Lok Sabha Question No. 577 (UNSTARRED), answered on 2022-12-09
Subject: Sale and Consumption of Tobacco
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Shankar Lalwani, Kirit Premjibhai Solanki, Bharatiben Dhirubhai Shyal

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTION NO. 577 TO BE ANSWERED ON 09 TH  DECEMBER, 2022

## SALE & CONSUMPTION OF TOBACCO

## 577   SHRI SHANKAR LALWANI: DR. (PROF.) KIRIT PREMJIBHAI SOLANKI: DR. BHARATIBEN DHIRUBHAI SHIYAL:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether there is any provision regarding fine and punishment in case of sale and purchase of tobacco by children;
- (b) if so, the details of such cases registered during the last five years and the action taken thereon, State-wise;
- (c) whether the  Government proposes to bring a regulation to decrease/check the consumption  of  tobacco,  especially  among  the  younger  generation/minors  and  if  so,  the details along with the timeline thereof; and
- (d)  the  details  of  the  steps  taken/likely  to  be  taken  by  the  Government  to  save  the  young generation/minors from tobacco addiction?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE

(DR. BHARATI PRAVIN PAWAR)

(a) and (b): As per Section 24 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003), there is a provision for punishment of sale of cigarettes or any other tobacco products in certain places or to the persons below the age of eighteen years. As per the information received from States/Union Territories, the number of persons fined for violation of the provisions of Section 6 of COTPA, 2003 is at Annexure .

(c)  The  draft  Cigarettes  and  Other  Tobacco  Products  (Prohibition  of  Advertisement  and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill, 2020, was hosted in public domain for pre-legislative consultation.

(d): Various steps have been taken by the Government to save the young generation/minors from tobacco addiction. Some of the major steps are as under;

-  As  per  Section  6  (a)  of  Cigarettes  and  Other  Tobacco  Products  (Prohibition  of Advertisement  and  Regulation  of  Trade  and  Commerce,  Production,  Supply  and Distribution)  Act,  2003  (COTPA,  2003)  read  with  Cigarettes  and  Other  Tobacco Products  (Prohibition  of  Advertisement  and  Regulation  of  Trade  and  Commerce, Production, Supply and Distribution) Amendment Rules, 2011, there is prohibition on sale of tobacco products to and by persons below the age of 18 years and as per Section 6 (b) of COTPA, 2003, there is prohibition on sale of tobacco products in an area within a radius of one hundred yards of any educational institution .
-  The  Ministry  has  also  issued  the  ' Guidelines  for  Tobacco  Free  Educational Institution (Revised)' for effective implementation of Section-6 of COTPA, 2003, on 31 st May, 2019; States are taking effective measures with Education departments for implementation of these Guidelines.
-  Public Health is a State subject and the primary responsibility for enforcement of the Act, lies with the State Governments. The Union Government has requested the State Governments  to  undertake  enforcement  drives  for  effective  implementation  of  these provisions of COTPA, 2003.
-  Regular  and  sustained  awareness  is  carried  out  about  the  adverse  effects  of  tobacco usage on health through various anti-tobacco campaigns.

***********

## ANNEXURE

| S.No   | Name of State/UT   | 2017-18              | 2018-19              | 2019-20              | 2020-21              | 2021-22              |
|--------|--------------------|----------------------|----------------------|----------------------|----------------------|----------------------|
| S.No   | Name of State/UT   | No. of persons fined | No. of persons fined | No. of persons fined | No. of persons fined | No. of persons fined |
| 1.     | Andhra Pradesh     | 0                    | 0                    | 0                    | 0                    | 200                  |
| 2.     | Andaman & Nicobar  | 0                    | 0                    | 0                    | 0                    | 0                    |
| 3.     | Arunachal Pradesh  | 2                    | 0                    | 56                   | 1                    | 8                    |
| 4.     | Assam              | 37                   | 10                   | 6                    | 0                    | 0                    |
| 5.     | Bihar              | 0                    | 0                    | 0                    | 420                  | 103                  |
| 6.     | Chhattisgarh       | 391                  | 0                    | 0                    | 0                    | 431                  |
| 7.     | DD and DNH         | 0                    | 0                    | 0                    | 0                    | 0                    |
| 8.     | Delhi              | 1027                 | 771                  | 16578                | 278                  | 63                   |
| 9.     | Goa                | 0                    | 0                    | 0                    | 0                    | 0                    |
| 10.    | Gujarat            | 73590                | 77540                | 89043                | 49202                | 25848                |
| 11.    | Haryana            | 0                    | 0                    | 0                    | 1                    | 46                   |
| 12.    | Himachal Pradesh   | 0                    | 0                    | 0                    | 0                    | 48                   |
| 13.    | J&K(Jammu Div.)    | 2                    | 1                    | 25                   | 6                    | 6                    |
|        | Kashmir Division   | 0                    | 0                    | 0                    | 0                    | 0                    |
| 14.    | Jharkhand          | 276                  | 318                  | 151                  | 743                  | 566                  |
| 15.    | Ladakh             | 0                    | 0                    | 0                    | 0                    | 0                    |
| 16.    | Lakshadweep        | 0                    | 0                    | 0                    | 0                    | 0                    |
| 17.    | Karnataka          | 3836                 | 1482                 | 6818                 | 5837                 | 10403                |
| 18.    | Kerala             | 4500                 | 4178                 | 5073                 | 1195                 | 1815                 |
| 19.    | Maharashtra        | 497                  | 6642                 | 3366                 | 1272                 | 2119                 |
| 20.    | Manipur            | 0                    | 0                    | 0                    | 0                    | 0                    |
| 21.    | Meghalaya          | 0                    | 151                  | 64                   | 0                    | 8                    |
| 22.    | Mizoram            | 48                   | 117                  | 40                   | 0                    | 7                    |
| 23.    | Nagaland           | 0                    | 0                    | 0                    | 0                    | 0                    |
| 24.    | Odisha             | 637                  | 356                  | 734                  | 2185                 | 6627                 |
| 25.    | Puducherry         | 25                   | 24                   | 68                   | 0                    | 28                   |
| 26.    | Punjab             | 25139                | 23886                | 21633                | 8609                 | 13956                |
| 27.    | Rajasthan*         |                      |                      |                      |                      | 342637               |
| 28.    | Sikkim             | 30                   | 25                   | 37                   | 43                   | 40                   |
| 29.    | Tamil Nadu         | 1129                 | 2763                 | 1946                 | 1774                 | 310                  |
| 30.    | Telangana          | 0                    | 101                  | 320                  | 952                  | 182                  |
| 31.    | Tripura            | 0                    | 0                    | 0                    | 0                    | 0                    |
| 32.    | Uttarakhand        |                      |                      |                      |                      | 216                  |
| 33.    | Uttar Pradesh      | 84                   | 95                   | 23                   | 19                   | 149                  |
| 34.    | West Bengal        |                      |                      |                      |                      | 1264                 |

Data for Section 4 & 6 of COTPA, 2003 combined.