The Madurai bench of the Madras High Court recently took urgent note of a critical situation—a surge in tobacco addiction among school children, particularly due to products like Cool Lip, which is basically smokeless tobacco. Large quantities of tobacco products have been seized in Tamil Nadu, especially near schools.
The Court, handling at least ten-related bail pleas daily, expressed concern about the alarming rate of addiction and its consequences. It observed that teachers are struggling to manage classrooms as affected children exhibit violent and indifferent behaviour.
Justice D Bharatha Chakravarthy was hearing a bail application filed by a person who was arrested and remanded to judicial custody after he was found in possession of 27 packets of tobacco products. The Court cited two main reasons for its intervention: percolation of tobacco products from neighbouring states, where they are permitted, and repeated instances of addiction among school children. It emphasized the importance of addressing teachers’ concerns to ensure a safe future for the society, prompting a detailed examination of the issue.
Despite a ban on khaini and tobacco products, Tamil Nadu witnesses daily seizures of huge quantities of tobacco products, mostly targeting school children. Manufacturers exploit children to ensure lifelong customers.
The Global Youth Tobacco Survey (2019) reveals some alarming statistics:
- 8.5 percent of 13-15-year olds consume tobacco.
- 5,500 children initiate tobacco consumption daily.
- 55 percent become addicted before age of 20.
Investigations have also revealed that:
- Tobacco products, especially Cool Lip, are sold near schools.
- Sellers adapt tactics to evade authorities.
- Cool Lip contains high nicotine levels (1.85 percent).
- Children use it secretly, even in classrooms, leading to intoxication and addiction, violence and aggression, lying and stealing, which leads to poor academic performance.
Teachers struggle to manage addicted students, and the Court recognized the urgent need for action. All necessary parties, including central and state governments, food safety authorities, and manufacturers, were impleaded and heard. The Court sought to protect Tamil Nadu’s youth from this corrupting menace. Its long-term consequences include addiction to stronger substances; health risks (cancer, heart disease, gum disease); educational dropouts and delinquency; and criminal involvement.
India has a robust legal framework to protect children from tobacco exploitation. Key provisions include Article 39(f) which is meant to ensure children’s healthy development and protection against exploitation. There is also Article 47 which prohibits consumption of harmful drugs and substances. There are other laws as well which include:
- Juvenile Justice (Care and Protection) Act (2015) under which there is imprisonment up to seven years for supplying tobacco to minors.
- Food Safety and Standards Act (2006) which prohibits unsafe food, including tobacco products.
- Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (2003) which prohibits sale of such products to minors, regulates tobacco advertising and prescribes penalties for violation.
- In addition, the Tamil Nadu Prohibition of Smoking and Spitting Act (2003) prohibits tobacco storage, sale and distribution near educational institutions.
There are several rules and regulations related to tobacco usage and its sale in India: Food Standard and Safety Rules that prohibit tobacco and nicotine in food products, Cigarettes and Other Tobacco Products Rules (2011) which mandate display of warning boards, prohibit tobacco sales through vending machines and restrict access to tobacco products for minors.
Other deterrents are imprisonment up to seven years for supplying tobacco to minors and fines ranging from Rs 1 lakh to Rs 10 lakh for violations.
Several measures have been taken by the central government to control tobacco use in India. The Ministry of Health and Family Welfare has directed states to prohibit the manufacture, storage, distribution, or sale of gutka, pan masala, and other products containing tobacco or nicotine. The Food Safety and Standards Authority of India has also issued similar directions. The government has specified textual and image warnings for tobacco products and mandated display of “Tobacco Free Area” signage in educational institutions.
The Ministry of Education has requested states to appoint nodal officers to ensure tobacco-free educational institutions and directed the implementation of the Tobacco Free Educational Institutions (ToFEI) manual. The manual outlines roles and responsibilities of various authorities, including displaying signage, prohibiting tobacco sales within 100 yards and encouraging tobacco control activities. Additionally, the Ministry of Health and Family Welfare has published revised guidelines for ToFEI, emphasizing the importance of tobacco control, health effects and legal provisions. The Department of School Education and Literacy has also published an implementation manual providing detailed instructions for tobacco-free educational institutions.
The Tamil Nadu government has seized over 1,27,561 kg of tobacco products, including 12,336 kg of Cool Lip. The state has banned the manufacture, storage, transport, distribution, or sale of food products containing nicotine. Educational institutions are also prohibited from associating with tobacco-promoting brands. Tamil Nadu has launched the Drug Free Tamil Nadu Mission with a dedicated Mission Management Unit. The mission aims to create awareness, impart training and eradicate drugs and tobacco products. Various departments, including education, health, and social welfare, are working together to achieve this goal. The state has also formed joint inspection teams with police and food safety officials to take action against banned food products. So far, over 19,822 shops have been sealed and 1,32,890 kg of products seized. A WhatsApp number (94440 42322) has been established for citizens to report complaints. The state has also introduced measures such as de-addiction centres, counselling services and awareness programmes in schools and colleges. The government has also fixed revised rates for compounding penalties for violations.
The Supreme Court has issued several directives to address the alarming increase in drug and alcohol abuse among children. In Bachpan Bachao Andolan vs Union of India (2017), the apex court ordered a national survey, formulation of a comprehensive national plan, and inclusion of anti-drug content in school curricula. The Court also directed states to enforce bans on gutka and pan masala with tobacco/nicotine (Central Arecanut Marketing Corporation vs Union of India). It also ordered states to file affidavits on compliance with the ban (Ankur Gutka vs Indian Asthma Care Society). It upheld directions for central investigation into tobacco product offenses (E Sivakumar vs Union of India).
The apex court also held that gutka products cannot be permanently banned under the Food Safety and Standards Act, 2006, but allowed temporary bans during emergencies (Godawat Pan Masala Products vs Union of India).
While referring to the above directions, the High Court asked the prosecuting agencies to book offenders under Section 77 of the Juvenile Justice (Care and Protection) Act, 2015, and Section 59 of the Food Safety and Standards Act, 2006, for selling tobacco products near schools, hold manufacturers, distributors and sellers liable under Section 27 of the Food Safety and Standards Act and prosecute corporate entities and employees involved.
The Court further implored the central government to issue directions under Section 86 of the Food Safety and Standards Act, 2006, to state governments to consider the grave nature of tobacco use among children and take into account the unique nature of new dipping/filter tobacco products.
The Court disposed of the petition with these directions, making the interim bail granted to the petitioner absolute and regular.
—By Shivam Sharma and India Legal Bureau
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