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Finally "Red & White" officially buried
 

Chandigarh, July 22, 2005; After about three year of struggle and two years of ground level activism, Burning Brain Society had some reason to smile.

To recapitulate, BBS had filed a Public Interest Litigation asking the Punjab & Haryana High Court to restrain the award function in the name of the cigarette brand “Red & White”; to stop all the tobacco companies from doing indirect form of advertisements and for proper implementation of the tobacco act.

The tobacco company “Godfrey Phillips India Ltd (GPI)” yesterday declared in the Punjab & Haryana High Court that it shall be dropping the name of the cigarette brand “Red & White” from its award functions. Since the last 13 year GPI was conducting a bravery award functions in the name of one of its cigarette brand which was promoted with the same theme and punch line of bravery and had senior government officials and politicians including Governors at their beck and call.

Regarding the involvement of senior government officials, the Chandigarh Administration by an affidavit filed through their Director Health Services said that the offense is yet to be examined by the officials notified by the administration. While the state of Haryana in its reply said that it did not authorize any of their officials to attend the function of any tobacco company. It is worth mentioning their senior officials of the Haryana Government including the Chief Secretary, Home Secretary, Principal Secretary, etc. had been regularly participating in the tobacco companies function.

It is quite interesting to note that while the State Governments are denying the involvement of its officials (which was otherwise widely publicized in the newspapers), the tobacco company has expressly stated in its written statement in the high court that all the highly placed people mentioned in the writ petition participated in its function.

While on the one end the Government is vouching to finish all indirect form of advertisement and on the other the State Government of Haryana, Punjab and U.T of Chandigarh have even denied that instituting an award in the name of a cigarette brand is an indirect form of advertisement banned under the law. The State Governments are hell bent to prove that no offence has been committed. The Union of India (GoI), Ministry of Health was also a respondent and didn't even care to file a written statement or even appear in the court.

Anyhow Burning Brain made a difference despite all the oppositions and apathy. A battle has been won but still it's a very long way to go. Are you with us?
 

Chandigarh Administration notifies the officials to enforce anti tobacco legislation

Chandigarh, July 22, 2005; A fifteen months lull over the the officials who will act for enforcing the anti tobacco laws in Chandigarh finished yesterday when in the Punjab Haryana High Court, replying to the writ filed by BBS, the Chandigarh Administration declared that the notification has been brought into force from today. A copy of the (draft) notifications was provided to the court and BBS.

After the notification regarding the authorized officials, the provisions of law to fine people smoking in public, the shopkeepers selling tobacco products to minors or within the radius of 100 yards can be exercised. Each instance of violation attracts a fine of Rs.200 (Approx 4 US$). The officer empowered is a police officer of the rank of Inspector. The officer having the power to compound the offence under Section 28 of the Act shall be Sub Divisional Magistrate (Central) of Chandigarh. All officers above the rank of Sub-Inspector of police, all the food inspectors and drug inspectors have been empowered to act under Section 12 of the cigarette and other tobacco products act 2003.

The notification under section 12, 25 and 28 was supposed to come by May 1, 2004 but for the casual attitude of the senior officials and affiliations and influence of tobacco industry delayed the process. The Haryana Government, whose Chief Secretary was a special guest of honour in tobacco companies function in 2004 and the Home Secretary, Principal Secretary and other senior officials participated in 2005 tobacco sponsored function, has not notified the relevant provisions of the anti tobacco act till date. It appears that they had enough time to coordinate with the tobacco company and participate in their function but are too occupied to bring out a 90 word notification.
The unofficial view of a very senior official is that since the present Chief Minister is also a chain smoker so the enforcement of the law will remain a far fetched dream. We do not think so because the notification was to be issued over a year before the present CM occupied the office. It is clearly the influence of the tobacco companies and the personal interest of the bureaucrats which is preventing the anti-tobacco laws from being enforced.

Hope our voice reaches the CM and he takes interest to bring out the notification even if it be against his personal preferences. The fact remains that in India tobacco causes near 1 million deaths every year and the CM can certainly not be ignorant of it. We are sure that he would like to see the children of Haryana grow as healthy adults.
 

 
Burning Brain Society
Glass Office 3, Business Arcade, Shivalikview, Sector 17-E, Chandigarh 160 017 INDIA
Telephone: +91-172-5165555, 5185600
E-Mail: infoburningbrain.org
 

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