INTRODUCTION
Over 274 million adults in India—or one out of every three—use tobacco. The affordable, locally produced hand-rolled cigarette known as a bidi is consumed by over half of tobacco consumers. One in four adult users of popular smokeless tobacco. In their homes, 50% of adults and 27% of children (13 to 15) are exposed to secondhand smoke, whereas in public settings, 29% of adults and 40% of children are.
By 2020, the number of deaths from tobacco use and secondhand smoke in India is expected to rise to 1.5 million per year. India presently spends $1.2 million USD annually on treating illnesses due to tobacco use.
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What is Tobacco?
Tobacco is a plant grown for its leaves, which are dried and fermented before being put in tobacco products. Nicotine is a component of tobacco that can cause addiction, which is why so many tobacco users have trouble quitting. Numerous more potentially dangerous compounds can be detected in tobacco or produced when it is burned.
Indian history of tobacco use:-
400 years ago, the Portuguese brought tobacco to India and started a tobacco trade in their colony of Goa. Two hundred years later, the British created tobacco manufacturing in India and brought commercially produced cigarettes there . 182 million (16.6%) of the 1.1 billion smokers in the world today reside in India. India’s tobacco consumption is expected to increase by 2-3% annually by 2020, contributing 13% of all deaths in India . India has a wider range of tobacco consumption than most other nations. The percentage of cigarettes in total tobacco use is only 20%.
The hand-rolled, filterless tobacco cigarette known as a bidi is a popular substitute for conventional cigarettes. In addition, tobacco is used in the hookah, a traditional water pipe, as pan masala or guthka, an areca nut chewing tobacco, as chutta, a clump of tobacco smoked with the lit end inside the mouth, and as mishri, a powdered tobacco used as toothpaste on the gums . In India, bidis make up the majority of tobacco consumption, at roughly 40%. .
According to estimates, 33% of women and 65% of males in India use tobacco products . Despite the fact that smoking is significantly more common among men than women (35% versus 3%), both utilise smokeless tobacco products to a similar proportion.
How does tobacco consumption occur?
Tobacco can be smoked, chewed, or sniffed. Cigars, bidis, kreteks, and cigarettes are examples of smoked tobacco products. Some folks will also use a pipe or hookah to smoke loose tobacco (water pipe). Chewing tobacco products include snuff, dip, snus, and chewing tobacco; snuff can also be sniffed.
Effects of tobacco use?
Although nicotine is addictive, other compounds in tobacco are mostly responsible for the harmful health effects. Smoking tobacco can cause emphysema, chronic bronchitis, and lung cancer. It raises the chance of developing heart disease, which can cause a heart attack or stroke. Smoking has also been connected to leukaemia, cataracts, Type 2 Diabetes, and pneumonia in addition to other malignancies. Any smoked product, including hookah tobacco, carries the same hazards. Smokeless tobacco raises the danger of developing cancer, particularly mouth cancer.
Smoking increases the risk of miscarriage, stillbirth, early birth, and low birth weight in unborn children in pregnant women. Children exposed to pregnant smokers may potentially experience learning and behavioural issues.
Secondhand smoke, which either emanates from the burning end of the tobacco product or is exhaled by the person who is smoking, is exposed to people who stand or sit close to those who smoke. Lung cancer and heart problems can also result from exposure to secondhand smoke. Both adults and children who have it may have health issues such coughing, phlegm, decreased lung function, pneumonia, and bronchitis. Children who are exposed to secondhand smoke are more likely to get ear infections, severe asthma, lung infections, and die from SIDS.
India’s tobacco industry and market India
It is the third-largest producer of tobacco in the world. In 1992, it produced 14% of the world’s manufactured tobacco (in the form of cigarettes and bidis) and 7% of the world’s total unmanufactured tobacco. Two-thirds of India’s labour force is employed in the country’s massive agricultural sector, which has a tiny total contribution from the tobacco business. In India, there are about 3.5 million individuals working in the tobacco industry, making up less than 0.5% of the country’s agricultural workforce and 0.31% of its overall labour population. Contrarily, the production of cigarettes is mechanised, which results in fewer employment being created. However, the majority of the production of tobacco products (such as bidis and various types of chewing and smokeless tobacco) other than cigarettes occurs in the unorganised sector, giving employment for what is considered the underprivileged.
However, the production of tobacco products other than cigarettes, such as bidis and different kinds of chewing and smokeless tobacco, is mostly carried out in the unorganised sector, giving millions of women and children who work from home jobs. The largest tobacco sector in India is bidi production. In India, 858 billion bidis were sold in total in 1998, and 1031 billion are expected to be sold by 2007. Young folks are becoming more and more enamoured with goutka and pan masala. These combinations, which include areca nut, tobacco, and flavourings, may be purchased for as little as a rupee (about US$ 0.01) each colourful tiny sachet. With the help of intensive marketing and advertising, this cottage sector that is expanding quickly has managed to capture a sizable market.
In the late 1990s, the market for cigarettes was projected to be around 60 billion rupees (US$ 1.7 billion). Although the cigarette market is controlled by four Indian companies—Indian Tobacco Company (ITC), Godfrey Phillips Limited, Golden Tobacco, and National Tobacco—foreign multinationals own shares in three of them. It’s interesting to note that these cigarette corporations compete fiercely with unorganised bidi producers, who are mostly shielded from heavy taxes due to their status as small-scale businesses. In 1998, cigarette businesses spent 48.8 million dollars on advertising. Recent years have seen a significant increase in the marketing of tobacco products, with a focus on advertising tactics such event sponsorships, point of sale (promotional display materials at cigarette vending machines), and brand-stretching (tobacco brand names on non-tobacco merchandise or services)
Tobacco legislation in India
Multifaceted approaches focusing on lowering the demand for tobacco products have been successful in other regions of the world in achieving effective tobacco control. Raising taxes, publishing and disseminating information about tobacco’s harmful health effects, including prominent health warning labels on products, imposing thorough advertising and promotion bans, limiting smoking in workplaces and public places, and expanding access to nicotine replacement therapies and other cessation therapies are some of these strategies. National law is often used to implement these demand reduction strategies. In India, state legislatures previously passed health laws, which may have been more useful. National legislation has been saved for significant situations requiring uniformity across the nation. The history of tobacco-related legislation in India is brief.
The first national-level legislation was introduced not to restrict but to support the tobacco business and give it a competitive edge abroad. Early attempts to pass tobacco control laws fell short, and only recently has there been enough pressure to create a comprehensive national control strategy. The Tobacco Board Act, which was introduced in 1975 to advance the tobacco business, is the earliest example of pro-tobacco legislation. It made it easier to regulate tobacco production and curing, set minimum pricing, and gave tobacco producers subsidies with the intention of expanding the Indian tobacco market and making the sector export-competitive.
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The Cigarette Cess Act of 1975 was also passed in order to collect tobacco taxes for the growth of the tobacco business . These Acts have drawn criticism from anti-tobacco groups because they supported the tobacco industry through subsidies and lax export regulations . The single-sided Cigarettes Act of 1975, which required health warnings on cigarette packages and on cigarette advertisements, was India’s first national anti-tobacco law . This Act mandated that the warning “Cigarette smoking is harmful to health” be printed on every packaging in the same language as the branding. Regardless of the size of the surface on which it appeared or the size of the brand name, the writing had to be at least 3 mm tall.
Despite being a significant advancement in tobacco control, this Act did not cover non-cigarette tobacco products. The Cigarettes Act of 1975 was followed by a series of other unsuccessful national efforts to regulate tobacco usage. For instance, the Prevention and Control of Pollution Act of 1981 added smoking to the definition of air pollution in laws pertaining to the preservation of the environment . Smoking and spitting in a public vehicle is prohibited by the Motor Vehicles Act of 1988. .
Last but not least, the Cable Television Networks Amendment Act of 2000 outlawed the broadcasting of cigarette, alcohol, and baby food advertisements on cable television nationwide.
In India, numerous state governments have enacted various forms of tobacco control legislation. With the Delhi Prohibition of Smoking and Nonsmokers Health Protection Act of 1996, the Delhi government became the first to outlaw smoking in public Bulletin of the World Health Organization 2003, 81 (1) 49 Tobacco control in India locations . This law authorised the police and medical experts to enforce it in public areas and on public transportation. It also forbade the sale of cigarettes to minors and sales within 100 metres of a school. A first-time offender is fined 100 rupees ($2.40) and given a legal and health informational briefing by a police or medical personnel.
This ambitious programme has been challenging to implement and probably hasn’t had much of an impact; the main issue is a shortage of personnel to police the law
There are also laws against public smoking in other states. For instance, in 1999 the Kerala High Court issued a ruling that forbade smoking in public areas, such as parks and highways in a similar vein, Goa’s state legislature passed anti-tobacco measures in 1999. The final legislation was a watered-down version of the original measure as a result of strong lobbying by pro-tobacco organisations, but it did keep an important clause that forbade smoking in public areas . It was also against the law to spit out chewing tobacco remnants in public areas.
It was also against the law to spit out chewing tobacco remnants in public areas. The promotion and sales of guthka have been outlawed in the states of Tamil Nadu and Andhra Pradesh over the last 12 months.
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Bill, a comprehensive anti-tobacco law to replace the Cigarettes Act of 1975, was introduced by Indian Prime Minister Vajpayee’s Union Cabinet in February 2001. . The sale of tobacco to anybody under the age of 18 would be forbidden, and warnings on tobacco packets would have to be the same size as the largest text in either the local language or English. Smoking would also be prohibited in public areas.
The proposed national legislation would make it illegal for tobacco firms to sponsor and advertise at sporting and cultural events. Notably, this Bill includes provisions for the majority of tobacco products, including cigarettes, cigars, bidis, cheroots, tobacco for cigarettes, pipes, hookahs, chewing tobacco, pan masala, and guthka. Compared to the original 1975 Act, the penalties for breaking the laws under the Bill are far harsher. You could be fined up to 200 rupees ($4) for smoking in public areas including streets, parks, or government buildings in defiance of the law. Vendors who sell tobacco to minors are subject to the same fine (under-18-year-olds). A second offence carries a fine of 100,000 rupees ($2,000) and up to three years in prison.
Added measures to reduce demand
Although this complex bill is an important step in India’s fight against tobacco usage, other significant actions are necessary for it to be effective. Increased taxes on all tobacco products, smuggling prevention, banning all forms of advertising, and setting up a system for law enforcement are all crucial steps in complete tobacco control through demand reduction.
Taxation and smuggling
The Federal and State Governments of India levy a variety of levies on the tobacco sector. An industry analysis claims that taxes on cigarettes make up about 55% of the average cost of a packet of 20 cigarettes. According to the same data, cigarettes accounted for roughly 82% of the US$1424 million in total excise tax generated by tobacco goods in 1998. These statistics demonstrate how little the unorganised sector contributes to excise revenue. Particularly when compared to cigarettes, bidis have a much lower excise duty.
Furthermore, because the unorganised sector is made up of so many tiny producers, the Indian government has little power to collect excise from it. Even though it may be challenging to collect taxes from the unorganised sector, raising prices on all tobacco products would help tobacco control efforts even further because all tobacco products are substitute goods with harmful health impacts that call for a cost to limit demand. Taxing tobacco goods more effectively reduces usage in poorer nations.
Higher taxes will encourage people to stop using tobacco in India and discourage them from starting; According to the World Bank, a 10% price rise in low- or middle-income nations reduces demand by 8%.
Price hikes are probably successful with these populations since they are the most price sensitive, since the poor consume the majority of tobacco in India, with adolescent consumption trending upward . Although the demand for more costly cigarettes is likely to decline as costs rise, the usage of bidis may offset this decline in cigarette consumption. Because of the greater costs, consumers might choose to switch to bidis instead of quitting smoking. It’s also feasible that smuggling of tobacco goods from nearby nations with lower tax rates will become an issue as India’s cigarette taxes rise.
The posting of visible tax stamps and local-language warnings on packages, as well as the zealous execution of penalties to deter smugglers, may be useful anti-smuggling tactics, even though there is limited experience and study on their efficacy.
Closing all advertising avenues
The lack of consideration for certain forms of advertising and promotion means that the proposed legislation may end up being less successful in limiting tobacco advertising. Recently enacted laws in Brazil and Thailand, two emerging nations, may be useful in this regard. Brazil enacted laws that forbid all television, newspaper, and magazine advertising of tobacco products as well as event sponsorship by cigarette companies in 2000, despite the country having a significant economic stake in the tobacco industry , producing almost as much unmanufactured tobacco as India and ranking as the world’s top exporter of tobacco leaf .Graphic health warnings must also be printed on cigarette packaging as part of the regulations.
Even though the tobacco business plays a significant role in the country’s economy, the government of Brazil has shown political resolve to reduce tobacco usage, even though the results of its strict advertising rules have yet to be observed. In a similar vein, Thailand passed extensive tobacco control measures in 1992, including stringent advertising regulations .
Due to flaws in their plan to limit tobacco advertising, India faces issues that can be understood from the Thai experience. The sale of cigarettes through vending machines, the use of free samples, giveaways, or exchanges, the provision of free admission to events, the advertisement of products bearing tobacco brand names or logos, the production, importation, sale, or promotion of products that mimic tobacco products and packages (i.e. brandstretching), and point-of-sale advertising are all expressly forbidden by Thai law .
50 World Health Organization Bulletin, 2003, 81 (1) Practice and Policy The Indian tobacco business is already using novel tactics to get around upcoming restrictions because it is anticipating gaps and loopholes. For instance, the ITC actively pushed the Benson & Hedges cigarette brand in 1998 by employing young people to distribute free packages of cigarettes across Mumbai’s clubs, colleges, and parks in order to enhance the brand’s market share . Similar to this, it is alleged that ITC has officially registered two separate brand names, Wills Sport and Gold Flake-Golden Getaways, solely to promote sporting and cultural activities.
It will be challenging to oppose such tactics because the draught Bill does not clearly specify limits on all forms of advertising. Additional steps will be required to prevent all channels of advertising via strict and rigorous standards, as shown by laws in Brazil and Thailand.
Enforcement
The situation in Thailand likewise shows that laws alone are insufficient. Thai law is extensive, however there have been significant issues with its execution. Even though it is against the law for anybody under the age of 18 to acquire tobacco products, a 1996 Thai poll found that 97% of 15-year-olds were able to do so.
Due to a lack of enforcement, it is also clear that point-of-sale advertising and brand-stretching are evading Thai legislation . The success of tobacco control in India appears to depend on the establishment of an enforcement infrastructure, which is why it should be a top government priority.
Politics and economics of tobacco control
The tobacco lobby has contended that enacting tobacco control laws could have a detrimental effect on the economy by leading to a significant loss of jobs. Since the overall effect of tobacco control on the Indian economy has not been sufficiently studied, it is challenging to determine how well control measures will work.
Studies from other nations show that industries directly related to the production of cigarettes have employment losses; however, these losses can be offset by increases in employment in all other areas, notably in labor-intensive service industries . Jobs lost in tobacco retail are probably going to be replaced by jobs in retail selling other goods that people can buy with the money they used to spend on cigarettes . A deeper comprehension of the political economics would be necessary for any future national comprehensive tobacco control law in India.
As the world’s third-largest agricultural producer of tobacco, slowing this sector down will require not only strong political resolve and ongoing dedication, but also comprehensive analysis of all the relevant parties.
POLICIES AVAILABLE
The WHO Framework Convention on Tobacco Control (FCTC) was joined by India in 2005.
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act of 2003 is the main federal tobacco control law (COTPA).
The Ministry of Health and Family Welfare was given specific jurisdiction under COTPA, and since then, it has issued 15 notifications that update, clarify, and otherwise expand COTPA.
These laws: Ban smoking in all public spaces, including workplaces; however, dedicated smoking areas are allowed in airports, hotels with 30 or more rooms, and restaurants with 30 or more seats. Numerous outdoor areas, including stadiums, open auditoriums, train stations, and bus stops, are smoke-free zones.
- Prohibit the majority of TAPS, but with certain limits on point-of-sale and sponsorship.
- Demand that health warnings, both graphical and textual, cover 40% of the front of package. It is forbidden to use deceptive phrases like “light” and “low-tar”.
- Permit tougher subnational restrictions than the national law.
THE SUCCESSES OF THE UNION
In 2012, the Union fought to maintain restrictions on chewing tobacco advertising during international cricket matches in Australia, Sri Lanka, and South Africa. Despite Australia’s total ban on cigarette advertising, the advertisements, which were in Hindi and targeted at Indian television viewers, initially appeared on the boundary rope of an Australia v. India test in early 2012. The Union worked with government, sporting and tobacco control partners to have the advertisements, and similar adverts in South Africa and Sri Lanka, removed from the stadiums.
The Union played a key role in helping the Indian Government pass Graphic Health Warnings on cigarette packets that have 85% coverage, making them one of the largest GHWs in the world. This was accomplished in conjunction with BI partners and civil society organisations in India.
As a result of the Union’s focus on enhancing the National Tobacco Control Programme (NTCP) at the central, state, district, and sub-district levels during the biennial period of 2013–2014, government infrastructure has been strengthened in 5 states and up to 21 local jurisdictions that are implementing tobacco control measures.
PERIODICAL WORK
The Union supports state governments, ministries, and non-governmental organisations (NGOs) throughout India’s 25 states in order to improve the implementation of tobacco control laws. In the priority states of Himachal Pradesh, Madhya Pradesh, Tamil Nadu, Orissa, Jammu and Kashmir, Bihar, Rajasthan, Gujarat, Punjab, Goa, and Kerala, the Union is now giving importance to the establishment and implementation of smoke-free policies. These states also place a high priority on policies relating to regional increases in cigarette taxes.
Conclusion
It is predicted that tobacco smoking in India will have terrible repercussions. The Indian government has just lately started to respond to the gravity of the situation and launch a legislative procedure to address this societal ailment. However, for legislation to be effective, it will need to include measures that go beyond those in the proposed Bill, like raising tariffs on all tobacco products and closing legal loopholes related to advertising. If the tobacco epidemic in India is to be contained, strong political leadership from the government and extensive public education are essential.
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Author – Ujjwal malik (LL.B)
IIMT University