Finally "Red & White" officially buried
Chandigarh, July 22, 2005;
After about three year of struggle and two years of ground level activism,
Burning Brain Society had some reason to smile.
To recapitulate, BBS had filed a
Public Interest Litigation asking the Punjab & Haryana High Court to restrain
the award function in the name of the cigarette brand “Red & White”; to stop all
the tobacco companies from doing indirect form of advertisements and for proper
implementation of the tobacco act.
The tobacco company “Godfrey
Phillips India Ltd (GPI)” yesterday declared in the Punjab & Haryana High Court
that it shall be dropping the name of the cigarette brand “Red & White” from its
award functions. Since the last 13 year GPI was conducting a bravery award
functions in the name of one of its cigarette brand which was promoted with the
same theme and punch line of bravery and had senior government officials and
politicians including Governors at their beck and call.
Regarding the involvement of
senior government officials, the Chandigarh Administration by an affidavit filed
through their Director Health Services said that the offense is yet to be
examined by the officials notified by the administration. While the state of
Haryana in its reply said that it did not authorize any of their officials to
attend the function of any tobacco company. It is worth mentioning their senior
officials of the Haryana Government including the Chief Secretary, Home
Secretary, Principal Secretary, etc. had been regularly participating in the
tobacco companies function.
It is quite interesting to note
that while the State Governments are denying the involvement of its officials
(which was otherwise widely publicized in the newspapers), the tobacco company
has expressly stated in its written statement in the high court that all the
highly placed people mentioned in the writ petition participated in its
function.
While on the one end the
Government is vouching to finish all indirect form of advertisement and on the
other the State Government of Haryana, Punjab and U.T of Chandigarh have even
denied that instituting an award in the name of a cigarette brand is an indirect
form of advertisement banned under the law. The State Governments are hell bent
to prove that no offence has been committed. The Union of India (GoI), Ministry
of Health was also a respondent and didn't even care to file a written statement
or even appear in the court.
Anyhow Burning Brain made a
difference despite all the oppositions and apathy. A battle has been won but
still it's a very long way to go. Are you with us?
Chandigarh Administration notifies the officials to enforce
anti tobacco legislation
Chandigarh, July 22, 2005; A fifteen months lull over the
the officials who will act for enforcing the anti tobacco laws in Chandigarh
finished yesterday when in the Punjab Haryana High Court, replying to the writ
filed by BBS, the Chandigarh Administration declared that the notification has
been brought into force from today. A copy of the (draft) notifications was
provided to the court and BBS.
After the notification regarding the authorized officials, the
provisions of law to fine people smoking in public, the shopkeepers selling
tobacco products to minors or within the radius of 100 yards can be exercised.
Each instance of violation attracts a fine of Rs.200 (Approx 4 US$). The officer
empowered is a police officer of the rank of Inspector. The officer having the
power to compound the offence under Section 28 of the Act shall be Sub
Divisional Magistrate (Central) of Chandigarh. All officers above the rank of
Sub-Inspector of police, all the food inspectors and drug inspectors have been
empowered to act under Section 12 of the cigarette and other tobacco products
act 2003.
The notification under section 12, 25 and 28 was supposed to
come by May 1, 2004 but for the casual attitude of the senior officials and
affiliations and influence of tobacco industry delayed the process. The Haryana
Government, whose Chief Secretary was a special guest of honour in tobacco
companies function in 2004 and the Home Secretary, Principal Secretary and other
senior officials participated in 2005 tobacco sponsored function, has not
notified the relevant provisions of the anti tobacco act till date. It appears
that they had enough time to coordinate with the tobacco company and participate
in their function but are too occupied to bring out a 90 word notification.
The unofficial view of a very senior official is that since the present Chief
Minister is also a chain smoker so the enforcement of the law will remain a far
fetched dream. We do not think so because the notification was to be issued over
a year before the present CM occupied the office. It is clearly the influence of
the tobacco companies and the personal interest of the bureaucrats which is
preventing the anti-tobacco laws from being enforced.
Hope our voice reaches the CM and he takes interest to bring out
the notification even if it be against his personal preferences. The fact
remains that in India tobacco causes near 1 million deaths every year and the CM
can certainly not be ignorant of it. We are sure that he would like to see the
children of Haryana grow as healthy adults.
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