The Government of India has drafted COTPA Ammendment bill 2020 and placed it in public domain in janyary 2021 to know about the public views on it with a deadline of 31st january. This Bill seeks to increase the minimum age for sale of cigarettes and other tobacco products from 18 years to 21, besides enhancing the penalty for offences under various sections of COTPA. It also aims to ban smoking zones in hotels, restaurants, airports. Jharkhand had become the first state in the country to have successfully passed all the amendments of the central Act to pave way for stricter laws.
The Government of India enacted in 2004 its comprehensive tobacco control law the Cigarettes and other Tobacco Products Act 2003 (COTPA 2003) (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution), to reduce tobacco use. The Act was enacted by the Parliament to give effect to the Resolution passed by the 39th World Health Assembly, urging the member states to implement measures to provide non-smokers protection from involuntary exposure to tobacco smoke. This Act includes:
a) Section 4: prohibition of smoking in public places
b) Section 5: prohibition of advertisement of cigarettes and other tobacco products
c) Section 6: prohibition of sale of cigarettes or other tobacco products to anyone below the age of 18 years and in a particular area and
d) Section 7: prohibition on trade and commerce in production, supply, and distribution of cigarettes and other tobacco products.
Why this act needs amendment
The COTPA was adopted over 16 years ago and was intended as a comprehensive law on tobacco control but hasn’t affected the death toll much. Between November and December 2019, a crosssectional, observational study was conducted by NCBI which showed that COTPA 2003 is poorly implemented in many states in India. Similar support for a strong tobacco control law was revealed by another survey on Twitter. A coordinated effort from all stakeholders, especially from the police, educational institutions, and the community, is required to improve this situation. There is a need for creating greater public awareness about the harmful effects of tobacco so that there is more voluntary compliance with the regulations.
1.35 million people die each year in India due to tobacco use
According to the World Health Organisation nearly 1.35 million people die each year in India due to tobacco use. Worldwide, tobacco use causes more than seven million deaths per year and if the pattern of smoking globally doesn’t change, more than eight million people annually will die from diseases related to tobacco use by 2030. For proper implementation and to give effect to the spirit of the law, it is necessary to take appropriate measures for the same.
Way to tobacco free India
Tobacco use is a major risk factor for cancer and other non-communicable diseases and is the single largest cause of preventable deaths worldwide causing premature death. There are various laws and legislations for tobacco control in India. Recently the state Assembly of jharkhand passed The Cigarettes and Other Tobacco Products (Amendment) Bill, 2021 to enact stringent provisions to curb the use of tobacco which endangers several lives in the country. It increased the fine of smoking and spitting in public places from 200 to 1,000 rupee in the state. All of these provisions have been amended under the COTPA Act of 2003.
since 2014, various bold steps have been taken by the Modi Government to control the tobacco usage in the country. All the packets of cigarettes, bidis, chewing tobacco have 85 per cent pictorial warnings. E-cigarettes have been completely banned -which is a very commendable step. Now, the proposed amendments in the COTPA will go a long way in making India healthier.
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