New Delhi ,August 26:All tobacco products, liquor bottles and outlets selling these products will soon have to carry a health warning that giving or selling intoxicants to a child is a punishable crime with up to seven years of rigorous imprisonment and fine of up to a lakh according to rules under the Juvenile Justice (Care and Protection of Children) Act, 2015. The rules are expected to be notified next week by the government and will have to be implemented by all states.
This provision could be opposed by tobacco manufacturers who are already resisting adhering to the norm of 85% coverage by pictorial warnings on packets.
The rules also mandates that tobacco products or liquor cannot be sold within 200 metres of a childcare institution or juvenile justice board office. The rules drafted by the Maneka Gandhi-led ministry of women and child development with the assistance of an expert committee comprising a senior judge, advocates, juvenile justice board members and state government representatives.
The present Cigarettes and Other Tobacco Product (Prohibition of Advertisement & Regulation of Trade and Commerce, Production, Supply and Distribution) Act prohibits the sale of cigarettes or other tobacco products to people below 18 years and in areas within a 100-metre radius of educational institutions. The penalty for violation is a measly fine of Rs 200 and up to three months in jail.
Under the JJ Act which came in to effect on January 1, 2016, the penalty provisions have been increased to seven years of rigorous imprisonment and Rs 1 lakh fine.
The JJ Act is an omnibus law that has introduced new offences including sale and procurement of children for illegal adoption, corporal punishment in child care institutions, giving children intoxicating liquor or narcotic drug or psychotropic substance or tobacco products, use of child by militant or adult groups, offences against disabled children and kidnapping and abduction of children. The rules provide for child friendly procedures for reporting, recording and trial.
It is proposed that every police station will have child friendly infrastructure, similarly special children’s room will be designated in every court complex.
The rules say , ”All tobacco products and intoxicating liquor must display a message that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with up to seven years of rigorous imprisonment and a fine of up to one lakh rupees.” adds, ”Giving or selling of intoxicating liquor, narcotic drugs or psychotropic substances or tobacco products within 200 metres of a childcare institution or any other home registered or recognized under the Act, or the office of a committee or a board shall be deemed to be an offence under section 77 of the Act.”
Any shop selling liquor, tobacco products, must display a message at a prominent place on their shop that giving or selling intoxicating liquor or tobacco products to a child is a punishable crime with up to seven years of rigorous imprisonment and a fine of up to one lakh rupees.
