New Delhi, In a remarkable step, the Hon’ble Supreme Court of India, before the
Bench comprising of Hon’ble Chief Justice Tirath Singh Thakur & Hon’ble
Justice Uday Umesh Lalit), issued notice and Rule in writ petition No. 134
of 2016 (Umesh Narain Sharma Vs UOI). The PIL is filed by Umesh Narain
Sharma, a 66-year-old senior advocate of Allahabad High Court, who smoked
cigarettes. Nearly, 4 years back, at the peak of his career, he was diagnosed
with tongue cancer. He underwent removal of his tongue followed by toxic
chemotherapy and radiotherapy. He could eat with great difficulty and speech
was completely gone for a long time. Over a period of 2-3 years, things
improved and he regained strength to return to work. He could barely argue in
court but did not lose courage. Three months later he got another cancer in his
jaws. On the day of his case coming up for hearing in SC, he is admitted for
removal of his jaw tumor in Tata Memorial Hospital. His life after 2nd surgery
would not be same again. He carries a high chance of relapse. He knows that
probability is against him. He has only one desire, he does not want our new
generation to pick up smoking. He wants to protect future generations. 
He decided that the current pictorial
warnings on the tobacco products were not adequate and therefore, filed a
petition in the Hon’ble Supreme Court for plain packaging of tobacco products.
Currently,
tobacco products in India have 40% of pictorial warnings on one side (average
20%). As per the international WHO treaty - Framework Convention for Tobacco
Control - to which India a signatory since 2004, pictorial warnings should be a
minimum of 30% on both sides and preferably more than 50%.
Aishwarya
Bhati, Advocate, Supreme Court of India, who argued the case for Umesh Narain
Sharma, said, “It is very significant that the highest court of the land has
issued a rule and notice on plain packaging. The Hon’ble Supreme court has
always taken proactive steps when it comes to tobacco. Tobacco has done nothing
for our citizens, especially children, except for causing death or disability.
The implementation of plain packing will serve a useful purpose and youngsters
will be saved.”
India
is ranked at 136 among 198 countries in terms of prominence of pictorial health
warnings on tobacco packaging and is ranked much below countries like
Pakistan, Bangladesh, Nepal, Thailand etc., having higher proportion of pack
warnings on the principal display areas of the tobacco packs. It is also
alarming to note that countries ranked after 136 have no pack warning on the
tobacco products packages, thus making India status/rank amongst the bottom 10
countries in the world. India also ranked last among other SAARC/SEARO nations
that have graphic health warnings.
Countries
like Thailand, Australia, Uruguay, Brunei, Canada, Nepal, that have relatively
lower prevalence of tobacco use than India have all gone for large sized
warnings in the past. At least 60 countries, including Brazil and Russia,
require graphic warning labels covering 50% of tobacco product packaging and
many countries such as Thailand (85% front and back); Australia (75% front and
90% back); Uruguay (80% front and back); Brunei Darussalam (75% front and
back); Canada (75% front and back); Sri Lanka (80% front and back) and Nepal
(90% front and back) have implemented larger graphic warning.
Advocate
Mr. Rahul Joshi on whose petition, the Hon`ble Rajasthan High Court
directed implementation the Cigarettes and Other Tobacco Products (Packaging
and Labelling) Amendment Rules, 2014, that mandates printing of 85% pack
warnings on tobacco packs, stated: The Central Government (MOHFW) in their
reply to his petition have committed on affidavit that implementing 85% pack
warning on both sides of pack, is step towards implementing plain packaging”
In
Writ Petition, Love Care Foundation Vs. Union of India, the Hon’ble Allahabad
High Court, after reviewing evidence supporting the impact of a tobacco plain
packaging law in Australia and a study of plain packaging in Brazil leading to
reducing the sale of tobacco products, concluded that plain packaging and
health warnings reduce the ability of attractive packaging to mislead consumers
about the harms of tobacco use. The Hon’ble High Court in the order and
Judgment dated 21.7.2014, has taken Judicial notice of plain packaging of
tobacco and recommended to the Government to do so.
The
Hon’ble Allahabad High Court on 19.11.2014, issued notice to UOI in the
Contempt Petition No. 2477/2014, for willful disobedience of the order dated
21.07.2014. However UOI has taken no steps to implement plain packaging.
WHAT IS PLAIN
PACKAGING?
A generic, standardized or
homogeneous packaging, refers to packaging that requires the removal of all
branding (colour, imagery, corporate logo and trademarks). Permitting
manufacturers to print only the brand name in a mandated size, font and place
on the pack, in addition to the health warnings and any other legally mandated
information such as toxic constituents and tax-paid stamp.
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