Tobacco Spiting at public places will now be an offence – IMA


IMA has welcomed the new Tobacco Amendment Bill 2015 (COTPA) where Govt. of India has proposed banning spiting tobacco in the public place.

In a joint statement, Padma Shri Awardee Prof Dr A Marthanda Pillai, National President, and Padma Shri Awardee Prof Dr K K Aggarwal, Hony Secretary General Indian Medical association and President, Heart Care Foundation, said “the tobacco spiting in public place is one of the biggest cause of spread of infection such as TB, Pneumonia, H1N1 Flu, Avian Flu and other ear, nose and throat infections. TB bacilli can survive in spit for an entire day. TB kill over two lakhs Indians every year.

IMA however wanted instead of banning tobacco spit, the Govt. of India should have banned spiting in public place as an offence.

IMA also welcomed

*that now tobacco industry control will no more be with a State government but taken over by the Union Government.

*That indirect tobacco (surrogate) advertisements and promotions will be included as a violation of the act
*That the word Advertisement now has been broadened to include marketing, promotion or advertising through goods, services and events
*That apart from print, Radio, TV the ban will include, Mobile internet and any other new technologies.
*That banning the sale- purchase of tobacco products will now be applicable to all people below 21 years. It is known that if a person is kept away from tobacco for first 21 years of life there is very high probability that he/she would not start tobacco consumption. Government is likely to increase this age from 21 years to 25 years for a period of time.
*That on the packets of tobacco products apart from bold warning one would also have to disclose constituents and emissions of tobacco products instead of mentioning only nicotine and tar contents
*That there will be designated courts for trial of tobacco related offences
*That no loose cigarette or tobacco products will be sold in the market.
*That the sale of tobacco products will not be allowed within a radius of 100 yards of educational institutions. (earlier it was 100 meters.)
*That Government will set up National Tobacco Control Organization ( NTCO)
*That except for some designated areas in airports no non smoking areas will be built up in areas like hotels, restaurants etc.

IMA suggestions

1. That all offence under the act should be non bailable.
2. Infact IMa stand is to ban tobacco products all together and till, they are banned to make them available with a chemist as a drug
3. Any form of spiting should be banned in public places not only tobacco spiting
4. Doctors and celebrities should be prohibited to consume tobacco products in public
5. Proposed fines/punishment u/s 20 to be raised as under:-
*Any person who products or manufactures cigarettes or any other tobacco products, which do not contain either on the package or on their label, the specified warning shall in the case of first conviction be punishable with imprisonment for a term which may extend to three years, or with both, and for the second or subsequent conviction, with imprisonment for term which may extend to five years and with fine which may extend to 10 lakhs rupees
*Any person who sells or distributes cigarettes or any other tobacco products which do not contain on the package or on their label, the specified warning shall in the case of first conviction be punishable with imprisonment of a term, which may extend to three years, or with fine which may extend to one lac rupees, or with both, and, for the second or subsequent conviction. With imprisonment for a term which may extend to five years and with fine which may extend to ten lak rupees
*Any person who produces or manufactures cigarettes or any other tobacco products, does not disclose to the government the constituents and emissions of cigarettes or any tobacco products shall in the case of first conviction be punishable with imprisonment for a term which may extend to five year or with fine which may extend one lacsubsequent conviction, with imprisonment for a term which may extend to 10 years and with find which may extend to 5 lakhs rupees
*Any person who produces or manufactures cigarettes or any other tobacco products, which do not contain either on the package or on their label, the constituents and emissions, shall in the case of first conviction be punishable with imprisonment for a term which may extend to five year or with fine which may extend one lac rupees or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with find which may extend to five lakh rupees