Free Distribution of Tobacco Products to Children Prohibited
The Government has enacted “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) in 2003. Section 5 of the COTPA prohibits all forms of advertisement, promotion and sponsorship of tobacco products. Free distribution of tobacco products amounts to promotion which is prohibited under the Act.
Any violation of this provision is a punishable offence with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both for first offence AND in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.
Further as per Section – 6 COTPA, 2003, prohibits sale to and by minors (below 18 years of age) and within a radius of 100 yards of all educational institutions.
Any violation of this provision is a punishable offence with fine which may extend to two hundred rupees.
Article 13 of WHO Framework Convention on Tobacco Control (FCTC) on Prohibition on tobacco advertising, promotion and sponsorship (including cross-border advertising) and Article 16 on Prohibition on sale of tobacco products to and by minors are both relevant in this context.
Further Government has also notified the Rules to regulate the depiction of tobacco scenes in movies and TV programmes vide G.S.R 786 dated 27th October, 2011 and implemented w.e.f 14th November, 2011. These Rules prohibit the depiction of tobacco products or their usage in promos and posters of films and television programmes thereby protecting the children from unnecessary exposure of tobacco products.
Source : GOI website
