Report Card on Implementation of Tobacco Control Laws

in Lucknow 30 May 2011

Produced by: Youth participants of Rights and Responsibilities Training Camp:

Sachidanand Pandey, Jatin Arora, Sarvesh Kumar Shukla, Dileep Sharma, Nadeem

Salmani, Anand Pathak, Ritesh Arya and Rahul Dwivedi.

Advisors: Professor (Dr) Rama Kant, Dr Sandeep Pandey, Shobha Shukla, Bobby

Ramakant

The Cigarette and Other Tobacco Products Act, 2003, is one of the most

comprehensive tobacco control laws in the world – but – its implementation is weak

and appalling. The youth participants after the session on tobacco control laws in

India, selected few salient features of The Cigarette and Other Tobacco Products Act,

2003, to conduct a reality check in Lucknow on their level of implementation:

The salient features of The Cigarette and Other Tobacco Products Act, 2003, that

were monitored and evaluated by the team included:

1) Sale of tobacco within 100 yards of any educational institutions is prohibited

2) Ban on smoking in public places (came into effect since 2 October 2008)

3) Ban on sale of tobacco to or by minors (below 18 years)

4) Pictorial health warnings on all tobacco products

5) Sale of „Gutkha‟ in Plastic (Supreme Court order)

Sale of tobacco within 100 yards of any educational

institutions is prohibited

There were several educational institutions (schools, colleges, tuition centres,

coaching centres etc) where tobacco was being sold within 100 yards distance either

through „gumti‟

shops or „mobile

thelas‟. Violations

are documented

below as

photographs:

DABBLE

COLLEGE, C-

block, Indira Nagar

Tobacco shop right

across the gate

Tobacco shops close to St Dominic Savio College, Bhootnath, Indira Nagar, Lucknow

Kidland School – tobacco shop across

Tobacco shop across Shiva Public

School, Sector 17, Indira Nagar

Tobacco shop on the boundary of

Isabella Thoburn (IT) College

Tobacco being sold outside ER-DR CLASSES (ER-DR ACADEMY PVT LTD)

Tobacco Shop outside Queen Convent

Tobacco shop outside Mahanagar Girls‟ College, Badshahnagar, Faizabad Road

Tobacco shop close to Rishikul Academy & Mahatma Buddha Memorial Inter College

Tobacco shop close to Aeronautical Training Institute

Tobacco being sold close to CMS

Ban on smoking in public places

(came into effect since 2 October 2008)

Ban on sale of tobacco to or by minors (below 18 years)

Pictorial health warnings on all tobacco products

Radha Khaini (bought from

Gole Market) has no warning

even after 2 years, Shyam

Bahar gutkha has 40% WHITE

area (actual warning size is

smaller), International brands

like Indonesian Gudang

Garam has no warning

Sale of ‘Gutkha’ in Plastic (Supreme Court order – no sale of

Gutkha in Plastic is allowed)

This is being implemented – we didn‟t get any gutkha sachet in plastic – but other

chewing tobacco forms like Khaini, „Tulsi‟ tobacco etc are sold in plastic (and not

covered by the Supreme Court order) – we will like to appeal to extend this order to

all forms of tobacco – and also non-tobacco forms of mouth freshners such as Sweety

Supari or others because their plastic sachet also causes environmental pollution and

adverse health effects on our population.

Recommendations:

1. Since majority of tobacco addiction begins before the age of 18 years, it is

imperative to strictly enforce the ban on sale of tobacco to or by minor. The children

and youth that are sadly selling tobacco should be in schools in this age of “Sarva

Shiksha Abhiyaan” and “Right To Education (RTE) Act”. Very few tobacco shops

display the signage that sale of tobacco to minors is banned.

2. The ban on sale of tobacco within 100 yards of any educational institution should

be strictly enforced – this will limit access to tobacco for minors and delay (or reduce

the chances of) the onset of tobacco addiction

3. The sale of International brands of cigarettes in Lucknow such as Gudang Garam

from Indonesia, Marlboro and other brands – raises a serious question – if they are

legally imported in India then they must abide by Indian tobacco control laws (such as

print pictorial warnings as per Indian law) and if they are not legally imported then

not only India is losing on health of its citizens but also on revenues. We appeal to the

government authorities to seize such tobacco and take appropriate action against those

responsible. Is this tobacco smuggling? If so legal action must be taken as early as

possible.

4. All forms of tobacco should not be sold in plastic for very reasons for which the

Supreme Court banned sale of Gutkha in plastic sachet (environmental). This ban

should include non-tobacco forms of mouth freshners and paan masala too.

5. Ban on smoking in public places should be strictly enforced – with proper signage

(very few private sector offices have appropriate signage). As per a news published in

May 2011, only Rs 6000 has been collected as fine for violating ban on smoking in

public places in Lucknow (only 30 people have been fined in 2011). This is a very

loosely implemented ban and raises serious questions on the efforts of government

and authorities to “declare Lucknow smokefree” by end of this year. The authorities

such as Tobacco Control Cell must enforce laws properly – and – protect our health

and well-being.

For further information, contact:

Bobby Ramakant

C-2211, C-block crossing, Indira Nagar, Lucknow-226016. India

Phone: +91-9839073355