Working for Results

Role of Role of Role of Role of law enforcerslaw enforcerslaw enforcerslaw enforcersand and and and Civil societyCivil societyCivil societyCivil societyorganization in organization in organization in organization in Tobacco ControlTobacco ControlTobacco ControlTobacco Control

Hemant Goswami

It helps if you know the Solution

What we Understand about

the

problem

Tobacco — What is the problem?

Tobacco Problem is absolutely different Tobacco Problem is absolutely different Tobacco Problem is absolutely different Tobacco Problem is absolutely different from any other public health problemfrom any other public health problemfrom any other public health problemfrom any other public health problem

� Tobacco is NOT just a Medical Problem

� NEITHER is it just a social problem

� ““““TOBACCO CONTROLTOBACCO CONTROLTOBACCO CONTROLTOBACCO CONTROL”””” has a strong component of POLITICS POLITICS POLITICS POLITICS ………………………………. And this makes the whole problem very . And this makes the whole problem very . And this makes the whole problem very . And this makes the whole problem very complexcomplexcomplexcomplex

� This puts it in a different category from other medical or public health problems

How it’s DifferentThe approach to handle all public health/medical problems is

To remove the causative agent

This is not done in case of tobaccoThis is not done in case of tobaccoThis is not done in case of tobaccoThis is not done in case of tobacco

so we are not using the medical/scientific approach to

handle this problem, neither can it be used in the present scenario

It’s not a social problem because the society by itself has no desire to consume tobacco ……….. It’s pushed and marketed

by selfish interest so that people may consume it

Bigger Question ? Why?Bigger Question ? Why?Tobacco kills one million Indians annually and it still exists as a legal

product because it’s pushed by selfish fiscal interest which is promoting it under legislative approvals and political support

ItItItIt’’’’s a dynamic scenarios a dynamic scenarios a dynamic scenarios a dynamic scenarioWhere there is a third party interventionWhere there is a third party interventionWhere there is a third party interventionWhere there is a third party intervention

The third intervening party [Tobacco Industry - which actually wants to promote tobacco] exists because of POLITICAL

reasons

Tobacco Causes Loss to Public Exchequer by way of

cost incurred on Health – While private players

make money on tobacco, the nation looses, It’s

siphoning of nation’s wealth

Tobacco Industry is Aware about it

Why shouldn’t we also get similar kind of

damages in india

That’s why the tobacco industry is paying over 250 Billion $$Dollars to

all 50 states in USA as damages

Though the industry earned some longevity but

the industry is definitely on way out

Understanding the tobacco industry

ChallengesChallengesChallengesChallenges

Challenges�Tobacco industry has been interfering and trying to upset

the good work

�The industry has a clear-cut strategy, It has a well laid out plan too

�The biggest tool of the industry is to find an ally with the dark forces – the world of bribery and corruption – Our biggest challenge as on date

BUT DESPITE ALL THIS, THE FACT IS

THE INDUSTY IS VERY WEAK AND EVEN A SINGLE STRONG INITIATIVE CAN BREAK IT

The strategy of the industry

The strategy of the industry

The strategy of the industryIndustry strategy in 80’s

to counter second-hand smoke issue

Playing on ignorance

A classic example of DeceitThe The The The ““““Torches of LibertyTorches of LibertyTorches of LibertyTorches of Liberty”””” storystorystorystory

• Edward Bernays, a PR guru had the tobacco industry as one of his clients. His single stunt did more to popularize cigarettes among women than any other single activity.

• In 1929, he orchestrated a legendary publicity stunt aimed at persuading women to take up cigarette smoking, an act that at the time was exclusively equated with men. It was considered unfeminine and inappropriate for women to smoke; besides the occasional prostitute, virtually no women participated in the act publicly. (Indeed, in some countries this is very much still the case.)

• Bernays initially consulted psychoanalyst A. A. Brill for advice, Brill told him: "Some women regard cigarettes as symbols of freedom... Smoking is a sublimation of oral eroticism;holding a cigarette in the mouth excites the oral zone. It is perfectly normal for women to want to smoke cigarettes. Further the first women who smoked probably had an excess of male components and adopted the habit as a masculine act. But today the emancipation of women has suppressed many feminine desires. More women now do the same work as men do.... Cigarettes, which are equated with men, become torches of freedom.“ Upon hearing this analysis, Bernays dubbed his PR campaign the: "Torches of Liberty Contingent".

• It was in this spirit that Bernays arranged for New York City débutantes to march in that year's Easter Day Parade, defiantly smoking cigarettes as a statement of rebellion against the norms of a male-dominated society. Publicity photos of these beautiful fashion models smoking "Torches of Liberty" were sent to various media outlets and appeared worldwide. As a result, the taboo was dissolved and many women were led to associate the act of smoking with female liberation. Some women went so far as to demand membership in all-male smoking clubs, a highly controversial act at the time.

For his work, Bernays was paid a tidy sum by George Washington HFor his work, Bernays was paid a tidy sum by George Washington HFor his work, Bernays was paid a tidy sum by George Washington HFor his work, Bernays was paid a tidy sum by George Washington Hill, president of the ill, president of the ill, president of the ill, president of the American Tobacco Company.American Tobacco Company.American Tobacco Company.American Tobacco Company.

Indian Scenario — Some Facts

Section 2 (COTOA) It is hereby declared that

it is expedient in the public interest that the Union should take under its control the tobacco

industry.

Seventh Schedule (Article 246) –Constitution of India - LIST III i.e. Concurrent List

Indian Scenario — Problem at MoH

National Steering Committee Has been made defunct and cosmetic – No credible action taken till date – Half the complaints filed were lost at the first meeting itself - First meeting was held after a “Civil Writ Petition”was filed in “Punjab and Haryana High Court” – To solve the problem of ACTION, more committees were proposed – Net result – Purpose of formation of steering committee defeated due to bureaucratic inefficiency –Tobacco companies benefit by such action …….

Response Level of Union Government – We have no expectations - No support comes when one requires – The best way to achieve result is by being forgetful of the fact that it even exists (My subjective and biased opinion)

Question?

How do we counter all this and still How do we counter all this and still How do we counter all this and still How do we counter all this and still

achieve resultsachieve resultsachieve resultsachieve results

A success story?

SmokeSmokeSmokeSmoke----Free Free Free Free

Chandigarh was a Chandigarh was a Chandigarh was a Chandigarh was a

intermediate result intermediate result intermediate result intermediate result

we looked forwe looked forwe looked forwe looked for

The Resources Used

• Total Grants/Financial support received for Smoke-Free Chandigarh project – Nil

• Government Support – Nil

• Indirect Government Support - Nil

• Total Money Spent – Less than 5 Lakhover a period of one year

It has been done

We were still able to ride

the wave and beat the

challenge

… though

It remains a challenging

path

A less traveled path

• Smoke-Fee concept was a less traveled path in India

• No Precedence - Developed our own learning to take the challenge

• Ignored Problem – Challenge to bring in a problem like tobacco to the forefront which is often ignored because the amount of work this problem requires is massive. The size of the task discourages many.

The High’s & Lows

• The Journey to Smoke-Free Chandigarh has been studded with some failures and some successesfailures and some successesfailures and some successesfailures and some successes

• Every action has a component of failure and it remains an important ingredient of success

• Failures sharpens the learning Failures sharpens the learning Failures sharpens the learning Failures sharpens the learning curve curve curve curve …………………….. .. .. .. (But you have to test and try)(But you have to test and try)(But you have to test and try)(But you have to test and try)

As a Civil Society

• As an independent civil society organisation, we did what every civil society should do….

–Generate Public Opinion

–Add and involve more Partners

–Move and sensitize the authorities

–Remain an independent watchdog

–Work to sustain the efforts

A workshop for police in 2003

Background to smoke-free Chandigarh

• Took More than 4 years of consistent

efforts. Experienced failures and success.

A lot of lessons were learned.A lot of lessons were learned.A lot of lessons were learned.A lot of lessons were learned.

• Used the Independent Judiciary (PIL’s etc.)

• Kept a flow of complaints, court cases,

suggestions and…

• Persistently carried on the routine activities

aimed to sensitize the stake-holders and

the general populace

Strategic Approach

Used a soft and Hard approach

simultaneously

Did all what was required without any compromises

Some unpleasant tasks

• We also caused a lot of trouble to our friends in the Government - to increase their sensitization level and to help them bring tobacco to their priority area

• All in the interest of “Tobacco Control,” the community, common man and for improvement of public health

Multiplying

Partners

Partnering with stakeholders

• Youngsters, Students

• Media

• Teachers

• Hoteliers

• Government

• Police

• Administration

• Local community leaders

• and… everyone who has an opinion and can do something

Strategic Approach

•Proper planning for the end results

•Minimize the assumption of support on external

factors

•Have a clearly defined road map

•Persistence and uncompromising conviction

•Did not take anyone and anything for granted… but when the

threshold level reached .. It changed everything

Opportunity

Right to Information Act 2005

• In 2005, RTI came into existence. We made

constructive use of this legislation

• Filed over 300 Right to Information Petitions

and asked for pin pointed information from

all the Government departments

• This helped in bringing tobacco control to

forefront and within the government radar.

The results started reflecting

How RTI Helped� Many times things can not come in

“Priority” area in government departments due to too much of workload

� The RTI applications highlighted that an important law intended for public welfare was getting ignored

� Brought to focus the minimum statutory legal requirement under the Act. That of displaying the “Warning Boards.”

What we asked1. As per the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement

and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and “Cigarettes and Other Tobacco Products Rules, 2004” every public office must display 60X30 cm boards containing the warning “No Smoking Area –Smoking here is an offence.” Do offices, buildings and premises of Chandigarh Police and under the control of Chandigarh Police display such warning boards?

2. Provide the location where such warning boards as required under the Cigarettes and Other Tobacco Products Rules, 2004 are displayed in all the different offices/buildings/ floors/premises which are under the control of Chandigarh Police or which report to your office?

– Please provide address of all such premises/buildings and the number of warning boards affixed in each office/premise/floor/building.

– Date on which such warning boards were first displayed.– Cost incurred in displaying the warning boards.

3. Kindly use the format mentioned below to reply:Name of the office/Building/premise Location: No of warning boards displayed on ground floor and their location Number of boards displayed on each floor : Total number of warning boards displayed in that premise: Total cost incurred on preparing and affixation of the board : Date on which the boards were first displayed

And….

5. What is the designation and the name of the person responsible/in-chargefor;

1. Ordering affixation of the warning boards against smoking

2. Executing the order to affix such warning boards3. To be held responsible for not displaying the statutorily prescribed warning boards and for the

purpose of the penal provision under Section 4 (Read with Rule 3) of the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003”.

6. Does your office and all other offices under the control of this office provide total smoke-free atmosphere and prohibit smoking in all parts of the building/premise. Provide a list of all offices/premises under the control of your office which allow people to smoke within the building/premise and within the boundary wall of the premises.

7. How many employees, whether temporary or permanent, including officers in Chandigarh Police and working in all other office/premises/buildings under Chandigarh Police smoke.

8. How does your office/orgnaisation cope with the frequent breaks people take to smoke? What are the rules including departmental rules to deal with the increased number of smoking breaks employees take?

AndAndAndAnd…9. Does your office/department organize workshops/seminars or intervention

programmes for employees who consume tobacco to help quit tobaccowho consume tobacco to help quit tobaccowho consume tobacco to help quit tobaccowho consume tobacco to help quit tobacco? Is any kind

of medical/psychiatric assistance made available to people addicted to tobacco in

office/department under your control? Allow inspection of records relating to

available medical assistance to employees and the complete record of the

workshops/seminar, etc. conducted by or for employees of your office.

10.10.10.10. How many people have been fined till dateHow many people have been fined till dateHow many people have been fined till dateHow many people have been fined till date for smoking in any of the office premises

under your control or reporting to your office? Provide record for the year 2004,

2005 and 2006.

11. In case any of the laws and/or rules related to tobacco control is not being followed

in your office or offices operating under your control; please provide the name and please provide the name and please provide the name and please provide the name and

designation of the highest executive officer in the hierarchy whdesignation of the highest executive officer in the hierarchy whdesignation of the highest executive officer in the hierarchy whdesignation of the highest executive officer in the hierarchy who can be held o can be held o can be held o can be held

responsible forresponsible forresponsible forresponsible for such non-adherence of the laws/rules related to tobacco control

legislation(s).

12. Kindly arrange to immediately provide the extracts, certified copies of documents

requested (in soft copy/electronic form or hard copies, depending on the

availability) after the inspection of the requested files/documents/memo.

Strategic

Results

And….� Once the warning boards were

installed (1800 new boards appeared –Year 0-1) in all government departments, police stations, hospitals, schools, etc..

………..Things became easier

� People got the confidence that the task can be accomplished. The police and enforcement agencies got the moral conviction that they can book others for violations (Because they were following the law)

Guiding and Training the EnforcersGuiding and Training the EnforcersGuiding and Training the EnforcersGuiding and Training the Enforcers

Transferring Transferring Transferring Transferring the the the the

OwnershipOwnershipOwnershipOwnership

Sharing the CreditSharing the CreditSharing the CreditSharing the Credit

Planning and Guiding the Government and officials

Using all other laws

Section 133 of Cr. P. C. Conditional order for removal of nuisance. –

(1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider --

That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or

That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or

……..etc………..

Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-

(i) To remove such obstruction or nuisance; or

(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

……..etc………..Section 268, 284 and 290 of the Indian Penal Code provides as under;268. Public nuisance:--A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury,

danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.284. Negligent conduct with respect to poisonous substance: -- Whoever does, with any poisonous substance, any act in a manner so rash

or negligent as to endanger human life, or to be likely to cause hurt or injury to any person,Or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable

danger to human life from such poisonous substance,Shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one

thousand rupees, or with both.290. Punishment for public nuisance in cases not otherwise provided for: -- Whoever commits a public nuisance in any case not otherwise

punishable by this Code, shall be punished with fine which may extend to two hundred rupees.

Using all other lawsSection 278 (IPC) Making atmosphere noxious to health: - Whoever voluntarily vitiates the atmosphere in any place so as to

make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

Section 31 (Police Act) Police to keep order on public roads, etc.--It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to be obstructed

Section 34. (Police Act) Punishment for certain offences on roads, etc.--Any person who, on any road or in any 1*[open place or] street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the following offences, to the obstructions inconvenience, annoyance, risk, danger or damage of the 2*[residents or passengers] shall, on conviction before a Magistrate, be liable to fine not exceeding fifty rupees, or to imprisonment 3*[with or without hard labour] not exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:-…………………..

Section 400.(MC Act) Penalty for breaches of bye-laws. - (1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable –

(a) with fine which may extend to five hundred rupees; or

(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction of the first such contravention; or

(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any Corporation officer duly authorised In that behalf by the person contravening the bye-law requiring such person to discontinue such contravention.

(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief if any, caused by such contravention.

Section 269 (IPC) Negligent act likely to spread infection of disease dangerous to life: --Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.

270 (IPC) Malignant act likely to spread infection of disease dangerous to life: -- Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both

Section 2(34)(Motor Vehicle Act) “Public place” means a road, street, way or other place, whether a thorough-fare or not, to which the public have a right of access, and includes any place or stand at whichpassengers are picked up or set down by a stage carriage;

……………..etc………..

Using all other laws

Other Provisions

• Provisions in Motor Vehicle Act & Rules 1988

• Provisions in IT Act & Rules 2000

• Provisions in The Industrial Employment (Standing Orders) Act 1946

• Provisions in Cinematograph Act 1952

• Provisions in Indian Railways Act 1989

• Provisions in Petroleum Act 1948

• Provisions in The Explosives Act & Rules – 1884

• Provisions in The Explosive Substances Act 1908

• Provisions in The Narcotic Drugs & Psychotropic Substance Act, 1985

• Provisions in The Mines Act, 1952

Results

&

Outcome

In Chandigarh

EnforcementEnforcementEnforcementEnforcement

Real Action had public supportReal Action had public supportReal Action had public supportReal Action had public support

Strategic Communication

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MediaMediaMediaMedia

KKKKEEEEYYYY AAAARRRREEEEAAAA OOOOFFFF IMPORTANCEIMPORTANCEIMPORTANCEIMPORTANCE

What ResultedFirst Smoke-Free City not only of India but that of any

THIRD WORLD COUNTRY

What Resulted

� Only City- State in India where all Hotels/Restaurants are smoke-free

� Only City- State in India where all educational institutions are smoke-free

� We have sustained it for one year (July 15, 2007 to July 15, 2008) and the compliance level even as on date (Despite all the apathy and corruption) is over 70%

Continued Challenges

To Sustain Smoke-Free Chandigarh

� Central Government support still to come

� Underground Propaganda, Corruption & …………

� Industry interference

Sustaining??? In Corrupt India

IF THINGS APPEAR TO BE SLOW PEDDLED & INERTIA SINKS IN

• Not everyone is bad. Use good people and make the moles Work OR expose them.

• In June-July 2008 we filed over 500 police complaints. Each complaint informed about a separate incident of violation.

• Filed 200 criminal complaint cases in the court of DM against illegal tobacco vendors and those selling tobacco within 100 yards of an educational institute.

• Continuously expanding the scope of the Act

Sustaining??? In Corrupt India

• Hundreds of other complaints.

• Nearly 1000 legal notices

• Surveyed every nook and corner of the city and shared the results with

authorities(Who are always in their normal state of sleep… one has to wake them from their slumber)

Key Mantra: Activism & Activism

Don’t believe in the sweet talk of anyone

People can have their compulsions which prevent them to act

In IndiaIn IndiaIn IndiaIn India…………results come only after you results come only after you results come only after you results come only after you flogflogflogflog

Hemant Goswamigoswami@hemant.org

Knowing is not enough; we must apply

Being willing is not enough;

we must do