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PIL seeks ban on tobacco sale outside schools

The NGO has also sought a direction to the Education Department, to ask schools to display information in and outside their premises, such as "no-smoking area" and "smoking is an offence"

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The Delhi High Court (HC) on Monday sought the response of the Centre and the city government on a Public Interest Litigation (PIL), seeking to enforce a complete ban on sale of tobacco and cigarettes near educational institutions in the national Capital.

A Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also issued notice to the governments' Education Department and all the civic bodies, directing them to file their status reports on the allegations raised in the PIL. The Bench stated, "It is a really important issue." It directed the authorities to place their stand before it by the next date of hearing, January 30 next year.

NGO Doctors For You had moved the court, alleging that despite a ban on sale of tobacco products near educational institutions, one can easily find a number of shops selling such products near schools in the city, in violation of the Cigarette and Other Tobacco Products Act (COTPA), 2003. As per Section 6 of the COTPA, sale of cigarettes and other tobacco products within a 100-yard radius of educational institutions is deemed illegal.

The plea stated that the "sale of tobacco products within a 100-yard radius of educational institutions is prohibited under COTPA. However, the norms linked to this Act are being openly flouted by vendors".

Seeking enforcement of the Act, the petitioner has sought a direction to the authorities to ensure that all the schools were "tobacco free". It said there should be "no availability" of tobacco products in the campus and a committee should be set up to monitor compliance of the Act.

The NGO has also sought a direction to the Education Department, to ask schools to display information in and outside their premises, such as "no-smoking area" and "smoking is an offence". The petition said the authorities concerned should ensure that "tobacco products and its ancillary products are sold from registered/authorised shops and in compliance with the provisions of the COTPA".

It said the Centre and the Delhi government shall ensure that there is no sale of cigarettes, beedies, cigars, and any other tobacco products in single stick or loose.

—PTI

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