Transcript www.burningbrain.org Burning Brain Society greets all the people who are working for a positive change FCTC, Tobacco legislation, Civil Society & Hope Interaction by: Hemant Goswami Feel free.

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Burning Brain Society
greets
all the people who are working for a
positive change
FCTC, Tobacco legislation, Civil Society & Hope
Interaction by:
Hemant Goswami
Feel free to ask anything, anytime.
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There is a disease which
starts years before it
manifests itself into
something which can be
diagnosed and addressed
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FCTC – What is it?
FCTC is a legally binding international
treaty which prescribe treatment to the
identified social malady "Tobacco.” The
magnitude of the tobacco problem can be
gauged from the fact that the rarely used
Article 19 of WHO constitution has been
put into effect for this convention.
FCTC shall be legally binding on all the countries who ratify
it. India ratified FCTC on February 5, 2003. Till date 168
countries have signed the FCTC and 75 have ratified it. The
convention of parties shall begin one year from from Feb.
27, 2005.
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The Basics about FCTC
The FCTC is a legally binding treaty which was negotiated by the 192
member states of the World Health Organization (WHO). The world’s first
public health treaty, the FCTC contains a host of measures designed to
reduce the devastating health and economic impacts of tobacco. The final
agreement, reached in May 2003 after nearly four years of negotiations,
provides the basic tools for countries to enact comprehensive tobacco
control legislation. Key provisions in the treaty encourage countries to:
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Enact comprehensive bans on tobacco advertising, promotion and sponsorship;
Obligate the placement of rotating health warnings on tobacco packaging that cover at
least 30 percent (but ideally 50 percent or more) of the principal display areas and can
include pictures or pictograms;
Ban the use of misleading and deceptive terms such as "light" and "mild";
Protect citizens from exposure to tobacco smoke in workplaces, public transport and
indoor public places;
Combat smuggling, including the placing of final destination markings on packs; and
Increase tobacco taxes
The FCTC also contains numerous other measures designed to promote and protect
public health, such as mandating the disclosure of ingredients in tobacco products,
providing treatment for tobacco addiction, encouraging legal action against the
tobacco industry, and promoting research and the exchange of information among
countries.
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What FCTC intends?
Article 3
Objective
The objective of this Convention and its protocols is to
protect present and future generations from the
devastating health, social, environmental and economic
consequences of tobacco consumption and exposure to
tobacco smoke by providing a framework for tobacco
control measures to be implemented by the Parties at the
national, regional and international levels in order to
reduce continually and substantially the prevalence of
tobacco use and exposure to tobacco smoke.
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The Guiding Principles of FCTC
Article 4
Guiding principles
Every person should be informed of the health consequences; addictive
nature and mortal threat posed by tobacco consumption and exposure
to tobacco smoke and effective legislative, executive, administrative or
other measures should be contemplated at the appropriate
governmental level to protect all persons from exposure to tobacco
smoke.
2. Strong political commitment is necessary to develop and support, at the
national, regional and international levels
(a) the need to take measures to protect all persons from exposure to
tobacco smoke;
(b) the need to take measures to prevent the initiation, to promote and
support cessation, and to decrease the consumption of tobacco
products in any form;
7. The participation of civil society is essential in achieving the objective
of the Convention and its protocols.
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The threat and the forewarning
 From the Preamble;
Recognizing the need to be alert to any efforts by the
tobacco industry to undermine or subvert tobacco
control efforts and the need to be informed of activities
of the tobacco industry that have a negative impact on
tobacco control efforts,
 From Article 5; General obligations
3. In setting and implementing their public health
policies with respect to tobacco control, Parties shall
act to protect these policies from commercial and other
vested interests of the tobacco industry in accordance
with national law.
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COTPA - Are we
following the spirit?
How effective? What the Civil Society can do?
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Tobacco Advertising,
Promotion & Sponsorship
 FCTC: Article 13: Parties recognize that a
comprehensive ban on advertising,
promotion and sponsorship would reduce
the consumption of tobacco products.
 COTPA: Section 5:(1) ….. and no person
shall take part in any advertisement which
directly or indirectly suggests or promotes
the use or consumption of cigarettes or any
other tobacco products. ……….
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Why it is important and why
we are failing?
 It is known the world over that by simply restricting the
advertisement of tobacco products there is a reduction in
instances of tobacco consumption by approximately 7%.
 Tobacco companies are known to subvert the attempts. Example
“Red & White Bravery Awards,” “Gold Flake Expressions Cards,”
“Pan Parag Non Tobacco Pan Masala,” “Wills Lifestyle,” “502
Pataka Chai,” “Kuber Namkeen,” etc. are all forms of suggestive
indirect advertisement. No one is bothered to take care of these
indirect advertisements which have immense brand recall value.
The civil society has an important role to play here. Use the
independent judiciary to bring the violators to book. File
complaints of omission to perform lawful duty against the
responsible government officials under Section 166 of I.P.C.
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Areas of focus to handle
subversion tactics
 The legislation is weak and must be given more teeth so
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that it is effective. An amendment is necessary. But this
in no way prevents from the present provisions being put
to force.
Politicians have more-or-less performed their duty by
enacting the legislation. It is the executive and the
administrative arms of the state who are lacking behind.
The liaison between the executive and administrative
officials and the tobacco companies is playing a big role.
Personal Preferences are overriding the lawful
responsibilities.
The size of the problem is discouraging many. The
solution is not overnight.
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A climb down in some ways
 Section 278 of the IPC: Making atmosphere noxious to health:
- Whoever voluntarily vitiates the atmosphere in any place so
as to make it noxious to the health of persons in general
dwelling or carrying on business in the neighborhood or
passing along a public way, shall be punished with fine which
may extend to five hundred rupees.
 Section 21 of COTPA: Penalty for smoking in certain places:
Whoever contravenes the provisions of section 4 shall be
punishable with fine which may extend to two hundred
rupees.
We need to rethink and be serious enough to levy a penalty
which is a real deterrent. Token acts serve no purpose.
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A climb down in some ways
 Section 293 of the IPC: Sale, etc., of obscene objects to young
person:--Whoever sells, lets to hire, distributes, exhibits or
circulates to any person under the age of twenty years any such
obscene object as is referred to in the last preceding section, or
offers or attempts so to do, shall be punished on first conviction
with imprisonment of either description for a term which may
extend to three years, and with fine which may extend to two
thousand rupees, and, in the event of a second or subsequent
conviction, with imprisonment of either description for a term
which may extend to seven years, and also with fine which may
extend to five thousand rupees.
 Section 24 of COTPA: For selling tobacco to children: Any
person who contravenes the provisions of section 6 shall be
guilty of an offence under this Act and shall be punishable with
fine which may extend to two hundred rupees.
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Some other FCTC directions
Article 6
Price and tax measures to reduce the demand for tobacco
The Parties recognize that price and tax measures are an effective and
important means of reducing tobacco consumption by various
segments of the population, in particular young persons.
Article 7
Non-price measures to reduce the demand for tobacco
The Parties recognize that comprehensive non-price measures are an
effective and important means of reducing tobacco consumption.
Each Party shall adopt and implement effective legislative,
executive, administrative or other measures necessary to
implement its obligations
Article 15(7)
Provision suggesting licensing of tobacco shops
Each Party shall endeavor to adopt and implement further measures
including licensing
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A practical way of controlling
tobacco in INDIA: A Suggestion
License all the tobacco shops
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Anyone who so ever wish to sell tobacco must
obtain a license to do so.
This way we can control the random growth of
tobacco vendors.
Stop the sale of tobacco by and to minors.
Restrain ever shop owner from selling tobacco.
Restrain the promotion of tobacco products over
the counter as the number of counters shall be
reduced.
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THE BENEFITS OF LICENCING
TOBACCO SHOPS
 Besides it shall provide additional revenue
which can be used by the State to promote
the Tobacco Free Initiative activities.
 The budget of anti-tobacco campaigns which
at present is close to nothing will come at par
with that of tobacco companies.
 The influence of tobacco companies over the
policy makers will reduce because the
revenue will start flowing from other quarters.
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What can we do for this?
 Lobby for a central policy on licensing of tobacco
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shops.
Ask the respective State Governments to license
tobacco shops.
Correspond with all the responsible people. Keep the
flow of the communication.
Sell the idea to others and let them pass it as their
own idea. Transfer the ownership.
Share the benefits of licensing tobacco shops with
the policy makers, media and opinion makers.
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What can we do? How
 We can become a role model.
 Coordinate with all the other organization
working against tobacco.
 Encourage youngsters to join anti-tobacco
drives and campaigns.
 Demand our right to live in a smoke free
environment.
 Boycott all officials, companies, shops and
stores which promote tobacco products.
 Spread awareness about the law and point out
the lapses without fail. Demand enforcement.
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Some more….
 Take tobacco by its horns. Resort to legal remedies
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when other actions fail.
Do not be carried of by the designation of people or
their rhetoric's. Let’s remain true to our objectives.
Do not be afraid of criticizing and suggesting.
Let other know that our criticism and actions are
issue based and not directed towards a person or an
organization.
Speak against tobacco, speak often and be loud and
clear.
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Is a Change possible?
 YES; but don’t expect miracles overnight.
 20-50 years is but a very small time for
bringing a social change.
 YES, but you may never get any credit for it.
Never Mind. Pass on the credit.
 The kind of satisfaction it will give you and
the values which you will impart can not be
quantified.
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We can do it together
All social changes are brought by a handful of
people. Social change is very rarely a mass
movement. People who direct the efforts for
change are always a very small bunch of
dedicated people. History has it.
Let’s move with the spirit of FCTC. Let’s
lead and take our world in a
positive direction.
WE CAN DO IT.