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Why this flip-flop on cigarette warnings, court asks Centre

Legal Correspondent


Tobacco lobby’s pressure behind delay in notification of rules: petitioner

Latest notification a serious dilution of pictorial warnings: judge


New Delhi: The Supreme Court on Tuesday questioned the Centre’s flip-flop on pictorial warnings on cigarette packs and asked Additional Solicitor-General (ASG) Gopal Subramaniam to furnish on Wednesday details of the minutes of a meeting of the Group of Ministers.

A Bench consisting of Justices B.N. Agrawal and G.S. Singhvi also asked the ASG to give details of the number of tobacco-related deaths from 2003 to 2009 and the amount of money spent on the treatment of patients. The Bench was hearing a petition filed by Health for Millions, which alleged that under pressure from the tobacco lobby the government had not only delayed the notification of the rules but also diluted the statutory pictorial warnings on cigarette packs.

“Minutes changed”

It was pointed out by senior counsel Indra Jaising that during the meeting on February 2, the GoM decided to have warnings on both sides of the pack but later the minutes were changed to the effect that “the pictorial warning shall be limited to 40 per cent of the principal display area on the front panel of the package only.”

She said that when the former Union Health Minister, Anbumani Ramadoss, signed the minutes on March 24, two days before he resigned, it was decided to have warnings on both sides of the pack. But the decision was suddenly changed to have warnings on only one side. At this juncture the Bench asked the ASG to furnish details of the minutes. Mr. Subramaniam agreed to produce the records and file an affidavit.

Justice Singhvi asked the ASG: “What is the need for change? What has prompted the government to change it? The latest notification is a serious dilution of the pictorial warnings.”

The ASG said: “We received various representations. Pictorial warning is an integral part of the plan to sensitise people. Let us get started with some warning. If it is not satisfied we can consider other options.”

Senior counsel Harish Salve, appearing for ITC, said: “We will start implement the warning from May 31.” The pictorial warning would not really help in India as people bought one or two cigarettes at a time and not always in packets. In smaller towns and cities unbranded cigarettes were being sold, counsel said.

Corrections and Clarifications

The fourth paragraph of a report "Why this flip-flop on cigarette warnings, court asks Centre" (May 6, 2009) was "She [senior counsel Indra Jaising] said that when the former Union Health Minister, Anbumani Ramadoss, signed the minutes on March 24, two days before he resigned, it was decided to have warnings on both sides of the [cigarette] pack." A reader said that as Dr. Ramadoss resigned on March 28 and the resignation accepted on March 29, it should have been "four days". The days in the report were what were mentioned by the counsel in court.

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