The Act traces its origins to international resolutions adopted by the World Health Assembly (WHA). The 39th WHA in 1986 urged member states to protect non-smokers from secondhand smoke and prevent youth addiction to tobacco. This was reinforced by the 43rd WHA in 1990, which called for stricter regulations, including bans on tobacco advertising and promotion. India’s enactment of COTPA in 2003 was also influenced by Article 47 of the Indian Constitution, which directs the state to improve public health and prohibit harmful substances like tobacco.
Prior to COTPA, the Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 regulated tobacco but lacked comprehensive provisions on advertising, packaging warnings, and public smoking bans. The 2003 Act repealed the 1975 law and introduced stricter measures to address the evolving challenges of tobacco consumption.
Public Health: COTPA has raised awareness about tobacco risks through warnings and reduced public smoking.
Enforcement Issues: Violations, especially near schools and by minors, persist due to lax enforcement.
Judicial Interventions: Courts have upheld the Act’s provisions, including enhanced packaging warnings (e.g., 85% rule in 2016).
COTPA represents India’s commitment to global tobacco control efforts, blending regulatory measures with public health goals. While the Act has significantly curbed tobacco advertising and public smoking, challenges remain in enforcement and compliance. Amendments like stricter penalties for hookah bars (by states) reflect evolving strategies to combat tobacco use. The Act’s success hinges on robust implementation and continuous updates to address emerging trends like e-cigarettes and smokeless tobacco.