The Counsel argued that the Preamble to the COTPA indicates the intention to enact a comprehensive law to prohibit the advertising of tobacco products and does not contemplate any prohibition on the sale of tobacco products.
One of the other arguments made today by the Petitioners was alleging lack of legislative competence of the Central Government to enact the COTPA and promote it as a public health measure since the same is a state subject. It also argued that the Supreme Court held in Ghodavat Pan Masala case that COTPA is not a legislation for the furtherance of public health. This argument will be explored in subsequent proceedings before the High Court.
The main arguments made today were that the packaging and labeling rules of 2008 and the 2014 amendments to these rules are ultra vires Article 19(1)(a), which guarantees free speech and Article 19(1)(g), which guarantees the right to freedom of trade.
CLPR is representing the Consortium for Tobacco Free Karnataka as an Intervenor on the grounds of public health. Starting today, we are reporting the summary of arguments taking place every day in court in these matters. A report of the court proceedings would not only serve as information for the public health community in the country to be aware and upto date with these proceedings, but also to document the arguments made in these petitions as these proceedings are one of the most important ones in the field of tobacco and public health in the country today.
By Aparna Ravi and Apurba Kundu When it comes to tobacco control in India,…
Discussion and debate on regulation of tobacco sale must highlight that it is not the concern of the Government to safeguard tobacco company shares. It is, however, unquestionably the duty of the Government to ensure that every sale of cigarette is accompanied by a statutory warning and that regulations do not make it easier for children to afford and access cigarettes.