The Supreme Court on Monday came down upon the government for being hand in glove with the tobacco industry by making no efforts to enforce guidelines to limit the effect of advertisements promoting tobacco products in the country.
A bench headed by Justice G.S. Singhvi over-ruled a Bombay high court order of 2005 which had suspended implementation of rules limiting the promotion of tobacco products through ads. The court directed the Centre to enforce the guidelines that prohibit display of print ads larger than 60 cm by 45 cm promoting tobacco products, such a cigarettes and gutka, at shops and kiosks. The rules say that the ad hoarding needs to display in a local language that “tobacco causes cancer” or “tobacco kills” and it should be prominently displayed measuring 20 cm by 15 cm. The bench said not only had the Bombay HC erred in 2005 when it had stayed implementation of the rules without considering its consequences, the Centre had “connived” with the tobacco lobby by not challenging the HC verdict. “Every day, every moment people are dying of cancer and it is the Centre which connived with the tobacco lobby by non-appearance of an advocate during the hearing at Bombay HC (in 2005),” the bench said. “No effort was made for vacating the order which had a huge ramification on society at large particularly weaker and poor sections who are the largest consumer of tobacco products,” it said.
The Bombay high court had in an interim order passed in 2005 stayed the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, also known as Point of Sale Rules.
The top court passed the order on a PIL by an NGO Health For Millions which contended that the rules be strictly implemented as being a signatory to international treaty, Framework Convention of Tobacco Control, India has to impose a comprehensive ban on all advertisements, promotion and sponsorship of tobacco products to reduce tobacco consumption globally.