Mumbai-based lawyers issue notice to Maharashtra govt over its failure to curb sale of drugs & tobacco

Recent raids in Thane, Navi Mumbai, and Mumbai on December 31 serve as evidence. Representation pic; (right) Lawyers have drawn attention to the sale of banned gutkha

Two Mumbai-based lawyers have issued notice to the state government for its failure to curb the easy accessibility of drugs and tobacco and its growing addiction among the youth. Lawyers Abid Abbas Sayyed and Saif Alam have directed their legal notice to the Chief Minister of Maharashtra, the health minister, the DGP, the Mumbai police commissioner and the FDA.

The notice emphasises the ill effects, health hazards and addiction associated with tobacco, pointing out the failure to control its illegal sale. The lawyers have drawn the attention of the government to the sale of smuggled cigarettes from abroad and availability of banned gutka.

The legal notice also highlights a broader concern, asserting that both the government and the police machinery in the state have failed to effectively control the sale of drugs. Recent raids and seizures in Thane, Navi Mumbai, and Mumbai on December 31 serve as evidence, underscoring the urgent need for intervention and enforcement measures, the duo stressed.

The legal notice dated January 1 stated: "The increasing use of tobacco in developing countries is contributing immensely to the rising burden of tobacco-related illnesses and premature deaths. The alarming increase in the use of tobacco among children, adults, and other vulnerable sections of societies represents a great concern to public health at local and the national level. Tobacco is becoming one of the single biggest causes of death worldwide. India is especially impacted by the tobacco epidemic with its geographically diverse and heterogeneous smokeless and smoking forms of tobacco use." The notice revealed that there are almost 275 million tobacco users in India. Among the adult age group of 15 years and above, over one-third, that is 35 per cent, of the population use tobacco products, with 48 per cent of males and 20 per cent of females using some form of tobacco." The notice further stated: "Effective comprehensive tobacco control laws that can impact reduced consumption are needed."

Talking to mid-day advocate Saif Alam said, "The Cigarettes (Regulation of Production, Supply, and Distribution) Act, 1975, mandated the display of a statutory health warning on all packages and advertisements of cigarettes. However, the Cigarettes Act of 1975 fell short as it lacked comprehensive coverage and had weak provisions. Subsequently, the Cigarettes and Other Tobacco Products Act (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) 2003 (COTPA) was introduced." According to Saif Alam, COTPA serves as the primary law governing tobacco control in India, offering a more comprehensive approach by encompassing all tobacco products, including cigarettes."

Alam said, "The purpose of this law is to safeguard and enhance public health by incorporating evidence-based strategies to reduce tobacco consumption. The Act predates India's endorsement of the World Health Organization (WHO) Framework Convention on Tobacco Control on February 5, 2004. As a significant move in the anti-tobacco campaign, the Government of Maharashtra banned the manufacturing, sale, and distribution of gutka and pan masala. These items were classified as food under the purview of the Food Safety and Standards Act 2006 (FSSA). The ban, enforced in July 2012, received additional support when the Bombay High Court upheld it, extending the prohibition until July 2014 in Maharashtra."

The duo has referenced the 2016-17 Global Adult Tobacco Survey in their notice, highlighting that every fourth youth in Maharashtra consumes tobacco. Advocate Alam said, "According to data from the Directorate of Health and Services spanning from 2016 to March 2022, approximately 10 lakh patients with a history of tobacco consumption have been registered in hospitals and centers of Maharashtra.

Through their legal notice Alam and Sayyed have demanded a proper action plan by the police and a new legislation to be framed by the state government. Alam said, "Numerous raids have been conducted in the past few years and months. However, during New Year's Eve, the scrutiny intensifies, leading to many reported incidents and seizures. This implies a substantial presence of drugs and rave parties are prevalent in Mumbai and its surrounding areas. Recent news and surveys underscore the magnitude of this activity, as many adults have tragically lost their lives due to the overuse of these drugs. Despite one route being blocked, these drug peddlers often find alternative ways to maintain their supply chain. It is crucial for the police and the narcotics control authority of the state to remain active daily and conduct raids consistently. Given that many of these dealers reside in Mumbai's slums, it becomes imperative to trace and punish them stringently."

10lakh
No. of patients registered in state's hospital and centers over six years