Introduction to Tobacco Control Laws: A Resource Manual

1. Introduction to Tobacco Control Laws: A Resource Manual “National Sensitization Workshop for Law Enforcement Officials for Effective Enforcement of the Indian Tobacco Control Act, 2003” January 21, 2008 PHD House New Delhi Ms. Monika Arora Director HRIDAY

2. Why this Training Manual? • National efforts of tobacco control • The comprehensive Tobacco control Act of 2003 • Formidable rules against tobacco use • The complementing state initiatives • 9 States have enacted tobacco control laws • Officers have been notified from among various departments for the effective enforcement of tobacco control laws. • Functional Tobacco Control Cells • Yet weak enforcement...!!!

3. Overview of the manual • To assist in the implementation and enforcement. • Details tobacco control legislation in depth. • To give information that is handy and useful for the enforcement officials designated to act under tobacco control laws. • Understanding the rationale of tobacco control laws and its finer procedural details. • Identifying barriers to enforcement and possible way out.

4. The scheme • Introduction • Essential aspects of tobacco control • Most relevant laws pertaining to tobacco control • Study on implementation and enforcement • Reported and observed successful efforts  • Annexure • Supporting documents

5. 1. Introduction • Development of Tobacco Control Laws in India. • India’s global commitment to tobacco control (FCTC). • Government and civil-society (AFTC) initiatives for the tobacco control Act of 2003. • laws per se, sans enforcement, does not achieve the objects.

6. 2. Essential aspects of tobacco control laws • The rationale for the following under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and the role of enforcement officers in this regard is discussed: • Ban on smoking in public places; • Ban on advertisements of tobacco products; • Prohibition of sale of tobacco products to and by minors; and • Specified health warning labels on all tobacco products

7. 3. Laws relevant to tobacco control • Indian laws • The Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 • The Constitution of India • The Indian Penal Code (IPC) • The Criminal Procedure Code (CPC) • International laws • WHO Framework Convention on Tobacco Control • The Convention on the Rights of the Child • The Convention on the Elimination of All Forms of Discrimination against Women

8. 4. Study on implementation and enforcement • The extent: • 14 States and 2 Union Territories visited for field study • In addition Jhunjhunu, Ropar and Mohali were visited • Methodology: • Based on the information elicited from a semi structured interview schedule • Recommendations are focused on • Implementation issues; • Monitoring issues; • Evaluation issues; and • Policy measures.

9. 5. Reported and observed successful efforts  • Rajasthan: • Civil society and NGOs in collaboration with the administration making Jhunjhunu smoke free • Chandigarh: • First smoke free city of India • Tamil Nadu • Mass awareness through workshops on impact of tobacco on health and environment. • Goa • Active NGOs working towards tobacco free state • Daman • Surprise checks after every 15 days to ensure no sale in and around educational institutions • Meghalaya: • Where all the taxis in Shillong are smoke-free and all public offices have display boards announcing these to be smoke-free.

10. 6. Annexures • Study on implementation and enforcement of tobacco control laws • General information about legislative and executive efforts for tobacco control in the state • The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, (COTPA), 2003

11. 7. Supporting documents • Certain portion of the laws relevant to tobacco control are made available for ready reference of the enforcement officers.

12. Thank You