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Aparna Kalra
New Delhi, Aug 9: The Supreme Court (SC) on Monday issued notices to cigarette majors ITC, VST Industries, Godfrey Philips and GTC Ltd on a public interest litigation (PIL) filed by former Congress MP Murli Deora, charging these companies with flouting laws by not displaying statutory warnings prominently in the advertisements of their products.
The apex court has also sought the Attorney General's views on the issues raised by Deora.
A division bench, comprising justices Sujata V Manohar and RP Sethi, issued the notice limited to the question on statutory warnings. The PIL also raised issues ranging from passive smoking to a Rs 500-crore compensation to be collected from the companies.
Reacting to the court's judgment, the cigarette majors said that the anti-tobacco lobby had not scored a major victory, as the apex court has not issued any notice on the Rs 500-crore compensation claim that was being sought.
The Tobacco Institute of India, which represents leading industry players like ITC, GPI andVST Ltd, said in a statement: "Since notices were issued on the limited question of compliance with the statutory warnings, the court did not issue any notice to The Tobacco Institute of India, which had also been named as a respondent in the PIL."
ITC sources said that the PIL was deemed to be inspired by a US litigation, not having a direct cause of action in contemporary Indian context.
The sources added that after the SC notices, confined to statutory warnings, Deora's PIL had become a complaint against the Cigarette Act of 1975, limiting the scope to the twin issues of cigarette advertising and sports sponsorship by cigarette brands.
Arguing before the apex court on behalf of the petitioner, senior advocate Indira Jaisingh contended that the "statutory warning regime is shamelessly flouted by tobacco companies, which resort to every possible measure to make the warning inconspicuous, including resorting to surrogate advertising and brand stretching."
Giving an example, she said the players in atournament sponsored by a cigarette company wear the logo of the company but without the statutory warning.
The Cigarettes (regulation of production, supply and distribution) Act of 1975 makes it mandatory for the manufacturers to display boldly the statutory warning.
Terming the law in India in this regard as "hopelessly unsatisfactory", Jaisingh said this had encouraged foreign periodicals like `Time' to publish tobacco advertisements in India without any warning.
The petitioner has highlighted that an estimated 6.3 lakh Indians die every year due to tobacco smoking-related diseases and sought a damage of Rs 500 crore from the tobacco companies towards citizens' healthcare.
Deora has cited the American example, where, the tobacco giants were forced by the legal authorities to pay over $400 billion towards citizens' healthcare.
The petitioner, contrasting the tighter regimen in different developed countries on sale of tobacco products with that in India, said the legislature had realised theharmful effects of smoking, yet done precious little to regulate it.
"Instead of controlling and regulating the use of tobacco products, the government has encouraged their sale and consumption," Deora said, and added, "in 1979, tax on raw tobacco was abolished to prevent `harassment' of farmers."
He has requested the SC to direct the Union ministry of health and family welfare to frame a national tobacco policy, which should address the manufacture, marketing, sale, advertisement, distribution and consumption of tobacco products.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
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