As a member of the World Health Organization (WHO) community, India observes ‘World No Tobacco Day’ on May 31 every year to highlight the colossal health risks associated with the use of tobacco. Despite the fact that tobacco use causes more than 1.3 million deaths every year in the country, more than 28 per cent or nearly 270 million adults and 14.6 per cent youth (ages 13-15) currently use some form of tobacco which puts them at amplified risk of cancer, other cardio-vascular diseases and lung disorders.

According to the Global Adult tobacco Survey vast majority of tobacco users start using tobacco well before the age of 18 which has enormous psychosocial and health effects. It is also evident from studies that if a person is not addicted to tobacco use till 18 years, the chances of him taking up the habit thereafter are very slim. This seems to be the main reason for tobacco industries to attract the young and naive to the world of tobacco. “Catch them young” has become their motto. And the use of tobacco products is projected as synonymous with adulthood, modernity, affluence, social class norm, elegance, etc. Considering this persistent threat, this year’s World No Tobacco Day theme, “Protecting children from tobacco industry interference,” carries immense significance in the fight against tobacco use.

So, let us use this day as a launching pad to strengthen the existing legal regime to shield our children and future generations from the negative consequences of tobacco. The Government of India enacted the “Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and ratified the WHO-Framework Convention on Tobacco Control (WHO FCTC) with the ultimate goal to reduce the prevalence and reverse the tobacco epidemic. The COTPA mainly sought to protect non-smokers from involuntary exposure to tobacco smoke by making public smoking an offence.

The Act also sought to protect minors (persons below 18 years of age) from being addicted and therefore criminalized the sale of tobacco products to minors. However, the Act did not prohibit consumption of tobacco products but sought to empower the consumers by educating them about harmful effects of tobacco consumption so that they may make informed choices. The Act accordingly made it mandatory to display written and pictorial warnings on product packages. It also prohibited the advertisement of cigarette and tobacco products except on point of sale and on the package.

The COTPA regime was useful to a certain extent in defying the tobacco industry’s tactics to advertise and promote tobacco use in India. The Juvenile Justice (Care and Protection of Children) Act 2015 was later amended by the Parliament to give anti-tobacco campaigners a reason to cheer by providing stringent punishment for those selling tobacco products or cigarettes to minors. This Act recognizes the harmful effects of tobacco and the tobacco industry’s menacing design to specifically target vulnerable children as their new consumers. The offender will face a jail term of seven years and a fine of Rs 1 lakh against the earlier Rs 200 fine imposed under the Cigarettes and Other Tobacco Products Act (COTPA). With this Act, India has become the only nation in the entire world to impose such a harsh penalty for selling to minors and selling by minors.

However, despite the Government’s best efforts to effectively enforce the law and civil society’s efforts to ensure that violations are adequately reported, the industry has been sufficiently effective in targeting children. The industry designs products to appeal to younger audiences, such as flavored tobacco products and ecigarettes. These products often have higher nicotine content and come in forms that are easy to hide from adults. The fear of falling sales, adverse articles and medical and media reports have prompted the tobacco industry to innovate new ways to promote their products amongst children through food products and stationery products intended for the use of children. In this process, industry is aggressively engaging Indian cinema and sports celebrities to aid them in their efforts to target children. Indian films often glamorize smoking and other forms of tobacco use. When popular actors are seen smoking on-screen, it not only normalizes tobacco use but also makes it acceptable and desirable. Studies show that children and adolescents are more likely to start smoking if they see their favourite stars smoking in movies. This visual endorsement can be particularly influential in shaping their attitudes and behaviours towards tobacco use.

Indian celebrities have been involved in direct and surrogate endorsements of tobacco products, despite regulations prohibiting such advertisements. These endorsements can have a strong persuasive impact, especially on a younger audience. Tobacco companies actively lobby against public health regulations aimed at reducing tobacco use among children. They fund front groups and use legal challenges to weaken policy measures. The industry uses its corporate social responsibility (CSR) activities to improve its image and deflect regulatory scrutiny. These activities often target youth under the guise of promoting education and sports, indirectly fostering brand loyalty.

In view of the increasing tobacco industry interference and circumvention of the law, there is an urgent need to further strengthen the laws to prevent the tobacco industry from adulterating our children. Ahead of WNTD on the theme of protecting children, we need to fortify the anti-tobacco campaign through increased taxation, creating awareness, more smoke-free areas, stricter regulations on sales and marketing of tobacco products and the exploitation of digital platforms to target young consumers.

Besides all these, section 77 of the Juvenile Justice Act must be enforced strictly. For that, an officer not below the rank of ASI with aptitude, appropriate training and orientation may be designated as the child welfare police officer to exclusively deal with children either as victims or perpetrators, in coordination with the police, voluntary and non-governmental organizations. Together, let’s strive to save our children from tobacco industry interference and ensue a more promising tobacco-free future

(The writer is Vice-Chancellor, National Law University Tripura)