Justice Bharatha Chakravarthy observed that there was an urgency in view of the sudden increase in children using tobacco products and more specifically ‘Cool Lip’ which in turn corrupted the body, mind and soul of children.

“Born of extreme urgency. There is a sudden explosion of children using a Tobacco product, specifically a product called Cool Lip. Huge quantities of tobacco products are being seized in the state of Tamilnadu, especially in and around schools…Questions are repeatedly raised about children’s addiction to tobacco products. Because it is alleged to be leaching from other neighboring states where the products are authorized to be sold, a detailed analysis was needed.,” the court observed.

The court thus directed the central government to issue further directions under Section 86 of the Food Safety and Standards Act, 2006, asking the states to ban ‘cold lip’ which has already been classified as an unsafe food based on the rules laid down by the central government. The court added that the state governments were bound to comply with the instructions of the central government which were statutory in nature.

The court also asked the state government to set up Child Tobacco Cessation Center in each district and run it as per the Guidelines issued by the Ministry of Health and Family Welfare and ensure that at least one specialist, nurse child social worker or psychologist is available to counsel and treat addicted children. The Court also directed the State Government to implement the Guidelines for Tobacco Free Educational Institutions and Implementation Guidelines in letter and spirit.

The court also asked schools, both government and private, to conduct regular oral/dental health check-ups for school students at least twice in every academic year and take care of tobacco/nicotine stains. The court added that if blemishes are present, the school could counsel the child and his parents without any public embarrassment, ensuring the continued education of the child. The court further directed the principals of each school to assist and coordinate treatment and periodic follow-up, ensuring the cessation of the child’s tobacco habit and the continuation of the child’s education.

The court also ordered the formation of a two-member committee in each school, consisting of a teacher and a volunteer, to periodically inspect the school premises and inform the concerned authority if there is any evidence of tobacco use. In addition, a mobile application could be developed to upload the information by the committee members and report the action. The court added that a district-wise monitoring committee and a state-wise committee could be constituted to oversee the functioning of the two-member committee.

The court also directed the School Education Department to issue a circular allowing regular inspection of students’ luggage without affecting their morale and to tie-up with top cancer hospitals where the children could be taken to create awareness through visual demonstration of the conditions of cancer patients.

The court ordered that a mobile number or toll free number or a website be created and publicized for any public to report the sale of tobacco products. In addition, the Department of Education and law enforcement agencies such as the Food Safety Commissioner will periodically submit a report detailing the number of children treated, rehabilitated, etc., as required by the mission management unit and authorities within of the Drug Free Tamil Nadu mission.

The court also directed the law enforcement agencies to ensure that the manufacturer, distributor and seller of the seized tobacco product is liable under Section 27 of the Food Safety and Standards Act and, if a corporate entity, every employee who is actually involved . as well as the directors responsible for the company’s affairs are prosecuted.

The directions were issued in a bail application by a man who was found in possession of 27 packets of cold lip tobacco products. Thus, he was charged for offenses punishable under Section 123 of the NBS and Section 24 (1) of the Cigarettes and Other Tobacco Products Act 2003. Ultimately, the court granted bail while disposing of the plea with the instructions from above.

Counsel for the petitioner: Mr. D. Venkatesh

Defendant’s lawyer: Mr.RMAnbunithi, APP, Mr.AR.L.Sundaresan, ASGI assisted by Mr.K.Govindarajan, DSGI, Mr.Veera Kathiravan, AAG Assisted by Mr.P.Thilak Kumar, Govt. Pleader, Mr.MRSreenivasan, Mr.R.Mani Bharathi, Amicus Curiae

Reference: 2024 LiveLaw (Mad) 416

Case title: Aunestraja v. The State and others

Case no: Crl.OP(MD) No.14942 of 2024