Karnataka tightens COTPA rules; penalty for violations, legal age for purchasing tobacco products raised
The amendments —through which the maximum fine for violations under tobacco control laws has been increased from ₹200 to ₹1,000 and the legal age for purchasing tobacco products has been raised from 18 to 20 years— were approved by President Droupadi Murmu on May 23.
The amended Act — the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Karnataka Amendment) Act, 2024 — was published in the Karnataka Gazette on May 30.
In addition to the existing ban on tobacco consumption in public places, chewing and spitting tobacco has also been prohibited. The other key amendments include a ban on the sale of loose cigarettes or single sticks and strict prohibition on the sale of tobacco products within 100 metres of any educational institution. This was earlier within 100 yards.
Hookah bars
The State has also imposed a blanket ban on hookah bars, regardless of whether they are located in restaurants, pubs, or cafes. As per the newly added Section 4A, operating a hookah bar will now invite imprisonment of one to three years and fines ranging from ₹50,000 to ₹1 lakh under Section 21A of the Act. Despite an earlier ban, hookah bars were still found operating illegally in parts of Bengaluru.
While designated smoking areas (DSAs) will still be allowed in hotels with over 30 rooms, restaurants with seating for more than 30 and airports, penalties for violations have increased from ₹ 200 to ₹ 1,000 under sections 21, 24, and 28.
Health Minister Dinesh Gundu Rao said these amendments are part of the State government's larger strategy to safeguard public health, particularly in the younger generation in sensitive areas like schools and colleges.
Stringent enforcement
Surgical oncologist U.S. Vishal Rao, who is a member of the State government's High-Powered Committee on Tobacco Control, said the amendments are a significant step in the effort towards achieving tobacco control in Karnataka.
'We have known that as per data from the latest Global Adult Tobacco Survey (GATS) for India, there has been a reduction in the number of tobacco users by about 81 lakh. Specifically, the prevalence of tobacco use among adults aged 15 and above has reduced by 7%. The amended Act makes enforcement more stringent, reducing the accessibility of these products to youth who are the main targets of the tobacco companies for initiating addiction,' Dr Rao told The Hindu.
Following the amendments, the Bengaluru City Police Commissioner B Dayananda has appealed to all proprietors of hotels, bars, restaurants, clubs and pubs to remove illegal designated smoking areas (DSAs) or rooms which are not compliant with COTPA rules.
'DSAs must be distinctly marked and adequately ventilated as per the COTPA guidelines to ensure non-smokers are not exposed to second-hand smoke. It is imperative to note that providing of food, water, beverages, or any tobacco products within DSAs is strictly prohibited,' stated the appeal dated May 31.
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