IN TT{E I{IGII COIIRT Otr. I(ARIIAIAI(A AT BAIIGALORE( Original Jrrrisdiction|

w.P. No. 55697/2()14

BBTW,EEN:

Cancer Patients Aid Association

ATID:

The State Govt. of Karnataka and Ors.

INDE>(

...PETITIONER

...RESPONDENT

COUNSEL FOR RESPONDENT No.

Asst. Solicitor General of IndiaBANGAI,ORE 4

slNo.

Particrrlars PageNo.

1. Staternent of Objections filed by RespodentNo. 4 ?fr- L.2

2. Ver:i{ying Affrdavit La33. Annexure:A : A copy of the letter dated

7 /2/2OL2. ?o4'h" I

4. Annexure:B A copy of the letter dated7 /2 /2ot2. *"t'4c?

5. Annexrrre:C(2OOa-2O 1O)

copy of Progress Report*"t -4>)

6. Anree:<ure:D Copy of the. Letter datedt /2/2Or4. *zz-\zt

7- Anne:rrrre:E Copy of the Letter dated.24 / tO /2Or4. 127'17-l

8. Anrrexure:F Copy of the Meeting Noticedated 5/I2/2O14. Lsl- hst

9. Annexrre:G Copy of t}.e. Minr.tes ofrneeting dated LO/ 12/2014. f?q^44r

10. Annexure:H - Copy of tlee Decision of COPdated 18 / 10 /2014. lr*z- U Z

Date:nhhf-

+ 3S?rN THE HtcH COURI.9| KARNATAKA AT BANGALOREoRrcrNAL .lunrsorCribrrr

BETWEEN

Cancer patients Aid Association

AND

The State Government of Karnataka & Ors. .., RESPONDENTS

r, Ranendra singh Negi, s/o shri Gajai singh Negi, aged about 47 years,presenfly posted as Under secretary to the Government of rndia, Ministry of Hearth &Family Welfare, as Respondent No. 4, submit as under:

1. rsubmit that rhave gone through the copy of the writ petition and rhavealso perused the records and proceeclings pertaining to the subject matter of thewrit petition and on the basis of information derived there from is submitting repryto the writ petition by means of this statement of objections.2' That the instant writ petition has been filed by the petitioner inter-alia

seeking the following relief:

A' Direct the Respondent No.1 state Government and the RespondentNo 5 Tobacco Board to stop a, state and centrar Governmentsubsidies and incentives for tobacco growing, incruding providingfertirizers, pesticide/ fungicides, tarpaulins and coar and similar inputsat competitive rates to tobacco farmers or granting of crop roans fortobacco.

B' Direct the Respondents to provide effective measures, incruding

,, 'nru'tives for tobacco farmers in the state to have arternative

r agricurturar avenues and move away from tobacco farming and takesteps to rehabiritate tobacco farmers and workers engaged intobacco production.

...PETITIONER

-,

bI

*-:neDirect the Respondents to progressively reduce registry fees and

reassign registry and certificate granting authority to either the

Ministry of Agriculture of lndia or Respondent No. 3 from Respondent

No. 5 and stop granting any new tobacco growing licenses or

certificates which would help to prevent an increase in the land area

under tobacco cultivation.

Direct the Respondent State Government to earmark a percentage of

its annual health budget for weaning away farmers from tobacco

cultivation and help them switch to alternate crops/horticultural

products.

Direct the Respondent State Government to set up a Committee

consisting of senior members from the Respondent No.1 and Z

departments being the Health and Family Welfare and the Agriculture

department of the State government and the High Powered

Committee on Tobacco Control to review the monitoring of the

directions issued by this Hon'ble Court and make recommendations.

3. That the use of tobacco is a prominent risk factor for 6 to 8 leading causes

of death and almost 40% o'f the Non communicable Diseases (NCD) including

cancers, cardio-vascular diseases and lung disorders are directly attributable to

tobacco use. As per the Global Adult Tobacco survey-lndia (GATS -2010)

conducted in the age group 15 years and above, over 35% of the adult

population in lndia(almost 29 crores) consume tobacco in some form or other,

with 47% males and 20.8% females consuming some form of tobacco. The

number of deaths every year in lndia which is attributable to tobacco use is

almost 8-9 lakhs(Tobacco control ln lndia Report, 2004). Approximately 50% of

all cancer in males and 20o/o cancers in females can be attributed to tobacco use.

lf the current trends continue and if effective steps are not taken to control.."--1:-., i1

'.-1 '--.i-. }l-*--l .tpblqco consumption, it is estimated that by the year 2020, tobacco use will,.t r^i...;.:l-!,!!it'pblq,

t ,l: .r../.-. r

adoun[ for 1

fhat besides being a major health risk, the use of tobacco and the

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,

it-,' -._"._...:-i{:gq'ociated mortality and morbidity is a significant economic burden on society.

9"1 IAs per the findings of the study titled "Economic Burden of Tobacco Related

Diseases in lndia" (2014) commissioned by Ministry of Health & Family Welfare

the total economic costs attributable to tobacco use from all diseases in lndia in

the vear 2011 for persons aged 35-69 years amounted to Rs. 1.04.5,00 groreg.

T^rs estimated cost was 1.16 % of the GDP and was '12 o/o more than the

ccmbined state and central government expenditures on health in 2011-12.

5. That pursuant to the resolution passed in the 39th and 43'd World Health

Assembly, the "the Cigarettes and Other Tobacco Products (Prohibition of

Advertisement and Regulation of Trade and Commerce, Production, Supply and

Distribution) Act, 2003" (hereinafter referred to as COTPA) has been enacted to

discourage tobacco use and ensure that effective protection is provided to non-

smokers from involuntary exposure to tobacco smoke and children and young

people are protected from getting addicted to the use of tobacco.

6. The statement of objectives as enshrined in the preamble to the COTPA

also considers it expedient to prohibit the consumption of cigarettes and other

tobacco products which are injurious to health with a view to achieving

improvement of public health in general as enjoined by Article 47 of the

Constitution. Article 47 of the Constitution, mandates that:

"The State shall regard the raising of the level of nutrition and the standard of

living of its people and the improvement of public health as among its primary

duties and, in particular, the State shall endeavour to bring about prohibition of

the consumption except for medicinal purposes of intoxicating drinks and of

drugs which are injurious to health."

31 2_

a, Prohibition of Smoking in public places' (Section 4)

b. Prohibition of direct and indirect advertisement' promotion and sponsorship of

cigarettes and other tobacco products'( Section 5)

: Prohibition of sale of cigarettes and other

(Section 6 (a)

tobacco Products to minors'

d. Prohibition of sale of cigarettes and other tobacco products within 100 yards

of any educational institution'(Section 6(b))

e. Display of health warning including pictorial warning on ill effects of tobacco

useonthepackagesofalltobaccoproducts'(Sections7,8,9and10)

ThatonvariousdatesdifferentprovisionsofCOTPA,2003werebrought

to force and subsequently Rrrle(s) have been notified to implement the

provisions of the Act relating to:

(i) Prohibition on smoking in public place by giving a list of places where

smoking is banned and inter-alia also regulating use of tobacco in restaurants'

bars and hotels(Section 4)

(iii) Regulating display of adverlisements of tobacco products at their point of

saleandprohibitinguseofpromotionalpictureandmessageonpointofsale

board (Section 5)

(iv)Mandatorydisplayofhealthmessage,spotsanddisclaimersinfilmsand

television programmes depicting tobacco products or its usage(section 5)

9.

fs9educational institution arc strictly prohibited and that it is a punishable

offence(Section 6)

(v) Mandatory display of Specified Health Warnings including pictorial

warnings on tobacco product packs(Section 7)'

10. That the Hon'ble Supreme Court of lndia vide its final order dated

22.07 ZO13 in the matter of Health for Mittion Vs. tJnion of lndia & Ors.(SLP

No.413-414/2073), with regard to implementation of COTPA,2003 and Rules

enacted thereunder held:

,. We also make it clear that as a sequel to setting aside of the interim order

passed by the High Courl, the Gentral Government and the Governments of

alt the States shall be bound to rigorously implement the provisions of the

2003 Act(COTPA) and the 2004 Rules as amended from time to time" 1_

11. That the Ministry of Health & Family Welfare in the year 2007-08 has also \

launched the National Tobacco Control Programme (NTCP), with the aim and

objective to (i) create awareness about the harmful effects of tobacco

consumption, (ii) reduce the produotion and supply of tobacco products, (iii)

ensure effective implementation of the provisions under "The Cigarettes and

Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade

and Commerce, Production, Supply and Distribution) Act, 2003" (COTPA) and

(iv) help the people quit tobacco use through Tobacco Cessation Centres'

12. That the WHO Frame Work Convention on Tobacco Control (FCTC) is

created to implement efficient methods to reduce tobacco consumption across

the world. The objective of this Convention and its protocols is to protect present

and future generations from the devastating health, social, environmental and

economic consequences of tobacco consumption and exposure to tobacco

smoke by providing a framework for tobacco control measures to be

,. ....:, _implemented by the Parties at the national, regional and international levels in

,"-i''. ! '.i .;..,..,'' :,-*:-'-r.ft]r.U"lto reduce continually and substantially the prevalence of tobacco use and

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:iri _ n,,rr,,"'6xh?,?\rr" to tobacco smoke (Arlicle 3). lt is submitted that FCTC is created to

i ;1e.c:r lio. {jrllo i ,

,:1),,;1,:iilirrlr;ri,#ent efficient methods to reduce tobacco consumption across the worrd.

r.,. . -\ r)/ ...\ /'i.' ,4.*-- "-..!.Nd has ratified FCTC on ZTth February 2005 and is therefore obligated to

.\1.-, l ; :.i..

3

G t7/complyWiththetreatyprovisionsanditsguidelinestoreducetobacco

consumPtion globallY'

13'ThatsomeofthesalientfeaturesofFCTCanclitsguidelinespertainingto

the issues raised in the present petition are:

(i)Article5.3requiresPartiestoacttoprotectthedevelopmentand

implementationofpublichealthpolicieswithrespecttotobaccocontrolfromthe

commercialandothervestedinterestsofthetobaccoindustry,inaccordance

withnationallaw.TheGuidelines,underArlicle5.3,recommendagreed.upon

measurestoensurethatefforlstoprotecttobaccocontrolfromtobaccoindustry

interferencearecomprehensiveandeffectiveandthatmemberstatesdonotgive

preferential treatment to the tobacco industry'

(ii)ArticlelTrequiresPartiestopromote'asappropriate'economicallyviable

alternatives for tobacco workers, growers and, as the case may be' individual

sellers.

(iii) Article 18 requires parties in carrying out

Convention, to have due regard to the protection

health of persons in relation to the environment in

manufacture withi n their respective territories'

Thattheanswerlngrespondenthastakenseveralstepsinthisregardsas

1)AletterdatedTthFebruary,2Ol2wasissuedbySecretary(Health)to

MinistryofCommercetoconsiderschemesaimedatatimeboundand

targetedreductioninFCVtobaccocropinthecomingyearssoaStomeet

ourobligationsunderWHoFcTcaswellastoreducethehealththreatto

ourpeoplefromtobaccouse'ltwassuggestedthatforthispurpose,the

tobaccofarmerswhoarewillingtoshiftovertootheralternativescou|dbe

providedwithsupportbothmonetaryandtechnical,forsomeperiodsothat, ,_t ;,.

. *' '"'t--:*-1 .i.thqY do not suffer losses'

,' ',i)''

^',n".,, .,.,;1.^\opy of the letter dated 7th February' 2012 is annexed herein and is

; -j: i D?:ii, '\ '' \i' i ,,.ao.\!c.,:.7tll I I

I -..\ '--;i; "'r'.,,''v rJl-4rtted as ANNEXURE - A)

'. . ", -\\ 21 .'l i',lt:i :': t ",,' a'.:i ,l' i.t'..'i--- - - -','-"'i.)''

'-"r,''-.:'ii.'

their obligations under the

of the environment and the

respect of tobacco cultivation

? sr!'2) A ietter dated 7th February, 2012 was issued by Secretary (Health) to

Department of Agriculture & Cooperation (DAC) to consider development of

new Schemes/ Programmes or modification of existing schemes for

providing alternate crops to tobacco growers and also economically viable

options with support for tobacco growing farmers who are willing to shift over

from tobacco, as a part of 12th Five Year Plan. lt was emphasized that this

would ensure gradual reduction in the area under tobacco cultivation thus

reducing its supply and would be a great step fonruard towards a sensitive

and effective health policy without affecting economic interests of the

tobacco growers. (A copy of the letter dated 7th February,2012 is annexed

herein and is marked as ANNEXURE - B).

The Ministry of Health & Family Welfare in collaboration with Central

Tobacco Research Institute (CTRI), Rajmundhry, launched a Pilot project on

developing "Alternative cropping system to bidi and chewing tobacco" in 5

different agro-ecological regions in the country. The objective of this project

was to find out viable and sustainable alternatives to Non-FCV tobacco

(bidi/chewing) crops. The pilot project was carried out in different agro-

ecological sub-regions of Nandyal (Andhra Pradesh), Anand and Dharmaj

(Gujarat), Nippani (Karnataka), Vedasandur (Tamil Nadu) and Dinhata (West

Bengal). (The study report is annexed herein and is marked as ANNEXURE

- c).

A "National Consultation on Economics of Tobacco" was organized by

Ministry of Health & Family Welfare, Government of lndia on 20-21

December, 2012, with representatives from Ministry of Finance, Ministry of

Commerce, Ministry of Agriculture, Ministry of Labour, Ministry of Rural

Development & Environment, all the state Governments, United Nations

(UN) agencies like lLO, FAO, UNDP, IFAD and World Bank etc,. The key

, ;'i.''' 1

. " i..-.--'-r'-,... - qecommendations of the Consultation were as follows:,rl:.;,. .\

,;1lr;,.'1,tt,','".t''\r,,;'\i1 Government to make efforts to progressively discontinue all forms'-i r-''j" -.., \ 1 -----' I i- -.,.,r l\t:'. -'""' I ;

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t ',-;,..,-r:- ,,',' -i.:-r'l of institutional support to tobacco production, including promotion,','.2:''-

.r'.;.",',.,/t.,., ,\;,---.. : ,'...'),,' market suppotl and subsidies.

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(i i)

(iii)

a e?{lncentives and support to be given for tobacco control measures

and viable alternatives to tobacco.

A rapid assessment to be done on current policies to analyse which

aspects are contradictory to tobacco control policies and WHO

trCTC and mandate immediate change.

Data collection to be done to provide actual numbers of tobacco

farmers, workers, bidi rollers and tendu leaf pluckers employed in

the tobacco sector with geographical distribution and number of

days/months spent on this employment.

Ministry of Agriculture, Ministry of Labour & Employment and

Ministry of Rural Development to initiate a comprehensive, national

initiative on economically viable alternate vocations for tobacco

workers and growers, in coordination with all key stakeholders

through public-private partnership across states.

Ministry of Labour, Agriculture and Rural Development to draw a

clear roadmap on alternate livelihoods each for Tobacco Farmers

and Bidi Rollers in view of the country's obligations under WHO

FCTC.

(vii) ln compliance to Article 5.3 of the FCTC, Government to set up

clear protocols/guidelines or code of conduct for prohibiting any

form of partnership with the tobacco industry. No investments by

governments or public officials be made in the tobacco industry and

no industry representation be present on government tobacco

control bodies. All government interactions with the tobacco

industry to be transparent and made public.

(iv)

(v)

(vi)

There should be a clear roadmap for gradually phasing out tobacco

cultivation in the next 20 years and assisting farmers to shift to

viable alternatives.

Ministry of Agriculture and Ministry of Commerce to discontinue atl l\

direct and indirect incentives and subsidies both at the central and II

state level, such as, fertilizer subsidy on DAP, urea, NPK, J

(viii)

r v r:x,.,

\\6^u(

3qrinsecticides, and pesticides, etc.), to tobacco farmers in a phased

manner. Facilities like soft loans and credit facility for cultivating

tobacco also be discontinued.

(x) lncentives and support to be given by Ministry of Agriculture and

f.t -is:i/ of commerce, through a separate fund towards alternate

:'ocerng initiatrves for tobacco growers who want to shift.

txi) Tre Tobacco Board (Ministry of Commerce) and the Central

Tobacco Research lnstitute (Ministry of Agriculture) should revise

their mandate and provide a rehabilitation package with technical

assistance, market support, and subsidies for farmers who want to

shift to other crops.

(xii) The Directorate of Tobacco Development, Chennai, under Ministry

of Agriculture to be re-structured as "Directorate of crop

Diversification Board for Food security" to provide all required

technical and institutional support to farmers to shift to alternate

crops.

(xiii) The National Agriculture lnsurance Scheme/ Rashtriya Krishi Bima

Yojana (under Ministry of Agriculture) Small Farmers Agro-

Business consortium, National Bank for Agriculture and Rural

Development (NABARD) and United Nations Development

Assistance Framework (UNDAF) to be approached to organize

farmer groups and support alternate cropping,

(xiv) Ministry of Agriculture in collaboration with Ministry of Health and

Family welfare and the Tobacco Board to initiate the pilot on

alternate cropping in 2013-14 beginning with non-FCV farmers who

are inclined to shift to other crops.

Ministry of Health and Family welfare and Ministry of Agriculture in

collaboration with state Agriculture Deparlment, Agriculture

Universities and Krishi Vigyan Kendras (KVK',s) to initiate

sensitization and awareness programmes for tobacco farmers as

(xv)

w 3?8well as policymakers on health impact and environmental impacts

oftobaccofarming,andlong.termbenefitsofshiftingtoothercrops.

(xvi) Ministry of Labour and Employment to draw a roadmap for

gradually phasing out bidi rolling in the next 20 years and the bidi

rollerstobeprovidedalternativesourcesoflivelihood.Ministryof

Labour and Employment to launch training programmes on

alternatevocationsacrossstatesforbidirollerswhowanttoshiftto

other occuPations'

(xvii)TheNationalRuralLivelihoodsMission,MahatmaGandhiNational

Rural Employment Guarantee Act (MNREGA) and other poverty-

reductionprogrammestoprovideaviableumbrellatosupportbidi

rollersandtobaccoworkersforshiftingtoalternative

vocations/sources of livelihood'

(xviii)Tenduleafpluckingisaseasonaloccupationandleavespluckers

withnoalternatevocationsformostpartoftheyear.State

Governmentstoprovidesupportforthemtomovetoalternate

forest produce/alternate livelihoods'

5)Aletterdatedl,tFebruary,zol|wasissuedbySecretary(Ministryof

Health&FamilyWelfare)toMinistryofCommerceinviewoftheaforesaid

recommendation of the expert group on "Economically Viable

AlternativesforTobaccoWorkersandGrowers''intheNational

consultationonEconomicsofTobacco.Theletteralsoreferredtothe

PilotProposalon..RehabilitationpackageforFCVtobaccogrowersfor

shiftingtoalternativecrops"preparedbyTobaccoBoardin2009'for

phasingouttobaccocultivationandforrehabilitatingabout50%ofthe

tobaccogrowersoveraperiodof,l0yearsandreducethenumberofbarns

to50'000bytheyearZO2O'Theproposalalsorecommendedafinancial

10

s17(A copy of the letter dated 1't February,2014 is annexed herein and is

marked as ANNEXURE - D)

6) That vide letter dated 1't October 2014, the answering respondent had

requested the Ministry of Agriculture and Ministry of commerce for

consultation to develop a scheme to encourage farmers to give up tobacco

farming without any economic loss to them'

7) That vide letter dated 24th October 2014, the answering respondent had

requested the cabinet secretary, Government of lndia, to constitute an

lnter-Ministerial committee of secretaries at the national level to review and

developacomprehensivepolicyontobaccoandtobaccoproductsand

facilitate inter-ministerial coordination with respect to the issues on

WHoFCTC compliance, enforcement of the tobacco control legislations'

tobaccoproduction,trade,commerce,taxation,productregulation,

economically sustatnable alternative to tobacco growers and workers etc''

The reference note circulated with the letter emphasized on, developing

policies promoting economically sustainable alternative livelihood to

tobacco, establish mechanism within existing system to support alternative

livelihoods, curtail policies that promote and support tobacco farming and

tobacco board as it is in conflict with the objectives of coTPA, 2003'

(A copy of the letter dated 24th October 2014 is annexed herein and is

marked as ANNEXURE - E)

8) That pursuant to the letter dated 24th October, 2014 an lnter-Ministerial

Committee was set up to review and develop a comprehensive policy on

tobacco and tobacco related issues. The meeting notice was issued on Sth

December2Ol4,alongwithanexecutiveSummaryandbackgroundnote.

ThenoteonceagainemphasizedontakingstepstoimplementWHoFCTC'

developing policies for promoting economically sustainable alternative

trt<.trr\vi II11

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-1.;l I ii : - livelihood for tobacco growers and workers, curtall policies that promote and

,ijir,..,,r.r,l<,,.',ti" *O\rOort tobacco farming and to revisit the mandate of Tobacco Board' lt isI ' --ilrr I

..I i-'j''i'.-^^t \-t

i i.tl :l"r;;,,;.i jres,bectfutty submitted that the aforesaid points were discussed in the first

^^.r rrrnrrzaro errrtail nnlieies that oromOtg and

'' I .:?^.:: flo ri"" iqqs,[ectfutty submitted that the aforesaid points were dlscusseo

, -_\ 'u.iu.ri;';;'i

r/. ".,t'i:ii){ "_):r;,, eting of the committee of secretaries on 1Oth December 2014'

'r. i' i- . ^', :'- ''" .",'\ i t ^\\_:*::"-i_.

4oo 12

alongwith executive

and is marked as

(A copy of the meeting notice 5'h December 2014

summary and background note is annexed herein

ANNEXURF - F)

g) That the first meeting of the Committee of Secretaries was held on'10th

December20l4,whereMinistryofCommercestatedthattheyhadproposed

a..BarnBuyout,,schemeforproductionofalternatecropsbythetobacco

farmersandtheDeparlmentofAgriculture&Cooperationweretorespondto

thatproposal.Anotherissuethatwasraisedwaswhetherpublicsector

financialsupportforactivitiesinvolvingvalueadditiontotobaccoinvarious

formswasnecessaryorevendesirable'TheCommitteehasrecommended

thattheMinistryofHealth&FamilyWelfare,Governmentoflndiabeingthe

core and nodal ministry for WHoFCTC and on matters related to compliance

withFCTC,shouldcoordinateandresolvetheissuewithDepartmentof

AgricultureandCooperationonthebuyingofbarnsproposalofDepartmentof

Commerce etc'

(AcopyoftheMinutesofMeetingdatedl0thDecember2Ol4isannexed

herein and is marked as ANNEXURE - G)

15) That the conference of the Parties (hereinafter as coP) is the governing

bodyoftheWHoFCTCandiscomprisedofallPartiestotheConvention.

CoPkeepsunderregularreviewtheimplementationoftheConventionand

takesthedecisionsnecessarytopromoteitseffectiveimplementation.CoP

initssixthsessionatMoscow,from.l3-lSoctober2Ol4,adoptedthe

policyoptionsandrecommendationsoneconomicallysustainable

alternativestotobaccogrowing(inrelationtoArticleslTandlsofthe

WHO FCTC). The key policy options and recommendations are:

ltJ

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implementation

-r- 4"(

\.:,; t,,,' ' '' trevelopmentprogrammes'r. I ..i_

t.. r.,' 'i' i' ,

ij t:rirr)The promotion of economica*y sustainabre arternative livelihoods should

becarriedoutwithinaholisticframeworkthatencompassesallaspectsof

the livelihoods of tobacco growers and workers (including the health'

economic' social' environmental and food security aspects)'

(iv) policies promoting economica'y sustainabre arternative tiverihoods should

beprotectedfromcommercialandothervestedinterestsofthetobacco

industry'includingleafcompanies'inaccordancewithArticle5'3ofthe

WHO FCTC and its guidelines icultural and non-

(v) Diversification strategies should include both agr

agriculturalopportunities,includingshiftingfromoneagriculturalproductto

another' Diversification strategies should encompass a vision of

sustainable development of the agrarian sector lt should include

diversiriedproductive:r:,::;'#::l;:,,:;:r:":::.:,:Jt:short suPPlY chains linked wt

agricultural and non-agriculturat activities'

(vi)ResearchshouldbeundertakenwhereneededinacomPrehensiveway

andshouldcoverallelementslinkedwithtobaccogrowing,including

profitability'butalsothehealth,environmentalandsocioeconomiccosts.

(vii) Removing obstacles to diversification or the shift to alternatives to

tobacco farming. 1Lr6 oolicies of different

(viii)Keeping coherence amon9 L' rv

ministries/departments .rr nnr encourage and not provide any

(ix)Tobacco-growing countries should not encour

incentives to increase the acreage of land used for cultivating tobacco'

(x)Tobacco.growingcountriesshouldconsiderreallocatingnuuricl

funds/subsidies used for tobacco production to alternative livelihoods )

that Promote

,i:ifi:, and resuratins tobacco industry stratesies I

,.r' ,' ir^r-- .-"'--,' '

d the manufacture of tobacco products'

/'"'i-li.'-, "rrn ri;-: r . robr""o farming and ine *" *^*;,,arihood

options into government rural

,'i"'r- r)ij"1' -....,. '"::"":-:.,-'". ",,"rnative

crops/livelihood options into go

" \ ,:rl,';i,,u', (xii) Mains*"'":^:.amffies.

4r^(xiii) Establishing mechanisms within the existing

alternative livelihoods.

14

r support

(xiv) Ensuring social, health and environmentalgrowing regions.

'- '-"'ttErrriil protection in tobacco-

(A copy of the decision of the COp in its sixth session, dated lgth Octobe r ZO14is annexed herein and is marked as ANNEXURE _ H)It is evident from above that

with the rerief sought in the present

the answering respondent is in agreementpetition and does rsubsidies for tobacco farming, which incentivises tobac

support granting of.;:-":;;j:the answering respondent is taking necessary steps to discourage tobacco useand ensure that tobacco farming and trade is not promoted through subsidies andporicies for promoting economicary sustainable atternativ"

tlgrowers and workers are developed. --'v qrrsrnattve livelihood for tobacco

ln view of the above facts and circumstances this Hon.hr^ n-be preased to pass any order as deemed fit, proper and just. Hon'bre court may

Place:Date: g! ,Z . Lo t 5 MU

Counsel tor Respondent No. 4