Smokers go off the hook in UP, Bihar

Rajasthan, Punjab and Gujarat have emerged as the most "risky" states in India for those selling tobacco products to anyone below 18 year of age, or selling it within 100 yards of any educational institution. In fact, Rajasthan has fined 29,885 persons for these offenses in the last financial year of 2018-19 while the respective figure for Punjab and Gujarat are 23886 and 8712. (see box)

But not all states have shown a similar vigour in taking the violators to task. A big state like Uttar Pradesh has fined only 56 persons for these offences. The corresponding figure for Madhya Pradesh is 158 while for Bihar, it is just 268. Clearly, one is more likely to go unpunished in these states.

The figures of challan slapped against violators under Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) suggests as much.

Sale of cigarettes or any other tobacco products to any person below 18 years of age is already prohibited. So is the sale of tobacco to anyone within a radius of 100 yards of any education institution.

But if one goes by Minister of State (Health and Family Welfare), Ashwini Kumar Choubey's last week's submission to the Rajya Sabha, it seems the prohibitions are just rules constrained by several exceptions.

For instance, while smoking has been banned in Patna and Bihar's capital city declared a no-smoking zone three years ago, smokers have largely gone unchecked. On the other hand, however, only 130 persons have been fined in Bihar in the last financial year for selling tobacco to anyone under 18 years of age.

Another 138 persons have been fined for either smoking or selling tobacco products in an area within a radius of one hundred yards of any educational institution.

An amount of just Rs 2400 has been collected from them, making it very affordable for the offenders to go off the hook by paying a small price. "It indeed seems a case of little awareness and poor implementation, " accepts a senior police officer.

Incidentally, public places in Patna and 12 other districts of Bihar have been declared no smoking zones under the Cigarettes and Other Tobacco Products Act, 2003 (Copta), with Munger being the first district to do so in 2013.

"What to talk about 100 yards, I have seen small hotels and make shift shops selling tobacco openly near various educational institutions in Patna. They do it with impunity," said a student of Patna University.

Tobacco usage has been identified as a major hurdle undermining developmental gains worldwide. It is also the foremost preventable cause of premature morbidity/ mortality.

Tobacco products contain nearly 5000-7000 toxic substances, the most dangerous being nicotine, carbon monoxide and tar.

Cigarette, bidi, cigar, hookah, sheesha, tobacco chewing, clove cigarettes, snuff and e­cigarette are the commonly used forms.

WHO reports highlight that each year, direct tobacco usage/secondhand smoke kills nearly six million individuals; and that it is a major risk factor for majority of the Non smokers.

Further, among communicable diseases, tobacco is responsible for nearly 4-5 per cent of the mortality due to lower respiratory infections and tuberculosis. It is envisaged that by 2030, mortality due to tobacco-related illnesses will be close to 8 million.