News analysis

INDIA: COURT BANS TOBACCO BOARD FROM TRADE SHOW The Global Tobacco Networking Forum (GTNF) 2010, billed by its organisers as ‘The greatest tobacco talk show on Earth’, was held in October in the south Indian city of Bengaluru (formerly Bangalore). The popular Indian slogan, ‘India shining’, encapsulating the optimistic spirit of India’s ongoing economic resurgence, mightwell have been uttered by conference delegates contemplating the country’s thriving tobacco market. However, it is in stark contrast to another aspect of India today: around one million people dying from tobacco related illnesses every year. The conferencedthe third of its kind, previously held in Brazil and Thailandd offered its delegates (only representatives of the industry) a unique package of experiences. First, a field trip to have a close-up view of tobacco fields, crop varieties, auction platforms, best practices and interaction with tobacco growers. Second, a two-day interactive meeting to present and discuss burning contemporary issues of the industry. The topics at the interaction ranged from routine manufacturing issues (‘sustainability ’, ‘ingredients’), to trade regulation and policy (‘FCTC: what it is, what it should be’, ‘taxing to the max’). The event was a closed one where, apart from stringent rules on eligibility to participate, there was also a strict code of conduct limiting note-taking, prohibiting photography and presumably controlling press coverage (which was negligible). Given the fact that leading Indian and international tobacco companies sponsored the forum, it is reasonable to conclude that much of the agendadapart from ‘networking’dwas promotion and celebration of the industry. Unfortunately, the Indian Tobacco Board of India (ITB), a government entity established under the Union (federal) ministry of industry and commerce, was one of the sponsors. By its own admission through a right to information (RTI) act reply, ITB committed 326 630 INR (approximately US$7250) to guide the delegates on the field trip. This was done despite the fact that India ratified the FCTC in 2004 and has a national tobacco control law that prohibits direct or indirect promotion of tobacco in the country. After spotting the logo of ITB on the GTNF website, civil society organisations mounted concerted advocacy campaigns, including writing to concerned political leaders, gathering signatures, organising a ‘walkathon’ protest, engaging media and an online petition against the government’s sponsorship of this private trade event. Reacting to a question raised in the lower house of parliament, the minister of state for commerce and industry acknowledged concerns expressed by NGOs, but justified the sponsorship in the context of the mandate of ITB to promote Indian tobacco varieties. With no favourable response from ITB, the Institute of Public Health (IPH), a Bengaluru-based NGO, filed a public interest law suit in the provincial (Karnataka) court. In its third hearing on 17 September, the high court ruled that such sponsorship amounted to indirect promotion of tobacco and hence violated section 5 of the national tobacco control law and article 13 of the WHO’s Framework Convention on Tobacco Control (FCTC). The court duly issued an interim order directing ITB to withdraw its sponsorship, its logo and any participation in GTNF 2010. Although a comprehensive ban on tobacco advertising, promotion and sponsorship is a long way off in India, this verdict is a significant development towards it. It reflects the challenges faced by many countries that have stateowned tobacco operations or a conflicting mandate (controlling and promoting tobacco at the same time). It also highlights the importance of legal measuresd the FCTC and a strong national tobacco control lawdas well as the role of vigilant civil society organisations and the judiciary.