(a) whether the Government has recently imposed a ban on cigarette smoking
in films ;
(b) if so, the details thereof ;
(c) whether the Government has also imposed ban on the publicity of cigarette
through various advertisements in the country ;
(d) whether the sale of cigarette is still continuing openly despite the ban imposed
by the Government; and
(e) if so, the action taken/proposed to be taken by the Government against
the guilty person ?
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH & FAMILY WELFARE (SMT. PANABAKA LAKSHMI)
(a) & (b) Yes sir. Amendments to the Cigarettes and other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Rules 2004, were made vide notification dated 31.05.2005,
which inter-alia, provides that `no individual or a person or a character in cinema and
television programmes shall display tobacco products or their use`. It has been decided
to provide exemption for the following:
(i) Characters representing historical personalities or historical era;
(ii) Old films both Indian and Foreign;
(iii) Documentaries depicting dangers of tobacco use;
(iv) Live coverage of news, current affairs, interviews, public meetings, sports
events, cultural events being telecast in Television These provisions will come
into effect from 1st January 2006.
(c) Section 5 of ` The Cigarettes and other Tabacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce, Production,Supply
and Distribution) Act 2003`, which have come into effect from 1st May,2004,
prohibits advertisement which directly or indirectly suggests or promotes the
use of consumption of cigarettes and other tabacco products.The Act further
provides that no person shall promote any trademark or brand-name of tabacco
products in exchange for a sponsorship,
gift, prize or scholarship.
(d)The Government has imposed ban on advertisements only and not on sale of
cigarette products. Sale of cigarette is, however, prohibited to
(i) persons less than 18
years of age; and
(ii) within 100 yards of any educational institution.
(e)The Tabacco Control Act, 2003 has penal provisions whereby persons acting in
its contravention can be prosecuted. The Act is implemented mainly through the State
Governments who have been advised to enforce the provisions of the law strictly and put
in place necessary mechanisms.