Question : COTPA Amendment Bill

(a) whether the Government proposes to bring a legislation/regulation to increase the age limit for tobacco consumption from 18 to 21 years;

(b) if so, the details and the timeline thereof;

(c) the other steps being taken by the Government to address underage tobacco consumption in the country;

(d) whether the Ministry is mandating any proposal to remove the provision of allowing designated smoking areas under the COTPA, 2003 as followed in many countries for tobacco control and also exists in the draft COTPA Amendment Bill, to reduce second hand smoking and if so, the details thereof; and

(e) whether the Government proposes to bring in COTPA Amendment Bill without any further delay and if so, the details thereof?

THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(DR. BHARATI PRAVIN PAWAR)

(a) to (e): The draft Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill, 2020, was hosted in public domain for pre-legislative consultation. The Ministry has received representations, comments and suggestions on the draft Bill.
The steps taken by the Government to address underage tobacco consumption in the country are as under;

As per Section 6 (a) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) read with Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2011, there is prohibition on sale of tobacco products to and by persons below the age of 18 years and as per Section 6 (b) of COTPA, 2003, there is prohibition on sale of tobacco products in an area within a radius of one hundred yards of any educational institution.

The Ministry has also issued the “Guidelines for Tobacco Free Educational Institution (Revised)” for effective implementation of Section-6 of COTPA, 2003, on 31st May, 2019; States have taken effective measures with Education departments for implementation of these Guidelines.

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