Karnataka HC in a recent order dated 15th December 2017 quashed the Cigarettes and Other Tobacco Products (Packaging and Labeling) Amendment Rules, 2014 also called COTPA in short.
Karnataka HC in a recent order dated on 15th December 2017 quashed the Cigarettes and Other Tobacco Products (Packaging and Labeling) Amendment (COTPA) Rules, 2014.
The 85% pictorial warnings notification was issued on 15th October 2014 and after a long struggle these were implemented on April 1, 2016. Since then, India rose to third position in the global ranking in pictorial warnings from 136th.
India was not only awarded by the World Health Organisation for this decision but was internationally applauded by many countries for standing up to the powerful tobacco lobby.
In the Karnataka HC judgment one of the judges, Justice Nagarathna, stated that it is unnecessary to have pictorial and textual warnings suggestive of cancer particularly when the contents of the said warnings are not universally accepted as medically proven.
Aishwariya Bhati, Supreme Court lawyer, countered this saying, “National Institute of Health & Family Welfare report on health consequences of tobacco use was submitted in the Supreme Court in February 2011 which clearly establishes link between tobacco use and cancer,” and added “the Hon’ble Supreme Court Murli Deora V/s Union of India (2001) accepted that smoking causes lung cancer and other diseases. In another judgment by the Hon’ble Supreme Court in Health for Million Vs Union of India and Others in 2013 held that consumption of these products will result in rapid increase in the number of cancer patients.”
Bhatti stated that in fact the statement of objects and reasons of COTPA itself establishes beyond doubt that tobacco causes death, disability and huge financial losses to the nation. “The parliament made the law because of the proven link between tobacco and disease.”
Dharamveer Katewa of Indian Asthma Care Society felt the government must strongly defend its decision of implementing the 85% pictorial warnings on tobacco products taken in 2016. “It was a landmark decision to protect health of our youth.”
It will be recalled that Union Minister of Health and Family Welfare J P Nadda, in his opening remarks at the 7th Session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control had assured: “We are committed to strengthening non-communicable disease programmes and interventions and implementation of the WHO Framework Convention for Tobacco Control (FCTC) as an integral part of the post 2015 Sustainable Development Goals.”
In fact on on World No Tobacco Day Prime Minister Narendra Modi had said: “Let us pledge to spread awareness on the risks of tobacco consumption and work to reduce tobacco consumption in India. Tobacco not only affects those consuming it but also people around. By saying no to tobacco, let us lay the foundation of a healthier India.”
All eyes are now on the Centre to see how and when it appeals against the Karnataka HC ruling.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "(Picture for Representation)")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}