Do we really need this Act? If yes, then why? And why is it important to implement it seriously to improve public well-being?
The word tobacco comes from the Spanish and Portuguese word ‘Tabaca’. Tobacco is the cause of various diseases; therefore, the Indian government banned the consumption of tobacco products in public places, such as cigarettes, beedis, and cigars. The government also specified where smokers can’t use tobacco products as well—not less than 100 meters from that place.
In relation, the Indian government passed an act: THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) (COTPA) Act 2003, to deal with tobacco-related manufacturing products as well as their advertisement. This act totally banned smoking in public places and not less than 100 yards from that particular public place specified under this act, and also describes punishment if any individual denies following such provisions described under this act.
Furthermore, the Supreme Court of India in the leading case Murli S. Deora vs. Union of India and Ors. recognized the harmful effects of smoking in public places and also ruled on the ill effects on passive smokers. In the absence of statutory provisions, the Supreme Court banned smoking in public places such as auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices, public conveyances, including the railways. It also bans smoking within 100 yards of these places.
furthermore, the Act also describes when, where, and to whom tobacco products may not be sold or advertised before completion of legal requirements by this act. In relation, a research study conducted in the year 2019 found that the tobacco manufacturing industry is one of the highest contributors to the Indian economy with a total economic value generation around Rs. 12,00,000 crore and around 4.60 crore people have dependency on the tobacco industry.
What is COTPA, 2003
THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) (COTPA) Act 2003 deals with prohibition of tobacco products if the manufacturer doesn’t follow specified rules under this act and also prohibits smoking in public places under Section 4. Whoever violates such provision may be liable for punishment under Section 21 of this COTPA Act 2003.
Relatable provisions
The COTPA Act 2003 particularly describes the provisions which specify when, where, what, and to whom any type of tobacco product can be sold or purchased is completely prohibited under this act.
There are related provisions including —
Definitions given under Section 3 of this act—
- Clause (l): defines public place as: any place where the public have direct access to take part or for the purpose of visiting, includes auditorium, hospital buildings, railway waiting rooms, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public.
- Clause (n) “smoking” means using tobacco product in any form—cigarette, cigar, beedis, or with the help of a pipe, wrapper or any other instrument described under this act comes under Section 3, Clause (n).
Prohibition of smoking at public places and their punishment (Section 4 & 21):
This section completely bans smoking in public places and states that no one has authority to smoke in public places. Where having a hotel with thirty or more than thirty rooms or a restaurant having seating capacity of thirty or more than thirty persons and in the airports, make it separate area for passive smokers for their smoke where their direct access is prohibited for the non-smokers.
In relation, Section 21 deals with the punishment if any individual or company denies following such provision under the prescribed act and may be liable to a fine maximum up to Rs. 2000.
Prohibition of advertisement of cigarettes and other tobacco products (Section 5, 23 & 25):
Sub-section (1) states —
- Nobody shall be authorized to take part or be part of or so-called part in the supply or distribution of tobacco production for the purpose of advertisement.
- Nobody shall be authorized to control any part of any other medium to advertise or direct to be advertised directly or indirectly or promoting the tobacco product for consumption by the general public is completely prohibited by this act.
Sub-section (2) states — the person can’t be engaged or support the engagement for monetary benefits by any other medium, includes —
a. To run ads or support running ads
b. To sell films or videos or permit or authorize to do so
c. Distribute or support the kind of distribution for the purpose of advertisement of tobacco products
d. For the purpose of advertisement of tobacco products,
a. by way of frame,
b. on wall, or building, or by way of hoarding
c. using vehicle
d. writes a post or blog or vlog
e. run exhibition
f. others prescribed by the statute.
Except—subsection (2) not applicable on:
- When the manufacturer advertises the tobacco product on the cigarette or beedi own package
- When the manufacturer advertises the tobacco product content where the vendor sells the tobacco products.
Section 23: states — All the material related to the advertisement for cigarette and other tobacco products can be forfeited by the government and such advertisement material shall be disposed as prescribed by rules made under this act, if any person has been found guilty or convicted in contravention of the provisions of Section 5 of this act.
Punishment (Section 25): If the manufacturer violates sub-section 1 and 2 of Section 5 he/she shall be liable for —
- Imprisonment for a term up to 2 years or fine up to Rs. 1000 or both (in case of first conviction)
- Imprisonment for a term up to 5 years and fine up to Rs. 5000
PROHIBITION ON SALE OF CIGARETTE OR OTHER TOBACCO PRODUCTS TO A PERSON BELOW THE AGE OF EIGHTEEN YEARS AND IN PARTICULAR AREA (SECTION 6 & 24)
Nobody is authorized to sell, offer for sale or permit or support the sale of cigarettes or any other tobacco product —
a. to any person who is below the age of eighteen years, and
b. within a radius of 100 yards of any educational institution or other public places.
Punishment (Section 24): states that if —
a. any individual contravenes or violates any provision of Section 6 of the act, shall be liable to pay a fine not more than up to Rs. 2000.
POWER OF ENTRY AND SEARCH (SECTION 12 & 13):
Sub-section (1) — The police officer has the power to enter and search if they have reason to suspect that there is something which is violating any provision of this act in any building, factory, business premises, or any other place prescribed by the act, if —
The police officer is not below the rank of sub-inspector or any such officer from the State Food or Drug Administration or any other officer holding the equivalent rank, being not below the rank of sub-inspector of police, authorized by the Central Government or by the State Government.
Sub-section (2) — Every search and seizure or confiscation made under this act shall be governed under the Bharatiya Nagrik Suraksha Sanhita, 2023.
In addition
Section 13(1): The police has the power to seize if they believe that —
a. There must be a package of cigarettes or any other tobacco material or there shall be found the tobacco products’ advertisement.
Sub-section (2) — states — The police officer who seized the package or advertisement material, without the permission of the District Judge of their local jurisdiction, can’t seize the package of tobacco material for more than ninety days.
Power of Central Government to make rules (Section 31)
This section gives power to the Central Government to make rules if found are some amendments regarding tobacco material or their description of the package, but through notification in the Official Gazette.
Section 32:
This Act shall not apply to any cigarette or other tobacco products, or to any package of cigarettes or tobacco products, which is exported, provided that — The country to which the product is exported shall be clearly specified on each package of cigarettes or tobacco products, in accordance with the rules or laws in force.
Conclusion
Smoking in public places is prohibited by the Cigarette and Other Tobacco Products Act, 2003, and also specifies the punishment if any individual or company contravenes under this act. The act also specifies where and when not to sell or offer to sell the tobacco products, and also prohibits the advertisement or support of advertisement of tobacco material in India.
The act COTPA, 2003, and the serious implementation of this act play a very pivotal role in reducing environmental pollution as well as promoting health for non-smokers.
In my opinion, the government should take serious action for its implementation in India, and more or less the Indian citizen also needs to take part for effective implementation and their enrichment.
Reference:
- Bare Act (COTPA) 2003
- Mohammed Zaid Alam, Is Public Smoking Illegal in India? Concept and Laws by Legal Upanishad. Article available at https://legalupanishad.com/is-public-smoking-illegal-in-india/
- Adv. Kapit Kishor Kaushik, Prohibition of Smoking in a Public Place in India, available at https://www.legalserviceindia.com/legal/article-1960-prohibition-of-smoking-in-a-public-place-in-india.html
