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2023 Supreme(Mad) 1526
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Cyril Alexander State Convenor Tamil Nadu People`s Forum for Tobacco Control (TNPFTC) – Appellant
Versus
Union of India Rep. By its Principal Secretary, Ministry of Information & Broadcasting, New Delhi & Others – Respondents
W.P. No. 22513 of 2017 & W.M.P. No. 23633 of 2017
Decided On : 10-03-2023
For the Petitioner:P.T. Geotom Advocate. For the Respondents:R1 T.V. Krishnamachari, Standing Counsel Central Govt. R2 & R3, T. Venkatesh Kumar, Special Government Pleader R4, No Appearance. R5, S. Premalatha, Advocate.
The Cigarettes and Other Tobacco Products Act is essential for protecting public health and fundamental rights, and authorities must ensure its effective implementation.
Headnote:
Cigarettes and Other Tobacco Products - Prosecution under section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act, 2003 - Section 5, 22, 23
Fact of the Case:
The petitioner sought a writ to direct the prosecution of the 5th respondent under section 5 of the Cigarettes and Other Tobacco Products Act and action against the 4th respondent for dereliction of duty. The petitioner alleged violations of the Act in the film 'Kanchana-II' and requested action from the authorities.
Finding of the Court:
The court emphasized the importance of the Act in protecting public health and the fundamental right to life. It highlighted the responsibility of the State Level Monitoring Committee to prosecute offenders and the need for effective implementation of the Act.
Issues: Prosecution under the Cigarettes and Other Tobacco Products Act, violations in the film 'Kanchana-II', and dereliction of duty by the authorities.
Ratio Decidendi: The Act is crucial for protecting public health and fundamental rights, and the authorities must take appropriate actions to prosecute offenders and ensure effective implementation of the Act.
Final Decision: The court directed the respondents to initiate and continue appropriate actions in accordance with the provisions of the Act and Rules expeditiously.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to prosecute the 5th respondent under section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act, 2003 within a time frame fixed by this Court and further, directing the 1st respondent to take appropriate action against the 4th respondent for the dereliction of duty committed in respect of violations of law by the 5th respondent.)
1. The relief sought for in the present writ petition is to direct the 2nd respondent to prosecute the 5th respondent under section 5 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act, 2003 within a time frame fixed by this Court and further, directing the 1st respondent to take appropriate action against the 4th respondent for the dereliction of duty committed in respect of violations of law by the 5th respondent.
2. The petitioner is the State Convenor of the Tamil Nadu People''s Forum for Tobacco Control (TNPFTC) which is a network of individuals and professional associations, like-minded organisations and institutions, who are actively working towards tobacco control. The petitioner states that in India there are almost 275 Million Tobacco users and each year about 1 Million people die due to the use of Tobacco products and its ill-effects. The World Health Organisation (WHO) has formulated a convention on tobacco control namely “WHO Framework Convention on Tobacco Control”.
3. The grievance of the writ petitioner is that the 5th respondent has involved in certain illegalities with reference to the provisions of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act, 2003. Section 5(3) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act, 2003, reads as follows:
“5. (3) No person, shall, under a contract or otherwise promote or agree to promote the use or consumption of-
(a) Cigarettes or any other tobacco product; or
(b) Any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another persons.”
4. In order to reduce the unnecessary exposure of tobacco usage through films and TV programmes and to regulate the depiction of the tobacco products or their use in films and television programmes, the Government of India in exercise of the powers conferred by Section 31 of Cigarettes and Other Tobacco products (Prohibition of Advertisement and Regulations of Trade and Commerce, Production, Supply and Distribution) Act, 2003 framed rules. Thereafter, some amendments were made vide G.S.R.No.786 dated 27.10.2011 and another amendment to the rules was made vide G.S.R.No. 708(E) dated 21.09.2012.
5. According to the G.S.R.No. 708(E) dated 21.09.2012, new films and television programmes while displaying tobacco products or their use shall have;
(1) a strong editorial justification explaining the necessity of display of tobacco products or their use in the film to Central Board of Film Certification (CBFC).
(2) Anti-tobacco health spots of minimum 30 seconds duration each at the beginning and middle of the film or the television programme,
(3) Anti-tobacco health warning as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the film and television programme and
(4) An audio-visual disclaimer on the ill-effects of tobacco use, of minimum twenty seconds duration each, in the beginning and middle of the fil
