.
Young persons in India in the age group of 13-15 years consume tobacco as per the survey of Global Youth Tobacco Survey, 2009. Considering the dangers of tobacco use, the Act called the Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 was enacted for the purpose to prohibit the consumption of cigarettes and other tobacco products which are injurious to health with a view to implement improvement of public health provided under Article 47 of the Constitution of India. For implementing the said Act the Government vide GSR No. 727 dated 15.10.2014 notified the Cigarettes and other Tobacco products (Packaging and Labeling) (Amendment) Rules, 2014 with effect from 01.04.2015 and the said rules mandated that 85% of the principal display area of each tobacco product should cover pictorial/ textual health warning.
A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey after hearing Advocate Syed Musaib for the PIL whereas Advocate General DC Raina for the state observed that having regard to the notification issued, stating that specified health warning shall cover at least 85% of the principal area on each package, of which 60% shall cover pictorial health warning and 25% shall cover textual health warning and shall be positioned on the top edge of the package, the same is bound to be implemented by the Tobacco Product Manufacturers as well as the persons who are selling the tobacco products either wholesale or on retail.
Hence the writ petition is allowed with a direction to the respondents to ensure implementation of the Cigarettes and other Tobacco products (Packaging and Labelling), Amendment Rules, 2014 and ban the sale of cigarettes and other tobacco products not having 85% specified health warning and such of those tobacco products which are not satisfying the rule, have to be seized and destroyed.
It is made clear that such of those tobacco products which have been manufactured prior to the implementation of the said Rule, namely, 01.04.2016 be allowed to be sold without any disturbance till the stocks possessed by the sellers are sold out. JNF

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