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Goan bureaucrats, tobacco lobbyists stall anti-smoking bill

Sandesh Prabhudesai in Panaji

A nexus between Goan bureaucrats and the tobacco lobby has apparently delayed final clearance to the Goa Smoking and Spitting (Prohibition) Bill, which the state assembly unanimously passed three months ago.

The objections raised is not against the prohibition on smoking in public, which the bill seeks to implement, but the total ban on the promotion and advertising of all tobacco-related products in any form in the state.

The bill is awaiting gubernatorial assent to become law. Governor of Goa and Maharashtra Dr P C Alexander has, in turn, referred the bill to the President of India, claiming that certain provisions within are repugnant to guidelines laid down by the Centre concerning advertisements.

The bureaucrats point out to the difficulties inherent in the legislature as reasons for the delay. "It is impractical (to ban advertisements) when satellite channels and periodicals from outside Goa a advertising tobacco products are in circulation in the state," says Goa Chief Secretary Dr G C Srivastava.

Srivastava also admits that he had deleted the clause concerning tobacco advertisement while forwarding the bill to the state cabinet. However, the select committee had the clause included, which was then unanimously passed.

Anti-tobacco organisations are quick to point to a nexus between the bureaucrats and the tobacco lobby. "Assent is being delayed because of the increasing pressure from the tobacco lobby," alleges Dr Sharad Vaidya, chairman, National Organisation for Tobacco Eradication. Vaidya is suspicious of Srivastava since the latter had served as the secretary of the Indian Council for Agriculture Research, which Vaidya links to the tobacco lobby.

The Tobacco Institute of India has already objected to the ban on advertisements, claiming it would adversely affect the tourist traffic Goa attracts. Tourism is Goa's primary source of revenue. The institute alleges that the ban would put hotels and restaurants out of business, resulting in layoffs and making hundreds of people jobless.

Defending his move in sending the bill to New Delhi, Goa Governor Alexander says he had no option because the central government asked him to refer the bill to the President. While reserving his opinion on the bill, he, nevertheless, clarified, "I have refused to meet the Tobacco Institute delegation on the issue."

Incidentally, a similar legislation passed by the Delhi government has already been cleared by the President. But the Goa bill is quite different from the Delhi law as far as tobacco promotion and advertising are concerned. The Delhi law only bans notices, circulars, wall papers, pamphlets, displays, hoardings, or visible representation by way of light, sound or gas, etc.

The Goa bill, on the other hand, seeks to ban advertising even in the form of writing instruments, stickers, symbols, colours, logos, trade marks, displaying it on T-shirts, shoes, sportswear, caps, carry bags, telephone booths, etc. It is far more exhaustive.

If the provision concerning advertisements is not dropped, the tobacco lobbyists are apparently seeking to delay the assent till December 28, when Goa will host one of the India-Sri Lanka cricket match series. Cigarette manufacturers are prominent advertisers at cricket matches, and cigarette hoardings a common sight.

There is also a cabinet link to cricket. Dayanand Narvekar, the all-powerful irrigation minister, is also the president of the Goa Cricket Association. This can only strengthen the hands of the bureaucracy, who will now have a political blessing in its stand against the bill.

If the bill is not assented to, it will be worth watching the government's reaction in the state assembly during the winter session in December.

In another development, the National Organisation for Tobacco Eradication has begun to flex its muscles against the bureaucrats-tobacco lobby nexus. Linking up with with 15 other non-governmental organisations, its has faxed a memorandum to the President urging him to clear the bill in toto.

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