Madras HC Directs State Govt To Implement Tobacco Free Educational Institution Guidelines & Implementation Guidelines
The Madras High Court has directed the State Government to implement the Tobacco Free Educational Institution Guidelines and the Implementation Guidelines.
The Madurai Bench directed thus in view of a sudden spurt of children using Tobacco product more specifically a product named Cool Lip.
A Single Bench of Justice D. Bharatha Chakravarthy ordered, “As and when any tobacco product is seized near any school, then for selling it or attempting to sell it to Children, then the offenders shall be booked under Section 77 of the Juvenile Justice (Care and Protection) Act, 2015 or S.77 read with —- BNS as the case may be and they shall also be booked under Section 59 Food Safety and Standards Act, 2006.”
The Bench added that the manufacturer, distributor and seller, everyone is liable as per Section 27 of the JJ Act and if it is a corporate entity, every employee who was actually involved as well as all the directors who are liable for the affairs of the company are liable to be prosecuted as per Section 66 of the Act.
Advocate D. Venkatesh represented the petitioner while APP R.M. Anbunithi, Additional Solicitor General (ASG) AR.L. Sundaresan, Deputy Solicitor General (DSG) K. Govindarajan, Additional Advocate General (AAG) Veera Kathiravan, Government Pleader (GP) Thilak Kumar, Amicus Curiae R. Manibharathi, and Advocate M.R. Sreenivasan represented the respondents.
Background -
Huge quantity of tobacco products was seized in Tamil Nadu State, especially in and around the schools. Teachers were crying as they were unable to control, teach or do anything with these children who were using Tobacco products and getting into addiction and violent and indifferent behaviour. Even though all forms of Khaini and tobacco products are banned across the State, every day huge quantities of these products percolate from across borders are seized and it became a routine affair of every Court dealing with bail petitions with at least 10 cases arising out of this every day. The crackdown was made both by the Police and by the Food Safety Officers. The mafia of manufacturers, distributors, and sellers were specifically targeting school children and they wanted to catch them young so that they become their customers and consumers lifelong.
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 are initiated into tobacco consumption every day and 55% of them become completely addicted to it before the age of 20. Once the shops are raided, they come with a bag by walk or stand in a two-wheeler near the schools and sell these products to children. When police stepped up vigil, they even lured housewives living near the school to just keep it in their house and give it to children. The product named ‘Cool Lip’ is a dipping tobacco marketed in a dipping pouch like dip-tea. It has more nicotine content than the ordinary tobacco.
The High Court in the above context of the case, issued the following directions to the State Government –
(I) To implement the Tobacco Free Educational Institution Guidelines and the Implementation Guidelines in letter and spirit;
(II) To conduct oral/dental health checks for all the school students, both government and private schools, periodically and at least twice in every academic year and look out for tobacco/nicotine stains and, if the same is present, without causing any public embarrassment to the child, in a private manner, the parents and the child have to be counselled ensuring the continuance of the education of the child;
(III) As far as possible in every district, the Child Tobacco Cessation Centre shall be established and shall function in tune with the Guidelines issued by the Ministry of Health and Family Welfare and immediately ensure at least one Specialist, Medical Social Worker, or Child Psychologist is available to counsel/treat the addicted children;
(IV) The Head Masters of every school shall help and coordinate such treatment and periodical follow-up, ensuring the cessation of the tobacco habit of the child and continuing the education of the child;
(V) To formulate such methodology in consultation with child psychologists consider the due socio-economic and cultural background of the child;
(VI) To form a Two member Tobacco Monitoring Committee in every school consisting of one Teacher and one volunteer from PTA or from the vicinity, who will periodically inspect the premises of the school and the vicinity and inform the police station/food safety officer concerned if there is any evidence use of any tobacco product or selling of tobacco product to the children;
(VII) A mobile application can be developed to upload the information by the committee members, and reporting of the action, until such time the Whatsapp number as mentioned above can be continued;
(VIII) District-wise monitoring committees and State committee shall also be set up to oversee the functioning of the members below them;
(IX) Any Mobile Number or Toll-Free number or Website shall also be created and publicised for any public to report such selling of tobacco products;
(X) Every School shall comply with the ToFEI Guidelines by erecting boards, setting up monitoring committees, maintaining data/register recording compliance and self-analysing their score;
(XI) Decision can to be made by the School Education Department to issue a circular enabling regular inspection of the bags of the children discreetly without affecting the morale of the children;
(XII) The school education department shall in consultation with the health department shall have tie up with the leading government cancer hospitals and other private cancer hospitals, where the children should be created an awareness by visually demonstrating the conditions of the cancer patients by the Staff of the Hospital Concerned, subject to privacy of the patient and other rules, and this awareness programme by virtual mode shall be conducted in all the schools from where children shall get to know the sufferings of the patients and immediately the effects of tobacco shall be discussed in the class.
The Court further observed, “Tobacco, is dangerous because it is said to contain Nicotine and this particular product namely Cool Lip testing is said to contain about 1.7% and more in the various test reports and as such is classified as ‘unsafe food’ based on the rules framed by the Central Government under the Act. What is unsafe food for some states, cannot be termed as safe food for the rest of the states. Already a communication dated 05.12.201 is issued requesting the states to ban these items.”
The Court said that the State Governments are bound to comply with the directions and therefore, the Central Government shall consider the grave nature of the situation and issue further directions under Section 86 of the Food Safety and Standards Act, 2006 (FSSA).
“The wide use, immense popularity and appeal to the children and the unique nature of these new dipping/filter tobacco products shall be taken into consideration”, it added.
Accordingly, the High Court disposed of the original petition.
Cause Title- Aunestraja v. The State & Ors.
