Tobacco Epidemic in India

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Why in News?

Tobacco is the leading cause of preventable illness and death worldwide.

In India, nearly 260 million people use tobacco, making it the country with the second-highest number of tobacco users after China.

 

What are the Statistics About Tobacco Consumption in India?

• No Significant Decrease in Bidi or Cigarette Consumption: According to the National Family Health Survey (NFHS), there hasn't been a notable reduction in bidi or cigarette consumption between districts with the National Tobacco Control Programme (NTCP) and those without it. This could be due to insufficient staff, resources, and monitoring.
• Cigarettes and Bidis Have Become More Affordable: Over the past 10 years, cigarettes, bidis, and smokeless tobacco products (SLTs) have become cheaper. The Goods and Services Tax (GST) system has made them even more affordable by lowering prices through an integrated tax system.
• Tobacco Use Higher Among Women: Tobacco use has decreased in all groups except women, where it increased by 2.1% between 2015 and 2021.

 

How is India Fighting Against Tobacco?

International Commitment:

WHO Framework Convention on Tobacco Control (FCTC):**

• India is one of the 182 signatories of this convention, demonstrating its commitment to global tobacco control.
• The convention aims to reduce tobacco use worldwide by helping countries develop strategies to reduce demand and supply and create effective national tobacco control policies.

 

World No Tobacco Day:

• Observed every year on May 31st to raise awareness about the harmful effects of tobacco consumption.

National Legislation:

• Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act (COTPA) 2003:**
• Regulates various aspects of tobacco, including production, supply, advertising, promotion, distribution, sale, packaging, and labeling.

 

National Tobacco Control Program (NTCP) 2007:**

• Strengthens the implementation of COTPA and compliance with FCTC.

  Key functions include:

• Public Awareness Campaigns: Educating the public about the health risks of tobacco use through mass media campaigns.
• Smoking Cessation Initiatives: Providing quitlines, counseling, and behavioral interventions to help people stop smoking.
• Enforcement Mechanisms: Ensuring the enforcement of COTPA provisions through designated authorities.

 

The Prohibition of Electronic Cigarette Act (PECA), 2019:

• Bans e-cigarettes in India.

National Tobacco Quitline Services (NTQLS):**

• mCessation Programme: Uses mobile technology to support tobacco cessation, launched in 2016 as part of the government’s Digital India initiative.

Tobacco Taxation:

• India heavily taxes tobacco, with a 53% tax on cigarettes and a much lower 16% tax on bidis, which are a cheaper alternative. Public health experts advocate for higher taxes on bidis to discourage use and increase government revenue.

 

What are Hidden Costs of Tobacco Beyond Health Risks?’

Soil Depletion: Tobacco farming rapidly depletes soil nutrients, necessitating more fertilizers, which further degrade soil quality.

Deforestation: Tobacco production leads to deforestation, as significant amounts of wood are needed for processing. Up to 5.4 kg of wood is required to process 1 kg of tobacco.

 

Waste Generation: The production and consumption of tobacco generate massive amounts of waste, totaling 170,000 tonnes annually in India.

Economic Burden: Tobacco use imposes substantial healthcare costs, estimated at Rs. 1.7 lakh crore in 2017-18, which exceeds the national health budget of Rs. 48,000 crores.

Health Risks for Workers: Over 6 million people working in the tobacco industry are at risk of health issues due to tobacco absorption through the skin.

Waste Management Cost: The cost of cleaning up tobacco waste is significant.

 

What are Challenges to Effective Tobacco Control in India?

• Non-compliant Products: Smokeless tobacco products like gutkha and smuggled items evade regulations under the Cigarettes and Other Tobacco Products Act (COTPA), making it challenging to control their production, sale, and marketing.
• Weak Fines: The fines for violating COTPA regulations, which haven't been updated since 2003, are low. For instance, the maximum fine for first-time violations of packaging restrictions is only Rs. 5,000, which doesn't serve as a strong deterrent.
• Surrogate Advertising: Tobacco companies cleverly use ads for unrelated products like elaichi to indirectly promote their tobacco brands, circumventing regulations on tobacco marketing. These ads indirectly encourage tobacco use.
• Stalled Amendments: Proposed amendments to strengthen COTPA in 2015 and 2020 haven't been passed by the Indian government, leaving regulatory gaps unaddressed.
• Limited Enforcement Capacity: The National Tobacco Control Programme (NTCP) lacks adequate staff, resources, and monitoring systems to enforce COTPA effectively nationwide.
• Effective Lobbying in Tobacco Industry: Despite the ban on e-cigarettes, enforcement of the policy is incomplete. Additionally, tax breaks for small tobacco companies create disparities in pricing, making harmful products more affordable.
• Conflict of Interest with Government: The government's 7.8% stake in ITC Ltd., India’s largest tobacco company, raises concerns about its commitment to tobacco control.

 

Way Forward

• Strengthening Legislation: Updating the Cigarettes and Other Tobacco Products Act (COTPA) and the National Tobacco Control Programme (NTCP) is crucial to bolster tobacco control efforts in India.
• Higher Tobacco Taxes: Tobacco taxes, particularly on bidis and smokeless tobacco, fall below the recommended WHO target of 75%. Raising taxes would discourage consumption and provide revenue for public health initiatives.
• Effective Monitoring: Consistent monitoring is necessary to track tobacco use trends, pinpoint areas of COTPA violations, and evaluate the impact of anti-tobacco campaigns.
• Support for Tobacco Farmers: Implementing public programs to assist tobacco farmers in transitioning to alternative crops would alleviate the economic challenges posed by reduced tobacco cultivation.
• Data-Driven Strategies: Timely collection of data on tobacco use patterns is essential for understanding evolving trends and identifying new tactics employed by the tobacco industry. This data is vital for crafting effective tobacco control policies.
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WIPO Treaty Protecting Genetic Resources and Traditional Knowledge

Why in News?

The World Intellectual Property Organization (WIPO) has just finished a new treaty on Intellectual Property (IP), Genetic Resources (GRs), and Traditional Knowledge (ATK). This is a big win for countries in the global South, like India.

The treaty was agreed upon by over 150 countries, including many developed nations, at an international meeting.

 

What does the WIPO Treaty Entail?

• Protection of Biodiversity: The WIPO Treaty aims to balance the rights of countries rich in biodiversity and traditional knowledge with the global Intellectual Property Rights (IPR) system. For the first time, traditional knowledge and wisdom, which have supported economies, societies, and cultures for centuries, are now part of the global IP system.
• Inclusive Innovation: The treaty promotes inclusive innovation by recognizing the connection between local communities and their genetic resources (GRs) and associated traditional knowledge (ATK).
• Disclosure Requirements: The treaty will require countries to make it mandatory for patent applicants to disclose the country of origin or source of the genetic resources when their invention is based on these resources or associated traditional knowledge.

 

How is this Treaty Significant for India and the Global South?

India: India, a hotspot of biodiversity with rich traditional knowledge, now sees these systems recognized in the global IP system for the first time with this treaty.

Prevention of Misappropriation: The treaty prevents the misuse of Indian genetic resources (GRs) and traditional knowledge (TK) in countries without existing disclosure laws. By establishing mandatory disclosure obligations, it offers added protection, preventing their misappropriation. This is crucial because several Indian herbs and products have previously been falsely claimed as foreign inventions, leading to contested patent applications.

Global Standards: The treaty sets new global standards within the IP system for countries that provide genetic resources and traditional knowledge.

Global South: The Global South, with its vast traditional knowledge on medicinal plants, agriculture, and other areas, benefits from the WIPO Treaty, which protects this knowledge from misappropriation.

The WIPO Treaty helps combat biopiracy by creating a legal framework to protect genetic resources and traditional knowledge from unauthorized commercial exploitation.

 

What are the Past Cases Surrounding Traditional Knowledge and Genetic Resources in IPR?

Traditional Knowledge:

The Turmeric Case:

• Turmeric, a tropical herb from India, is widely used in the country for medicinal, culinary, and dye purposes. It is known as a blood purifier, for treating the common cold, and as an antiparasitic for skin infections.
• In 1995, the US granted a patent for using turmeric powder for wound healing to the University of Mississippi Medical Center. However, the patent was later revoked after the Indian Council for Science and Industrial Research (CSIR) provided evidence of prior use.

 

The Neem Case:

• This case involved a patent granted to W.R. Grace for a formulation using azadirachtin, an active ingredient from the neem plant, which has long been recognized for its medicinal and pesticide properties in traditional medicine systems like Ayurveda and Unani.
• The patent gave the company exclusive rights to use azadirachtin in a specific storage solution, leading to an outcry and re-examination at the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO). The EPO eventually ruled against the patent, stating it lacked innovation, although the USPTO upheld it.

Genetic Resources:

Wheat Varieties Case (2003):

• This case involved the biopiracy of Indian wheat varieties known as Nap Hal and Nap Hal-49, which were patented by a European company claiming to be the inventors.
• Indian authorities provided evidence that these wheat varieties were originally from India and were not novel inventions. As a result, the patents were revoked.

Basmati Rice Case (2000):

• A US company was granted a patent for Basmati rice by the USPTO, falsely claiming to have invented the new variety. This led to a conflict between Indian and American agricultural organizations.
• The patent claims were eventually narrowed when the applicants admitted they didn't invent Basmati rice.

 

What are India’s Initiatives Related to Protecting Traditional Knowledge and Genetic Resources?

Traditional Knowledge:

Traditional Knowledge Digital Library (TKDL):

• The TKDL is a comprehensive database of medicinal formulations in various languages.
• Established in 2001 in response to India's challenges in overturning patents on traditional remedies like turmeric and neem.
• This joint effort by the CSIR and the Department of AYUSH aims to protect India's rich medicinal knowledge from being wrongly patented, a problem that was occurring in an estimated 2,000 cases per year.
• The TKDL has been crucial in protecting India's traditional medicinal systems globally.

Patents (Amendment) Act, 2005:

• This act aims to protect the rights of indigenous communities by requiring patent applicants to disclose the origin of biological resources in their inventions.
• Failure to disclose this information, especially related to traditional knowledge, can result in the patent being refused.

Trademark Act, 1999:

• Trademarks distinguish goods and prevent confusion about the source of a product.
• The act allows for the protection of agricultural and biological products, including those from indigenous communities.
• Indigenous groups can use trademark registration to differentiate their brand and ensure unique quality.

Biological Diversity Act, 2002:

• This act provides for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising from the use of genetic resources.

Geographical Indications (GI):

• GIs protect products that have a specific geographical origin and possess qualities or a reputation due to that origin. This includes agricultural, natural, and manufactured goods.

Genetic Resources:

National Gene Bank:

• The National Gene Bank conserves the genetic diversity of India's flora and fauna, ensuring the preservation and sustainable use of genetic resources.

Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001:

• This act ensures that plant breeders and farmers who provide Plant Genetic Resources (PGR) for developing new varieties receive a fair share of commercial gains.
• The PPV&FR Act 2001 includes provisions for access and benefit-sharing (ABS) along with Plant Breeder’s Rights (PBRs).

 

National Bureau of Plant Genetic Resources (NBPGR):

• An Indian institute under the Indian Council of Agricultural Research (ICAR) that plays a key role in conserving and protecting the genetic diversity of cultivated plants and their wild relatives in India.

National Bureau of Animal Genetic Resources (NBAGR):

• Part of ICAR, NBAGR aims to conserve, characterize, and utilize animal genetic resources for sustainable livestock development in India. It maintains a genbank repository.

Microbial and Insect Biodiversity:

• The National Bureau of Agriculturally Important Insects (NBAII) acts as a central agency for the collection, characterization, documentation, conservation, exchange, and utilization of agriculturally important insect resources.

India to Import Wheat After 6 years

Why in News?

India, the world's second-largest wheat producer, plans to start importing wheat again after a six-year break to replenish its reserves and control rising prices. This move is driven by three consecutive years of poor harvests.

To facilitate this, India is expected to remove a 40% import tax on wheat, enabling private traders to buy wheat from countries like Russia, though in limited quantities.

Why India Decided to Resume Wheat Imports?

Declining Wheat Production:

• India's wheat production has decreased over the last three years due to unfavorable weather, leading to a significant drop in output.
• The government estimates this year's wheat crop to be 6.25% lower than the previous year's record production of 112 million metric tons.

Depletion of Wheat Reserves:

• As of April 2024, wheat stocks in government warehouses have fallen to 7.5 million tons, the lowest in 16 years.
• This depletion is due to the government selling over 10 million tons from its reserves to control domestic prices.

Shortfall in Wheat Procurement by Government:

• The government aimed to procure 30-32 million metric tons of wheat in 2024 but has only managed to purchase 26.2 million tons so far.

Surge in Domestic Wheat Prices:

• Domestic wheat prices have remained above the government's minimum support price (MSP) of 2,275 rupees per 100 kg and have been rising recently.

Policy Response:

• To address these issues, the government has decided to remove the 40% import duty on wheat, allowing private traders and flour millers to import wheat, mainly from Russia.

What are the Possible Implications of the Decision?

Domestic Market:

Enhanced Availability and Price Stability:

Abolishing the import duty will likely increase wheat supplies in the domestic market, helping to mitigate price hikes.

Replenishing Strategic Reserves:

• Lower import costs can help the government replenish depleted wheat reserves, bolstering food security by creating a buffer against unforeseen disruptions in domestic production.

Global Market:

Potential Upward Price Pressure:

Although India's estimated import volume (3-5 million metric tons) is modest, it could contribute to a rise in global wheat prices, given current high prices driven by production concerns in major exporting nations like Russia.

Limited Overall Impact:

• India's import requirement is unlikely to significantly influence the global market, as larger players will continue to have a more substantial impact on global wheat price trends.

Conclusion

India's decision to resume wheat imports after a six-year gap is a pragmatic move to address domestic supply and price concerns caused by declining wheat production and depleted government reserves.

While these imports may have a moderate impact on global wheat prices, the primary focus for the Indian government is to ensure food security and price stability for its citizens.