Supreme Court befriends Mumbai's non-smokers

“The Supreme Court on Thursday issued notice and stayed a 2005 Bombay High Court interim order staying implementation of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules 2004,” reports The Hindu .

While the 2004 rules have been stayed by the Bombay High Court, oddly, some of the rules have been implemented, while others have not. Those that have not been implemented will, one presumes, be implemented now.

The 2004 rules, which had been stayed till the Supreme Court ruling, had mandated the following:

•   The complete ban on advertising of tobacco products including surrogate advertising

•    The only place where tobacco products could be advertised is at the retail outlet or at the distributor.

•    No sale of cigarette or tobacco products to any person who is under 18 years of  age

•    No sale within a radius of 100 yards of any educational institution

•    No smoking in public places

•    Fine up to Rs.200/- could be imposed for smoking in public places or selling  tobacco products to minors, selling tobacco products within a radius of 100 yards  of an educational institution and the offence is compoundable (no case need be  registered if the offender pays the fine).

•    For violation of provisions of advertisement of cigarette and tobacco products, there is a penalty of imprisonment up to 2 years and/or fine up to Rs.1000/- which can be extended to 5 years and or up to Rs.5000/- in second or subsequent convictions.

•    The Owner/Manager etc. of an educational institution shall display and exhibit a Board or Boards outside the premises stating that sale of cigarettes and other tobacco products within a radius of 100 yards is prohibited. These 100 yards would be measured from the outer limit of the boundary wall.

•    Wherever tobacco and tobacco products are sold, there should be a display board of a particular dimension stating that “Tobacco causes cancer or Tobacco kills”.

The mandates that have not been implemented in Mumbai include ensuring that tobacco products are not sold within 100 yards of an educational institution, educational institutions putting up boards which warn against the sale of tobacco products within 100 yards, and the sale of tobacco products to minors.