India: New Law to Protect Juveniles

Source from:  The Times of India 02/01/2016

The Juvenile Justice (Care and Protection of Children) Act, 2015 that came into force this month will serve as a great deterrent to vendors of addictive substance in dealing with juvenile customers.

The Act deals with liquor, smoking and drugs and imposes heavy penalty, including imprisonment of up to seven years, to those who provide substances that are addictive in nature to children.

Until this Act came into force, those found selling tobacco products to a person below 18 years, and vendors within 100 yards of any educational institution, were liable to pay a fine of up to 200 under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

The Act also specifies that tobacco products cannot be handled by a minor or sold to a minor, even by way of a vending machine. The onus of proof that the buyer is not a minor falls on the seller.

The new Act will further prevent minors from being exposed to tobacco products when they're most vulnerable to them. Clause 77 under Chapter IX on 'Other offences against children' in the Act states, "Whoever gives, or causes to be given, to any child, any intoxicating liquor or narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine, which may extend up to one lakh rupees."

Manipal Hospital, Goa, chief of department of oncology, Dr Shekhar Salkar, who is also the general secretary of the National organization for tobacco eradication (India) has welcomed the Act, and has even sent a letter to Union minister for women and child development, Maneka Gandhi, congratulating her for resisting heavy pressure from the tobacco lobby. The Act, Salkar says, is a great step towards saving children in India. "For every 100 people who are introduced to tobacco, only 30 give up, with 70 consuming it till the end of their lives. The best way to give up would be not to start taking tobacco at all. Youngsters are especially prone to getting addicted to it and this Act has come to their rescue," Salkar said.

Nearly 27.5 crore Indians use tobacco and a vast majority of them start in their childhood. The global adult tobacco survey states that the age of initiation of tobacco habits in India is 17 years. Up to 20% of children in India are users of tobacco and more than 5500 children and adolescents start tobacco consumption daily.

Salkar has also written letters to the collectors of North and South Goa, requesting them to call a meeting of stakeholders for strict implementation of the law. Enditem