'Amend COTPA to strengthen provisions, raise legal age for smoking from 18 to 21 yrs'

News Network

November 25, 2020

Bengaluru, Nov 25: A new report titled “Tobacco Control Law in India – Origins and Proposed Reforms” released on Tuesday revealed that there are glaring gaps in the existing tobacco control legislation COTPA 2003.

In a release issued by the National Law School of India University (NLSIU) and submitted to Union Ministry of Health and Family Welfare recently, had noted that amoking areas are allowed in restaurants, hotels and airports despite a ban on smoking places in India; tobacco advertisements and products are prominently displayed in stores and kiosks despite a ban on advertising and the existing penalties under COTPA 2003 are not sufficient.

It also noted that the sale of single stick cigarettes and other loose tobacco products is the norm in India; emission yields which are mentioned on cigarette packets often give a misleading impression are some of the gaps in the existing tobacco control legislation COTPA 2003, which makes it ineffective for regulating tobacco consumption and exposure to second hand smoke in India, revealed the report.

This report is intended as a comprehensive analysis of COTPA 2003, identifying the gaps therein, and proposing reforms which are in consonance with the recommendations of the parliamentary committees, best practices adopted by other countries and the guidelines specified under the global public health treaty on tobacco control, World Health Organization Framework Convention on Tobacco Control (WHO FCTC).

“The harmful effects of tobacco use are well established and accepted globally. Through this report the Chair on Consumer Law and Practice, NLSIU has made a rigorous effort to identify gaps in the existing tobacco control laws of India (COTPA 2003). The report recommends legislative reforms based on the global public health treaty, FCTC, to which India is a signatory as well as best practices adopted by other countries. We hope that the Government will consider these recommendations while proposing a comprehensive COTPA Amendment Bill”, said Prof. (Dr.) Sudhir Krishnaswamy, Vice Chancellor, NLSIU.

NLSIU report has proposed these recommendations for COTPA amendment: prohibit designated smoking areas at public places by removing the provision that allows for any smoking areas or spaces; prohibit all point of sale advertising; prohibit tobacco product displays in stores and kiosks; specify that advertising is banned in new internet based medium; prohibit all tobacco company sponsorship including corporate social responsibility activities; prohibit the display of emission yield figures; regulate contents and emissions including a ban on all flavored tobacco; allow for greater regulation of tobacco packaging; increase the age of sale from 18 to 21; prohibit the sale of single sticks, loose tobacco or smaller packs and increase the penalties for violations.

“Medical science clearly recognizes tobacco as the single most significant cause of mortality and morbidity across the globe. The State`s primary duty is of improving and protecting public health under the Constitution of India. The recommendations from the NLSIU report need to be implemented by the Ministry of Health and Family Welfare immediately by amending COTPA 2003 if India is serious about reducing tobacco use and protect Right to Health guaranteed by Article 21 of the Constitution of India,” said Former Chief Justice of India Hon’ble Justice M N Venkatachaliah.

“There is ample evidence about tobacco products being the killer. These should be made inaccessible to save Indians from a lifetime of misery and suffering. It is critical to strengthen the country’s tobacco control law to galvanize the ongoing efforts to check the tobacco epidemic in India, especially during these challenging times,” said Dr Vishal Rao, renowned oncologist and Member of High Power Committee on Tobacco Control, Govt of Karnataka.

India has the second largest number of tobacco users (268 million or 28.6% of all adults in India) in the world – of these at least 1.2 million die every year from tobacco related diseases. One million deaths are due to smoking, with over 200,000 due to secondhand smoke exposure, and over 35,000 are due to smokeless tobacco use. Nearly 27% of all cancers in India are due to tobacco usage. The total direct and indirect cost of diseases attributable to tobacco use was a staggering Rs 1,82,000 crore which is nearly 1.8% of India’s GDP.

Comments

Add new comment

Coastaldigest.com reserves the right to delete or block any comments.
Coastaldigset.com is not responsible for its readers’ comments.
Comments that are abusive, incendiary or irrelevant are strictly prohibited.
Please use a genuine email ID and provide your name to avoid reject.

HC refuses to quash probe against Mangaluru WhatsApp admin over offensive posts

News Network

February 1,2026

Bengaluru: The Karnataka High Court has refused to quash an investigation against a WhatsApp group administrator accused of allowing the circulation of obscene and offensive images depicting Hindutva politicians and idols in 2021.

Justice M Nagaprasanna observed that, prima facie, the ingredients of the offence under Section 295A of the Indian Penal Code were made out. “The offence under Section 295A of the IPC is met to every word of its ingredient, albeit prima facie,” the judge said.

The petitioner, Sirajuddin, a resident of Belthangady taluk in Dakshina Kannada district, had challenged the FIR registered against him at the CEN (Cyber, Economics and Narcotics) police station, Mangaluru, for offences under Section 295A of the IPC and Section 67 of the Information Technology Act. Section 295A relates to punishment for deliberate and malicious acts intended to outrage the religious feelings of any class of citizens.

According to the complaint filed by K Jayaraj Salian, also a resident of Belthangady taluk, he received a WhatsApp group link from an unknown source and was added to the group after accessing it. The group reportedly had six administrators and around 250 participants, where obscene and offensive images depicting Hindu deities and certain political figures were allegedly circulated repeatedly.

Sirajuddin was arrested in connection with the case and later released on bail on February 16, 2021. He argued before the court that he was being selectively targeted, while other administrators—including the creator of the group—were neither arrested nor investigated. He also contended that the Magistrate could not have taken cognisance of the offence under Section 295A without prior sanction under Section 196(1) of the CrPC.

Rejecting the argument, Justice Nagaprasanna held that prior sanction is required only at the stage of taking cognisance, and not at the stage of registration of the crime or during investigation.

The judge noted that the State had produced the entire investigation material before the court. “A perusal of the material reveals depictions of Hindu deities in an extraordinarily obscene, demeaning and profane manner. The content is such that its reproduction in a judicial order would itself be inappropriate,” the court said, adding that the material, on its face, had the tendency to outrage religious feelings and disturb communal harmony.

Observing that the case was still at the investigation stage, the court said it could not interdict the probe at this juncture. However, it expressed concern that the investigating officer appeared to have not proceeded uniformly against all administrators. The court clarified that if the investigation revealed the active involvement of any member in permitting the circulation of such content, they must also be proceeded against.

“At this investigative stage, any further observation by this Court would be unnecessary,” the order concluded.

Comments