MADURAI: Alarmed by the increasing addiction among school students for tobacco products like 'Cool Lip' that are allegedly being smuggled into Tamil Nadu from neighbouring states, the Madurai Bench of the Madras High Court recently directed the central government to issue necessary directions to all states to ensure that such products are banned across the country.
Justice D Bharatha Chakravarthy passed the order on a bail plea filed by one Aunestraja, who was arrested for possessing Cool Lip packets in August 2024. Observing that at least 10 such petitions are filed before him every day, the judge said a closer scrutiny of the petitions revealed that despite the ban, huge quantities of banned tobacco products are being smuggled from neighbouring states into TN, targeting school students.
Even as per the Global Youth Tobacco Survey (GYTS) 2019 data 8.5% of school students in the age group of 13 to 15 consume tobacco. It is estimated that 5,500 children (in India) are initiated into tobacco consumption every day and 55% of them become completely addicted to it before the age of 20, the judge added. "This menace can leave our children with a corrupt body, mind and soul," he observed, and suo motu impleaded the central and state government, food safety authorities, tobacco manufacturers as parties to the case.
After hearing all the parties concerned on the existing legal barriers against the menace, measures being taken by the government to curb it and the difficulties involved in it among others, the judge issued a series of directions to all stakeholders. The prosecuting agencies were told that whenever a tobacco product is seized near any school, the offenders should be booked under the Juvenile Justice Act, 2015 and Food Safety and Standards Act, 2006 as well. The agencies should see to it that not just the seller, but the manufacturer, distributor, directors and employees of the company are all prosecuted, he added.
Similarly, 13 directions were issued to the state government, including establishment of Child Tobacco Cessation Centres in all districts, forming two-member monitoring committees consisting of a teacher and a PTA member in every school, collaborative efforts by the school education and health department to create awareness among school students, among others. The authorities should submit a periodical report to the Drug Free Tamil Nadu Mission, he added.
The judge further pointed out that tobacco is classified as 'unsafe food' under the rules framed by the central government. The Union Health Ministry had already issued a communication to all states and union territories on December 5, 2016 to ensure that manufacture, storage, distribution or sale of gutka or pan masala or any other products marked separately having tobacco or nicotine in the final product is prohibited in all forms, the judge noted.
"What is unsafe food for some states cannot be termed as safe food for the rest of the states," he observed and directed the central government to consider the grave nature of the matter and issue further directions to the state governments, adding that the state governments are bound to comply with the directions.
