New Delhi:
From April 1, 2015 every tobacco product was to have carried 85% pictorial
warnings, however, Ministry of Health & Family Welfare issued a
notification vide GSR No. 228(E) dated 26th March 2015 postponing the
implementation of the new pictorial pack warnings.
The reason given was that the Committee on Subordinate Legislation (COSL) had
asked the implementation be kept in indefinite abeyance.
The
Rajasthan High Court in its order dated 3rd July 2015 stayed the
operation of the Corrigendum thus effectively ordering the Government to
implement 85% pictorial warnings on both sides of all tobacco products. In
response MoHFW gave an affidavit that they would do so from April 1, 2016.
However the story did not end there. The Committee on Subordinate Legislation
(CoSL) has now submitted it’s Report recommending a diluted 50% pictorial pack
warnings. Public Health activists state that the CoSL has wrongly quoted facts
and has taken the tobacco industry side and forsaking the interests of public
health. They also state that the views of the Judiciary.
Speaking
on recommendations made by the CoSL, Sh. Dinesh Trivedi, Member of Parliament mentioned
that “The CoSL has gone beyond its mandate which is
to only look into whether an Order or Rule tabled in Parliament is in accord
with the general objects of the Constitution or the Act pursuant to which it is
made. The CoSL is not supposed to look into whether a Rule is suitable or not.”
Government
must take wise decision to save our population from tobacco than
recommendations made by such a committee.
Aishwarya
Bhati, Supreme Court Lawyer said, “the recommendations of the this CoSL are
regressive and go against the Rajasthan High Court that has ordered the Ministry
of Health & Family Welfare, Government of India to implement the 85% pack
warnings from 1st April 2016. In fact, the Supreme Court has already
ordered “Issue Rule” for plain packaging, which means they have asked why plain
packaging should not be implemented.”
Plain
packaging goes beyond 85% pictorial warnings.
Public
health professionals have decried the CoSL report saying that the committee is
still asking for studies to prove that tobacco is harmful. CoSL wants the Government spend more
resources on creating awareness whereas Public Health activists point out that
world over the best strategy is to put the warnings on the tobacco packets
itself at no cost to the public exchequer.
CoSL has also objected to the proposed pictorial warning on the
grounds that it will reduce tobacco use.
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