UK PM Rishi Sunak faces resistance over his smoking ban plans
London, Apr 16: British Prime Minister Rishi Sunak faces very vocal resistance against his plans to effectively ban smoking for anyone aged 15 and younger as a new bill comes up for a vote in the House of Commons on Tuesday.
The British Indian leader proposed the Tobacco and Vapes Bill last year and declared his vision for creating a “smokefree generation” by making it an offence to sell tobacco products to anyone born after January 1, 2009, which covers children aged 15.
Once it clears its parliamentary journey, the new legislation will introduce some of the world's strictest anti-smoking laws in the country.
“I propose that in future we raise the smoking age by one year, every year. That means a 14-year-old today will never legally be sold a cigarette and that they — and their generation — can grow up smoke-free. We know this works,” Sunak had declared at the Conservative Party conference in October last year.
As there is Opposition backing for the bill in Parliament and governing Conservative MPs have a free vote on the bill, any Tory votes against the bill will not be seen as a full-blown rebellion against the Prime Minister.
But two of Sunak’s immediate predecessors, Liz Truss and Boris Johnson, have been leading a very vocal group of Tories who plan to vote against the bill as “un-Conservative” and taking away choice from the public.
“The truth is that there is no safe level of tobacco consumption. It is uniquely harmful, and that is why we are taking this important action today to protect the next generation,” said UK Health Secretary Victoria Atkins.
“This Bill will save thousands of lives, ease the strain on our NHS [National Health Service], and improve the UK’s productivity,” she said.
Under the new law, smoking itself would not be criminalised, and anyone who can legally buy tobacco will not be prevented from doing so.
The ban aims to stop people from smoking even before they start as the government pointed to its highly addictive nature, with four in five smokers picking it up before the age of 20, remaining addicted for life.
If passed, the bill will progress to the next stage, bringing the UK closer to creating the first smoke-free generation, the government says.
Under the plans, trading standards officers would get new powers to issue on-the-spot 100-pound fines to shops selling tobacco or vapes to children, with all the money raised going towards further enforcement.
"This historic legislation will consign smoking to the 'ash heap of history'," said Deborah Arnott, head of the charity Action on Smoking and Health (ASH).
The Tobacco and Vapes Bill would also give the government new powers to tackle youth vaping by restricting flavours and regulating the way that vapes are sold and packaged to make them less appealing to children.
The UK's Department of Health and Social Care (DHSC) said while vaping can play a useful role in helping adult smokers to quit, non-smokers and children should never vape.
The long-term health impacts of vaping are unknown, and the nicotine contained within them can be highly addictive, it warned.
According to official figures, responsible for around 80,000 deaths annually, smoking is the UK’s single biggest preventable killer and costs the NHS and economy an estimated GBP 17 billion a year — more than the GBP 10 billion annual revenue from tobacco taxation.
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SC bars Centre from granting retrospective environmental clearances
New Delhi, May 16 (PTI): The Supreme Court on Friday said the right to live in a pollution free atmosphere was a part of the fundamental right as it struck down Centre’s office memorandum allowing ex post facto or retrospective environmental clearances to projects in violation of norms.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by Vanashakti organisation and said, "The Union Government, as much as individual citizens, has a constitutional obligation to protect the environment.”
The court said it "must come down very heavily" on the Centre's attempt to do "something which is completely prohibited under the law".
It added, "Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC. The 2021 OM has been issued in violation of the decisions of this court…."
The bench, therefore, declared the 2021 office memorandum (OM) and related circulars “arbitrary, illegal, and contrary to the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006".
The Centre, as a result, was restrained from issuing directions for grant of ex post facto clearances in any form or manner or for regularising the acts done in contravention of the EIA notification.
“Under Article 21 of the Constitution, the right to live in a pollution free environment is guaranteed. In fact, the 1986 Act has been enacted to give effect to this fundamental right… Therefore, even the Central Government has a duty to protect and improve the natural environment,” it said.
The court ruled these measures unlawfully permitted the regularisation of projects that had violated environmental laws.
“This court in several decisions has held that the right to live in a pollution free atmosphere is a part of the fundamental right guaranteed under Article 21 of the Constitution of India,” Justice Oka, writing for the bench, said.
Referring to a March 14, 2017 a notification of the Ministry of Environment, Forest and Climate Change, the bench said it was made applicable to projects or activities that have started the work on site, expanded production beyond the limit of EC, or changed the production mix without obtaining EC.
“There is already a concluded finding of this court that the concept of ex post facto or retrospective EC is completely alien to environmental jurisprudence and the EIA notification,” it added.
The violation of the condition of obtaining prior EC must be dealt with heavy hands, it said.
“In environmental matters, the courts must take a very strict view of the violations of the laws relating to the environment. It is the duty of the Constitutional courts to do so,” it said.
The bench illustrated the drastic consequences of large-scale environmental degradation on human lives in Delhi and several other cities.
“At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing,” it said.
The bench said the OM was violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment and it also infringes the right to health guaranteed under Article 21 of the Constitution.
Trashing the OM, the bench asked, “Can there be development at the cost of the environment? Conservation of environment and its improvement is an essential part of the concept of development.”
The top court further opined courts should come down heavily on such attempts.
"As stated earlier, the OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment,” it noted.
Apart from the violation of Article 21, such an action was stated to be in complete violation of Article 14 (right to equality) aside from being violative of the 1986 Act and the EIA notification.
The bench, however, said the ex post facto environmental clearances granted in certain cases both under the 2017 notification and the 2021 OM, at the present stage, wouldn't be disturbed.
