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Decide within 6 months if cigarette pkts will have nicotine amp tar content levels on label Ursquokhand HC to Centre

| Monday | 12th November, 2018

The law shall not be permitted to remain dormant without any public interest. The non-enforcement of certain provisions for a considerable period, as in the present case, for more than 12 years would be counterproductive.”Pointing out that tobacco products are a major public health hazard and the total number of premature deaths caused by tobacco during the 20th century has been estimated to be about 100 million, the bench said that if current trends of tobacco use continue during the 21st century, the death toll is projected to go up to one billion.The court further warned that “India is slated to have the fastest rate of rise in deaths attributable to tobacco use as per the findings of World Health Organisation (WHO).”“Tobacco is directly or indirectly responsible for an estimated eight lakh deaths annually in the country while the treatment of tobacco-related diseases and the loss of productivity caused therein cost the country almost Rs 13,500 crore annually,” the judges remarked, adding that “there is need for a comprehensive legislation to prohibit advertising and regulation of production, supply and distribution of cigarettes and tobacco products.” NAINITAL: Uttarakhand high court (HC) on Monday directed the central government to “consider within a period of six months whether a part of Section 7 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Act), 2003 should be brought into force or not.” Section 7 (5) of the Act stipulates that “no person shall directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes produced, supplied or distributed by him indicates on its label, the nicotine and tar contents of each cigarette along with the maximum permissible limits thereof.”As per a PIL filed in the HC by a petitioner, Dharmendra Kansal, this provision of the Act has till date not been enforced by the Centre.The division bench of justices Rajiv Sharma and Manoj Kumar Tiwari taking cognizance of the fact that till date, the central government has notprescribed the determination of maximum permissiblelimits of nicotine and tar contents on each cigarette., remarked, “We are intrigued to notice that the government of India has taken shelter under the recommendation of Framework Convention on Tobacco Control (FCTC) not to enforce sub-Section 5 of Section 7 of the Act.”The court further stated that the central government, instead of enforcing sub-Section 5 of Section 7 had “hinted to amend Section 7 itself.” “The enactment (of the Act) was made in 2003 but sub-section 5 of Section 7 of the Act remained dormant.

NAINITAL: Uttarakhand high court (HC) on Monday directed the central government to “consider within a period of six months whether a part of Section 7 of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution Act), 2003 should be brought into force or not.” Section 7 (5) of the Act stipulates that “no person shall directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes produced, supplied or distributed by him indicates on its label, the nicotine and tar contents of each cigarette along with the maximum permissible limits thereof.”As per a PIL filed in the HC by a petitioner, Dharmendra Kansal, this provision of the Act has till date not been enforced by the Centre.The division bench of justices Rajiv Sharma and Manoj Kumar Tiwari taking cognizance of the fact that till date, the central government has notprescribed the determination of maximum permissiblelimits of nicotine and tar contents on each cigarette., remarked, “We are intrigued to notice that the government of India has taken shelter under the recommendation of Framework Convention on Tobacco Control (FCTC) not to enforce sub-Section 5 of Section 7 of the Act.”The court further stated that the central government, instead of enforcing sub-Section 5 of Section 7 had “hinted to amend Section 7 itself.” “The enactment (of the Act) was made in 2003 but sub-section 5 of Section 7 of the Act remained dormant. The law shall not be permitted to remain dormant without any public interest. The non-enforcement of certain provisions for a considerable period, as in the present case, for more than 12 years would be counterproductive.”Pointing out that tobacco products are a major public health hazard and the total number of premature deaths caused by tobacco during the 20th century has been estimated to be about 100 million, the bench said that if current trends of tobacco use continue during the 21st century, the death toll is projected to go up to one billion.The court further warned that “India is slated to have the fastest rate of rise in deaths attributable to tobacco use as per the findings of World Health Organisation (WHO).”“Tobacco is directly or indirectly responsible for an estimated eight lakh deaths annually in the country while the treatment of tobacco-related diseases and the loss of productivity caused therein cost the country almost Rs 13,500 crore annually,” the judges remarked, adding that “there is need for a comprehensive legislation to prohibit advertising and regulation of production, supply and distribution of cigarettes and tobacco products.”

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