Theme: Public Health

Packaging and Warning Labels on Tobacco Products

Packaging of Tobacco Products

Under the law, every package of cigarettes, or any other tobacco product, must contain the following details(( Section a(iv), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014.)):

  • Name of the product
  • Name and address of the manufacturer, importer or packer
  • Origin of the product (in case of import)
  • Quantity of the product
  • Date of manufacture

More details may be added to this list by the government from time to time.

Warning Labels on Tobacco Products

It is mandatory for every package of cigarettes, or any other tobacco product, has a health warning(( Section 3(a), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008.)). Such a warning must follow certain specifications, such as:

  • For both smoking and smokeless forms of tobacco products, the warning “TOBACCO CAUSES PAINFUL DEATH” and the words “QUIT TODAY CALL 1800-11-2356” should be printed on the package(( Section b(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020.)). This is enforceable from September, 2020.
  • The warning should cover at least 85 percent of the largest side of the package, 60 percent being the picture and 25 percent being the text.(( Section 2(i), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014.))
  • The ill-effects of tobacco on health are pictorially represented below the warning. For example, a picture of mouth cancer.(( Schedule 1(2), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008))
  • The warning should appear in English, Hindi and any other regional languages.(( Section b(iii), the Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020.))

Selling Tobacco without Warning Label

If you produce or sell tobacco products without the required warnings, you may be punished in the following manner:

 

Cannabis

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

As per Indian law, possession and use of cannabis are illegal. However, from the cannabis plant only activities relating to the flowering part, aka Ganja/Weed, and the resin, aka Hashish, hash or charas, are illegal. 

Ganja/Weed

Ganja, also known as Weed, refers to merely the flowering part of the cannabis plant that becomes the fruit of the cannabis plant. The production, manufacture, possession, sale, purchase, transport, inter-state import/export, and the use of Ganja is banned in India. The punishment for carrying out any of these activities is proportional to the quantity of Ganja involved and not the type of activity.

  • Small amount (up to 1 kg):  Jail time up to 1 year, and/or fine up to Rs. 10,000.
  • Between 1 kg and 20 kgs: Jail time up to 10 years, and fine up to Rs. 1 lakh.
  • Commercial amount (20 kg): jail time  between 10 years and 20 years, and fine between Rs 1 lakh and Rs 2 lakh. The Court may also impose fine exceeding Rs. 2 lakh by recording reasons in the judgment.(( Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985))

Charas/Hash

Charas is the separated resin (crude or purified) obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish. The production, manufacture, possession, sale, purchase, transport, inter-state import/export, and the use of Charas is banned in India. The punishment for carrying out any of these activities is proportional to the quantity of Charas involved and not the type of activity. 

  • Small amount (up to 100 grams): jail time  up to one year, and/or fine up to Rs. 10,000.
  • 100 grams – 1 kg: jail time  up to ten years, and fine up to Rs. 1 lakh. 

Commercial amount (1 kg): jail time  between ten years and twenty years, and fine between Rs 1 lakh and Rs 2 lakh. The Court may also impose fine exceeding Rs. 2 lakhs by recording reasons in the judgment.(( Section 20, Narcotic Drugs and Psychotropic Substances Act, 1985))

How do you get Covid-19 vaccination in India?

In India, the Government’s regulator for drugs CDSCO (Central Drugs Standard Control Organization) has allowed two vaccines which are:

  • Covishield (Oxford-AstraZeneca vaccine developed in the UK) and 
  • Covaxin (by Bharat Biotech). 

These vaccines have only received the permit to be used in a restricted manner for emergency situations. This means that they can be used despite the companies not having completed the entire procedure of clinical trials(( Press Statement by the Drugs Controller General of India (DCGI) on Restricted Emergency Approval of COVID-19 Virus Vaccine,  accessed at https://pib.gov.in/Pressreleaseshare.aspx?PRID=1685761#:~:text=The%20Subject%20Expert%20Committee%20of,III%20clinical%20trial%20of%20M. Covishield and Covaxin Is in Phase II/III and in Phase III of clinical trails respectively (as on Jan 2021.)). 

Cost and manner of vaccination

Currently, the vaccine provided in the first phase of vaccination will be given free of cost. Two doses of the same vaccine, given 28 days apart, will be required to be taken by an individual to complete the vaccination(( FAQ on COVID-19 Vaccines,  Ministry of Health and Family Welfare, accessed at https://www.mohfw.gov.in/pdf/FAQsonCOVID19VaccineDecember2020.pdf))

Priority groups getting vaccinations

The first phase of the Covid-19 vaccine will be administered to priority groups including:

  • Health Care Workers (HCWs): Health care providers and workers in health care settings (Public and Private), including ICDS (Integrated Child Development Services) workers. 
  • Frontline Workers (FLWs): Personnel from State and Central police department, armed forces, home guard, prison staff, disaster management volunteers and civil defense organization(( Directorate General, Fire Services, Civil Defence & Home Guards, Ministry of Home Affairs, available at https://dgfscdhg.gov.in/civil-defence.)), municipal workers and revenue officials engaged in Covid-19 prevention, containment, surveillance and associated activities. 
  • Persons More than 50 years of age and less than 50 years with co-morbidities like diabetes, hypertension, cancer, lung diseases etc(( COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-3)).

Process to get vaccinated in India 

Covid-19 vaccine will be provided only to beneficiaries pre-registered in the COVID Vaccine Intelligence Network (Co-WIN) system at www.cowin.gov.in(( COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://www.mohfw.gov.in/pdf/FAQsonCOVID19VaccineDecember2020.pdf)).

Step 1: Registration

Any person can register  by providing  basic demographic details like name, date of birth, permanent and current address, and details of co-morbidities, if any.  They will be required to provide their photo identity from one of the following: 

  • Aadhaar Card
  • Driving License
  • Health Insurance Smart Card issued under the scheme of Ministry of Labour
  • MGNREGA Job Card 
  • Official identity cards issued to MPs/MLAs/MLCs
  • PAN Card
  • Passbook issued by Bank/Post Office
  • Passport
  • Pension Document
  • Service Identity Card issued to employees by Central/State Govt./PSUs/ Public Limited Companies
  • Smart Card issued by RGI under NPR 
  • Voter ID Card

Step 2: Date and Place of Vaccination

Following online registration, the beneficiary will receive an SMS on their registered mobile number regarding the Health Facility where the vaccination will be provided, along with the scheduled date and time for the same. 

Step 3: Verification of Identification Proof

The Photo ID produced at the time of registration must be produced to the health officials and they will verify it  at the time of vaccination(( FAQ on COVID-19 Vaccines,  Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-31)). 

Step 4: Acknowledgment after receiving the vaccination

On getting a due dose of Covid-19 vaccine, the beneficiary will receive SMS on their registered mobile number. 

Step 5: Results

After all doses of vaccine are administered, a QR code based certificate will  be sent to the registered mobile number of the beneficiary. Their information will be uploaded on the Co-WIN platform(( FAQ on COVID-19 Vaccines,  Ministry of Health and Family Welfare, accessed at  https://main.mohfw.gov.in/newshighlights-31)). 

Even after getting vaccinated, people are required to continue taking the key precautions like wearing a mask, maintaining hand sanitization and physical distance ( 6 feet or Do Gaj)(( FAQ on COVID-19 Vaccines, Ministry of Health and Family Welfare, accessed at  https://main.mohfw.gov.in/newshighlights-31)).

E-Cigarettes

An electronic cigarette, or e-cigarette, refers to an electronic device that heats any substance (regardless of whether it has nicotine or any flavour) to create an aerosol that can be inhaled.

E-cigarettes used to be unregulated in India till 2019. However, they were later declared illegal.

Under the law, the following is banned:

Production/manufacture of e-cigarettes

It is illegal for you to produce or manufacture e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year and/or a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Import/export/transport of e-cigarettes

It is illegal for you to export, import or transport e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019)) If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Sale/distribution of e-cigarettes

It is illegal for you to sell or distribute e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Advertisement of e-cigarettes

It is illegal for you to advertise e-cigarettes(( Section 4, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 1 year. You may also have to pay a fine of up to Rs. 1 lakh. However, for every subsequent offence, the punishment is jail time of up to 3 years and a fine of up to Rs. 5 lakhs.(( Section 7, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Storage of e-cigarettes

You may not allow any of your property to be used for storage of e-cigarettes. If any property that you own is being used as storage of e-cigarettes, you must make a list of the stock. Thereafter, you must submit it to the nearest police station to a police officer who is at least a sub-inspector(( Section 5, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.)). If you do not follow this, the punishment is jail time of up to 6 months and/or a fine of up to Rs. 50,000.(( Section 8, the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.))

Read more on cigarettes and tobacco products here.

 

Opium and Opium Poppy

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Opium is the solidified juice of the opium poppy, which is the base plant from which opium is extracted. It is a white juice that is extracted from the poppy plant with the help of scalps in a very careful manner. It does not include any preparation containing less than 0.2% of morphine.

It is illegal to cultivate, produce, manufacture, possess, transport, inter-state import or export, sell, purchase or use opium and opium poppy. The punishment for carrying out any of these activities is proportional to the quantity of opium or opium poppy involved and not the type of activity.

  • Small quantity (25 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 25 gm to 2.5 kg – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (2.5 kg) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985))

Prepared Opium

Prepared opium is any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, wherein the residue remaining after opium is smoked. 

It is illegal to manufacture, possess, transport, inter-state import/export, sell, purchase or use Prepared Opium. The punishment for carrying out any of these activities is proportional to the quantity of Prepared Opium involved and not the type of activity.

  • Small quantity (5 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 5 gm to 250 gm – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (250 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs(( Section 17, Narcotic Drugs and Psychotropic Substances Act, 1985))

 

How is a Covid-19 vaccination developed?

The Covid-19 vaccine is developed in the following manner(( COVID-19 Vaccines Operational Guidelines, Ministry of Health and Family Welfare, accessed at https://main.mohfw.gov.in/newshighlights-31 (Page 18)):

Phases of vaccine development or trial Purpose
Pre-clinical phase In this stage, the vaccine is developed in the laboratory.
Phase 1 Clinical trial (8-10 participants) Phase 1 is essential for testing the safety of the vaccine.
Phase 2 Clinical trial (50-100 participants) Phase 2 is essential for testing vaccine immunogenicity i.e. production of antibodies against viruses.
Phase 3 Clinical trial (30,000-50,000 participants) Phase 3 is essential for testing actual protection offered by the vaccine, i.e, based on a larger survey group.

Once the vaccine clears phase 3 of the trial, it is eligible to get licensed and becomes available to the public on the basis of government guidelines.

Appeal Against Smoking Violations

If you violate any of the rules under the law(( The Cigarettes and Other Tobacco Products Act, 2003.)) on cigarettes and tobacco products, you may face punishment in terms of being imprisoned, paying fines, etc.

Decision by the Court

The appellate court will take into account additional evidence, if any and give an opportunity to hear you out. Then the Court will pass a decision, a decision which is final. This means that you can appeal only once under this law.(( Section 19(3), the Cigarettes and Other Tobacco Products Act, 2003.))

Appeal

You can also appeal the decision given by the court(( Section 19(1), the Cigarettes and Other Tobacco Products Act, 2003.)). Please note that the fine amount cannot be increased during appeal unless you have been heard in person or by a representative defending you.(( Section 19(3), the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.))

 

Cocaine

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Cocaine is a manufactured drug made from coca leaf of the coca plant. It is illegal to manufacture, possess, transport and inter-state import/export, sell, purchase and use cocaine. The punishment for carrying out any of these activities is proportional to the quantity of Cocaine involved and not the type of activity.

  • Small quantity (2 gm) – jail time  up to 1 year and/or fine up to Rs 10,000
  • 2 gms – 100 gms – jail time  up to 10 years and fine up to Rs 1 lakh 
  • Commercial quantity (100 gm) – jail time  between 10 and 20 years, and fine between Rs 1 lakh and 2 lakhs. The Court may also impose a fine of more than 2 lakhs.(( Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985))

Coca Plant

There is also a separate punishment for cultivating, gathering, producing, possessing, transporting, importing, exporting, selling, purchasing and using the Coca Plant. For any of these activities, you can be punished with jail time  up to 10 years and fine up to Rs 1 lakh.(( Section 16, Narcotic Drugs and Psychotropic Substances Act, 1985))

What is the punishment for violating Lockdown Orders?

The punishments for violating lockdown orders are:

Offence Punishment
Negligently spreading the infection of disease The punishment is jail time of up to 6 months or/and  fine(( Section 269, the Indian Penal Code, 1860))
Running away from hospitals during and after the period of testing The punishment is jail time of up to 6 months or/and  fine(( Section 269, the Indian Penal Code, 1860))
Disobeying a public servant doing their duty The punishment is jail time of up to 1 month or/and a fine of Rs. 200((  Section 188, Indian Penal Code, 1860))
Causing a riot or group fighting The punishment is jail time of up to 2 years or/and  a fine(9 Section 147, Indian Penal Code, 1860))
Causing danger to human life, health or safety The punishment is jail time of up to 6 months or/and  a fine of Rs. 1000(( Section 188, Indian Penal Code, 1860))

The police can file an FIR if someone violates  the laws given above. To read more on the First Information Report, see our explainer on FIR.

 

Consuming Drugs

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Consuming banned drugs and substances is illegal in India and the punishment for this includes jail time  and/or fine. 

If you are caught consuming cocaine, morphine, diacetyl-morphine, you can be punished with jail time for up to 1 year and/or fine of up to Rs. 20,000. For any other banned drugs, you can be punished with jail time for up to 6 months and/or fine of up to Rs. 10,000.((  Section 27, Narcotic Drugs and Psychotropic Substances Act, 1985.))

Sikkim is the only State in India that provides for immunity from prosecution for consumption of drugs through rehabilitation of addicts. Addicts who consume drugs can voluntarily seek to undergo medical treatment for de-addiction from a hospital or institution maintained by the Government to avoid prosecution. 9 Further, if a person consumes a drug without a medical prescription in Sikkim, they have to undergo compulsory detoxification, followed by rehabilitation and shall be only liable to pay a fine upto Rs. 10000.(( Sikkim Anti Drugs Act, 2006))