As per the act, all tobacco manufacturers, including international companies, must cover 75 per cent the packaging surface of their products with pictures that explicitly show hazards of smoking.[break]
The packets also need to carry anti-smoking messages that make people aware of dangers of smoking. Also, tobacco manufacturing companies cannot decorate products of their packets with attractive images unlike now.
Although tobacco companies are obliged to print anti-tobacco pictures and messages on their products´ packets within 180 days of approval of the act by President Dr Yadav, Ministry of Health and Population (MoHP) has not yet finalized a directive to this effect, leaving the act unimplemented. Health Minister Rajendra Mahato has been blamed by anti-tobacco activists for the delay in finalizing the directive.
"By today [Friday], all tobacco companies should have covered three fourth of the packaging surface of their products with anti-smoking pictures and messages. And, the government should have banned all those products that do not fulfill legal obligations," said Shanta Lal Mulmi, executive director of the Resource Center for Primary Health Care, one of the leading anti-tobacco campaigning groups on Friday. "However, tobacco companies are still allowed to sell their products without fulfilling obligations even 180 days after the president approved the act. This is solely because of the delay by the government in finalizing the directive."
Without finalization of the directive, tobacco companies cannot be forced to replace their existing packaging of their products that carry an almost invisible message in the name of making smokers aware of health hazards. However, let alone finalizing the directive, the MoHP has not even sought necessary consents from the Ministry of Law and Ministry of Industry.
The unjustified delay by the MoHP has fueled doubts among the anti-tobacco lobby whether Health Minister Mahato has collided with tobacco companies that want the anti-tobacco law to become ineffective. Mahato did not answer calls when Republica tried to contact him.
"We tried to meet Minister Mahato with the objective of reminding him of the fast-approaching deadline for finalizing the directive," Mulmi said. "But he kept on putting off a meeting with us under the pretext of Tihar and Chhath festivals."
Previously, the act had banned smoking in public after 90 days of its approval by President Dr Yadav. However, the government has come in for vehement criticism for its failure to form a strong mechanism to punish those who smoke in public. Even six months after the act was passed, the sight of people smoking in public is quite common.
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