The right to health is an inherent and enforceable fundamental right. It necessarily follows that a clean and pollution-free environment becomes the natural corollary to the statement of right to health. This acquires a higher degree of sanctity when we talk about children who are one of the most vulnerable segments of our society.
There is an obligation on the part of the state to ensure a healthy environment as part of the fundamental rights in the Constitution under Article 21. This isfurther strengthened by Article 6 of the UN Convention on the Rights of the Child which recognises the right to life and that the state parties shall ensure to the maximum extent possible the survival and development of the child.
The Cigarettes and other Tobacco Products (Prohibition of advertisement and regulation of trade and commerce, production supply and distribution Act 2003( COPTA) is the principal comprehensive law governing tobacco control in India. India also became a signatory to the WHO framework on the Convention on Tobacco control on February 27 2005. As a consequence of being a party to the framework, public spaces, workplaces, educational and government facilities and public transport were declared smoke-free zones. This also included outdoor spaces, open auditoriums, stadiums, railway stations and bus stops.
This has been further augmented by judicial pronouncements which have been a beacon of light in reaffirming the statutory principles.
It is a well-researched medical fact that use of tobacco and the allied substances causes grave danger to the health of an individual. Adults who continue to consume them knowing their adverse effects do not think of the young vulnerable children who are victims of tobacco use. From an unborn child in the womb to the school-going children, all face this with serious health consequences.
Inhaling the noxious smoke contributes to the increasing rates of respiratory illnesses, cancer and the like which affect a holistic quality of life which again is a basic fundamental right of a child.
To discourage the use of tobacco and its allied products, there have been serious efforts of sensitisation to strike at their consumption through express pictorial representations and increased taxation measures. Unfortunately, the increasing cost or the extremely visible daunting pictorial representations do not seem to deter the users. The selling of tobacco products near educational premises is prohibited in law but there are instances where they are sold discreetly or covertly. Glamorous representations of the use of tobacco products as something which is a symbol of a courageous, strong and powerful personality is a major disservice to young impressionable minds.
Children are gullible individuals who are in the process of establishing their personalities. They need to follow their role model. This is also the period of risk taking and adventurism.
This requires a delicate handling by regular sensitisation and reiteration of the negative impact of using tobacco products.
If their role models are blatant in their disregard for law, the youngsters will also have the same disregard.
It is essential that a principle of zero tolerance be adopted to ensure a non-negotiable, stricter and effective implementation of the anti-tobacco legislation for the future of our children.
(Author is an activist of the Human Rights Law Network)
