“Extreme Emergency Looms”: Madras High Court Issues Directions For Curbing Tobacco Use Among Children

Justice Bharatha Chakravarthy observed that there was an emergency considering the sudden surge of children using tobacco products and more specifically “Cool Lip” which in turn corrupted the body, mind, and soul of the children.

“Extreme emergency looms. There is a sudden spurt of children using Tobacco product more specifically a product named Cool Lip. Huge quantity of tobacco products are seized in State of Tamilnadu especially in and around the schools…Repeatedly questions of addiction of school children to tobacco products arise. Since, percolation from other neigbouring states where the products are permitted to be sold is alleged, it required detailed consideration,” the court observed.

The court thus directed that the Central Government to issue further directions under Section 86 of the Food Safety and Standards Act 2006 asking the States to ban “cool lip” which has already been classified as an unsafe food based on rules framed by the Central Government. The court added that the State Governments were bound to comply with the directions of the Central Government which were statutory in character.

The court also asked the State Government to establish Child Tobacco Cessation Centre in every district and function it in tune with the Guidelines issued by the Ministry of Health and Family Welfare and to ensure that at least one Specialist, Medical Social Worker, or Child Psychologist is available to counsel and treat the addicted children. The court also directed the State Government to implement the Tobacco Free Educational Institution Guidelines and the Implementation Guidelines in letter and spirit.

The court also asked the schools, both government and private to conduct regular oral/dental health checks for school students at least twice every academic year and look out for tobacco/nicotine stains. The court added that if any stains are present, the school could counsel the child and its parents without any public embarrassment ensuring the continued education of the child. Further, the court directed the Headmasters of every school to help and coordinate the treatment and periodical follow-up, ensuring the cessation of the tobacco habit of the child and its continued education.

The court also directed forming a two-member committee in every school consisting a teacher and a volunteer to periodically inspect the school premises and inform the concerned authority if there is any evidence of use of tobacco. Further, a mobile application could be developed to upload the information by the committee members and report the action. The court added that a District wise monitoring committee and State committee could be set up to oversee the functioning of the two-member committee.

The court also directed that the School Education Department could issue a circular enabling regular inspection of the bags of students without affecting their morale and have tie-ups with leading cancer hospitals where the children could be taken to create an awareness by visually demonstrating the conditions of cancer patients.

The court directed that a mobile number or toll-free number or website shall be created and publicized for any public to report the selling of tobacco products. Further, the Education Department and prosecuting agencies like the Commissioner of Food Safety shall periodically submit a report containing details of the number of children being treated, being rehabilitated etc as required by the Mission Management unit and authorities under the Drug Free Tamil Nadu mission.

The court also directed the prosecuting agencies to ensure that the manufacturer, distributor, and seller of the seized tobacco product is made liable under Section 27 of the Food Safety and Standards Act, and if it is a corporate entity, every employee who is actually involved as well as the directors liable for affairs of the company are prosecuted.

The directions were issued in a bail petition filed by a man who was found in possession of 27 packets of cool lip tobacco products. He was thus charged for offences punishable under Section 123 of the BNS and Section 24 (1) of the Cigarette and other Tobacco Products Act 2003. The court eventually granted bail while disposing of the plea with the above directions.

Counsel for the Petitioner: Mr. D. Venkatesh

Counsel for the Respondent: Mr.R.M.Anbunithi, APP, Mr.AR.L.Sundaresan, ASGI assisted by Mr.K.Govindarajan, DSGI, Mr.Veera Kathiravan, AAG Assisted by Mr.P.Thilak Kumar, Govt. Pleader, Mr.M.R.Sreenivasan, Mr.R.Mani Bharathi, Amicus Curiae

Citation: 2024 LiveLaw (Mad) 416

Case Title: Aunestraja v The State and Others

Case No: Crl.O.P.(MD)No.14942 of 2024