[Intl-tobacco] India: Government defends screen smoking ban, but proposes exemptions

[robert weissman]

http://in.rediff.com/news/2005/nov/10ban.htm

Government defends screen smoking ban, but proposes exemptions

November 10, 2005 21:50 IST
Last Updated: November 10, 2005 22:29 IST

Defending the controversial notification banning smoking in movies, the
government Thursday informed the Delhi High Court it was willing to
provide certain "exemptions", including allowing use of tobacco by
actors depicting historical personalities.

"After considering the views expressed by various stakeholders, the
government is considering exemptions", an affidavit, filed by the Union
health ministry before a division bench of Justices Mukul Mudgal and H R
Malhotra in response to a petition by director Mahesh Bhatt challeging
the ban.

The proposed exemptions would cover the depiction of smoking and use of
tobacco products with regard to historical personalities and eras or
during live telecast and documentaries on the ill effects of the
products, the affidavit filed by government's counsel Suresh Kait said.

However, the affidavit stoutly defended the notification on the ground
it evoked wide support from a larger part of the society.

Maintaining that the state has a duty in furtherance of the Directive
Principles to "protect citizens from harmful and noxious products", the
centre asserted that the petitioner has no fundemental right to depict
film characters smoking to promote them as glamorous.

"There is no fundamental right to trade in tobacco, much less a
fundamental right to depict smoking by film/ TV characters", the
affidavit said.

The government said that it had been receiving wide support from
students and parents as well as from NGOs supporting the ban.

Earlier during the hearing, the bench observed that "while the
government's objective of discouraging smoking is laudable, at the same
time's its action should be inferred as encroaching upon the freedom of
expression and speech of the citizens."

"Tommorow a situation may arise when the government may decide to ban
kissing scenes or a boy meeting a girl on the screen", the bench
observed in a lighter vein evoking laughter in the courtroom.

The court has adjourned the hearing to December 2 when the ministry of
information and broadcasting is expected to file its reply.

The government's May 31st was in tune with the 'Cigarattes and Other
Tobacco Products (Prohibition of Advertisemnt and Regulation of Trade &
Commerce, Production, Supply and Distribution) Act, 2003, which aims at
saving people from involuntary smoking and prohibits direct or indirect
advertisement of tobacco products.

Bhatt sought quashing of the notification issued terming it as violative
of the fundamental right to freedom of speech and expression guaranteed
by the Constitution.