Madras High Court Orders State Government to Apply Guidelines for Tobacco-Free Educational Institutions.

The Madras High Court has instructed the State Government to enforce the Tobacco Free Educational Institution Guidelines and the Implementation Guidelines. This decision from the Madurai Bench comes after a noticeable increase in tobacco use among children, particularly with a product called Cool Lip. Justice D. Bharatha Chakravarthy, in a single bench ruling, stated that if any tobacco product is found near a school and is being sold or attempted to be sold to children, the offenders will face charges under Section 77 of the Juvenile Justice (Care and Protection) Act, 2015, or related sections, and also under Section 59 of the Food Safety and Standards Act, 2006. The Bench emphasized that manufacturers, distributors, and sellers are all accountable under Section 27 of the JJ Act. If a corporation is involved, every employee engaged in the matter and all directors responsible for the company’s operations can be prosecuted under Section 66 of the Act. Advocate D. Venkatesh represented the petitioner, while several legal representatives, including APP R.M. Anbunithi and Additional Solicitor General AR.L. Sundaresan, represented the respondents.

A large amount of tobacco products was confiscated in Tamil Nadu, particularly near schools. Teachers were distressed as they struggled to manage students who were using tobacco and developing addiction and aggressive behavior. Despite a statewide ban on all forms of Khaini and tobacco, significant quantities continue to flow in from neighboring areas, leading to daily court cases related to this issue. Both police and food safety officers are involved in the crackdown. The network of manufacturers, distributors, and sellers is specifically targeting school children to create lifelong customers. According to the 2019 Global Youth Tobacco Survey, 8.5% of students aged 13 to 15 use tobacco. It is estimated that 5,500 children start using tobacco each day, with 55% becoming fully addicted before turning 20. After shop raids, sellers often approach schools on foot or by scooter to sell to kids. When police increased surveillance, some even recruited local housewives to store and distribute tobacco to children. One product, called ‘Cool Lip,’ is a dipping tobacco that comes in a pouch and contains more nicotine than regular tobacco.

The High Court provided the following instructions to the State Government regarding the case:

1. Implement the Tobacco Free Educational Institution Guidelines fully and effectively.
2. Conduct oral and dental health checks for all students in both government and private schools at least twice a year, looking for tobacco or nicotine stains. If found, counsel the child and parents privately to support the child’s education.
3. Establish a Child Tobacco Cessation Centre in each district, following the Ministry of Health and Family Welfare’s Guidelines, ensuring at least one specialist, medical social worker, or child psychologist is available for counseling and treatment.
4. Head Masters of schools should assist in coordinating treatment and follow-ups to help children quit tobacco while continuing their education.
5. Develop methods in consultation with child psychologists that consider the child’s socio-economic and cultural background.
6. Create a two-member Tobacco Monitoring Committee in each school, consisting of one teacher and one volunteer from the PTA or local community, to inspect the school and surrounding area for tobacco use or sales to children and report findings to the police or food safety officer.
7. Develop a mobile app for committee members to upload information and report actions, while continuing to use the previously mentioned WhatsApp number until then.
8. District monitoring committees and a State committee will be established to supervise the activities of their members.
9. A mobile number, toll-free number, or website will be created and promoted for the public to report the sale of tobacco products.
10. All schools must follow the ToFEI Guidelines by putting up signs, forming monitoring committees, keeping records of compliance, and evaluating their own performance.
11. The School Education Department can decide to issue a circular that allows for discreet inspections of children’s bags, ensuring it does not harm their morale.
12. The school education department, in collaboration with the health department, will partner with major government and private cancer hospitals. They will create awareness among children by showing them the conditions of cancer patients, respecting patient privacy. This awareness program will be conducted virtually in all schools, where the impact of tobacco will also be discussed in class.

The Court noted that tobacco is harmful due to its nicotine content, with products like Cool Lip testing showing over 1.7% nicotine in various tests, classifying it as ‘unsafe food’ under Central Government regulations. What is considered unsafe food in some states cannot be deemed safe in others. A communication dated December 5, 201 has already been sent to states urging them to ban these products.

The Court stated that State Governments must follow the instructions given. It also mentioned that the Central Government should recognize the serious situation and provide additional guidance under Section 86 of the Food Safety and Standards Act, 2006 (FSSA). The Court noted that the widespread use, popularity among children, and unique characteristics of these new dipping/filter tobacco products should be considered. As a result, the High Court closed the original petition.

Cause Title- Aunestraja v. The State & Ors.