.... the brain is not a vessel to be filled,
It is something to be IGNITED

BURNING BRAIN NEWSLETTER - November 2006

I am often intrigued by the fact that how come a consumer product which kills five million people worldwide still enjoys the status of a legal product. What perplexes me further is that even most of the hardcore tobacco control workers are still not thinking about ending tobacco as a consumer product and are not considering it as one of the options. Why? I have failed to understand this till now. Some believe that it can not be done as tobacco is very much a part of day-to-day life, others parrot the tobacco companies rhetoric that there has to be "Freedom of choice" and still some others are so deeply involved in microscopic technicalities that they even fail to see what is the most obvious and basic. More so, even the international treaty on tobacco control (FCTC) fails to envisage an end date for tobacco and among its objectives does not consider phasing out/ending tobacco consumption. This is despite the fact that tobacco consumption and production is still increasing exponentially.

I am surprised as to how people can be misled with the syllogistically false association of “Freedom of choice” with “tobacco consumption.” If tobacco consumption is just a question of freedom of choice then the same "Freedom of choice" argument also exists with consumption of "Opium," "Marijuana," "Smack," "Ecstasy," "Heroine," and hundreds of other drugs and intoxicants.  Logically then one should also have the right to market and consume any other drug or intoxicating substance and the consumer should have a right to choose whether or not he/she should consume it. Does that mean that the governments all over the world are infringing the rights of the common man by banning many harmful drugs and intoxicants? Extending it further, then "Freedom of choice" argument must also be valid with many other violent actions which are currently labelled as criminal actions. It is quite surprising that people (Including media) buy this argument without realising that there are individuals who are earning billions of dollars at the cost of millions of lives by forwarding such illogical arguments .

A number of possibilities exist to finally phase out tobacco as a consumer product in another 30 year. As the first step towards this direction, we must be receptive to all the ideas and opinions and should explore all the possibilities with an open mindset. Tobacco is not a life saving drug which needs to be sold in the interest of the mankind, neither is it an indispensable nutritious concoction which is essential for the humanity. Tobacco is clearly a harmful substance which kills its legal consumers (Who consume it as prescribed after paying for it). It was clearly an historical accident which made tobacco a legal product. This mistake needs to be rectified. The civilised world has seen many other similar social changes in the past 200 years and there is no reason why a social change regarding tobacco can not be achieved.

It is absolutely possible to finish tobacco as a consumer product and it must be done now.

Yours,
Hemant Goswami
Chairperson,
Burning Brain Society

Another police brutality and yet again elusive justice
Chandigarh police tortures youngsters to impotence
 

It is a well known fact in India that the general public is more afraid of the police than the goons. The general public avoids going to a police station till the time they are left with no other option. The reason why it’s so is apparent by pursuing many recent cases of police torture and brutality.  One such incident happened recently in Chandigarh where three youths were allegedly tortured by the Chandigarh Police. After the electric shocks directed at their genitals and earlobes, two of them had become sexually impotent and one of them also lost his normal hearing capacity to a large extend. 

After some media personnel in Chandigarh exposed the misdeeds of Chandigarh police and after some social workers helped two of the youths to make a formal complaint to the senior officers; Chandigarh police unwillingly ordered an inquiry into the allegations of police torture. Interestingly the inquiry was marked to the same office (DSP – Crime) which was alleged to have tortured the youths and made them sexually impotent. Predictably the Chandigarh police DSP-Crime gave a clean chit to his own office, the crime branch, and found that no electric shocks were ever given to the youngsters. Interestingly the DSP crime videographed the brief inquiry conducted inside the police headquarters in the presence of those very officers who had allegedly tortured the two youths. The Chandigarh Police recorded the statement of the victims (to prove its own innocence) but failed to video-graph the statement of its own police officers who had allegedly committed the offence and against whom the complaint was directed. This inquiry is another perfect example where the victims are treated like criminals and further mentally and emotionally tortured and intimated. No surprise the victims have now no fantasy of "Hope for justice" left and themselves want to get out of this mess. 

We moved a complaint (Number 60/27/2006-2007 - available at http://www.nhrc.nic.in/display.asp?fno=60/27/2006-2007) to the National Human Rights Commission (NHRC) around a month back regarding the incidence but unfortunately the NHRC, which should have acted within 48 hours, has not even started the inquiry on the complaint. In the meantime the poor victims have been intimidated by various means and the police has successfully managed to get statements signed  from the victims that they want to withdraw the complaint they made against the Chandigarh Police. 

You can yourself watch and listen to the entire story (video) online to do your own inquiry into the facts. Judge for yourself whether the police has done a sham/fair enquiry or the media and the social activists brought out the correct facts. 

The first statement of Suresh Munda (One of the victims) recorded by Star TV is available at http://www.youtube.com/watch?v=ireD87VtbmE. (Time Duration of the Video: 4 minutes and 40 seconds) 

The first statement of Roshan Kujur (One of the victims) recorded by Star TV available at http://www.youtube.com/watch?v=yqGbHBVLxHI. (Time Duration of the Video: 6 minutes and 24 seconds)

The first statement of Bajirao (One of the victims and an eyewitness) recorded by Star TV is available at http://www.youtube.com/watch?v=vQn5syp1e1U. (Time Duration of the Video: 4 minutes)

The first statement of the SSP Gaurav Yadav of Chandigarh police recorded by Star TV. The SSP states on record that he wants to be fair to the police personnel involved, no doubt, not even a DDR of torture was recorded before the police enquiry was ordered. Statement available at http://www.youtube.com/watch?v=9w97r_l6vX4. (Time Duration of the Video: 1 minute)

 The video record of the enquiry conducted by Chandigarh Police is available at http://www.youtube.com/watch?v=GYz8j0E0JUA.  (Source: Chandigarh Police) (Time Duration of the Video: 9 minutes and 25 seconds) 

(P.S: We have other video and audio material too. We are willing to provide it to anyone who is willing to get involved and help take this matter to its logical conclusion.)

Hemant Goswami

No more dupe by tobacco
Pictorial warnings on tobacco products

Even after the promulgation of Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, eighty percent of tobacco users continued consuming tobacco without the slightest idea or warning that tobacco was going to take their life. On the contrary the tobacco consumers were regularly fed with irrational but glamorous advertisements of tobacco and made to believe that tobacco was a style statement, a stress reliever, a product which made one brave (Red & White – Piney walon ki baat hi kuch aur hai) or even helps one look attractive (Wills- Made for each other). For years tobacco consumers have been duped to commit suicide.

For over three decades, amongst all forms of tobacco products, only cigarette packs were carrying a nondescript warning which read “Cigarette Smoking is Injurious to Health.” This warning too had failed miserably to deter new tobacco users from consuming tobacco; mainly for four reasons. First, the statutory warning according to the Cigarettes Act of 1975 was only applicable to cigarettes and not to other forms of tobacco like “Bidi,” “Gutka,” “Jurda,” “Khaini” etc. This was despite the fact that cigarettes constitute less than 20 percent of the total tobacco consumption in India. Second, the statutory warning as prescribed was too mild and soft and thereby failed to deliver the message that tobacco is not just somewhat injurious but rather a definite killer. Third, India has the world’s largest population of illiterates and any written message carry no significance for the near 500 million illiterate people, and lastly, most people buy cigarettes in single sticks which carry no warning.

The consumer and tobacco control organizations were naturally jubilant over the enactment of the “Cigarette and Other Tobacco Products Act 2003” (COTPA) which made it mandatory for all tobacco products to carry a pictorial and written warning. But unfortunately for nearly two and a half years these provisions could not be notified and once again PIL by a concerned citizen proved to be a useful tool to break the inertia of the lethargic bureaucracy. On July 5, 2006 government notified Section 7(1), 8(2), 10 and 31 of COTPA by announcing “Cigarettes and other tobacco products (Packaging and labeling) rules 2006” and thereby paving the way of graphic pictorial warnings on all tobacco products.

The new rules in some ways go beyond the original commitments and have given more reasons for delight to public health and consumer organization. Since past few years it was noticed that many cigarette companies have been promoting their cigarettes as “Light” “Mild,” “Low tar,” “Slim” or “Safe” and thereby duping smokers by giving a false sense of assurance. Rule 3(g) of Packaging and labeling rules 2006 has now put an end to this kind of hoodwinking by the tobacco industry besides plugging some other existing loop holes with regard to warnings on tobacco packs. In some European countries it was found that tobacco companies were also gifting cigarette cases and stickers along with every cigarette pack with an intention to conceal the warning on the cigarette pack. Anticipating such a move the rules also prohibits the sale and supply of any such cover, device or product which can mask or obscure the health warnings.

The highlight of the new rules without doubt remains the mandatory pictorial warnings on all forms of tobacco products. Going beyond the initially planned picture warning to cover one third of the tobacco pack, the new rules prescribe that at least 50 percent of the principal display area of the tobacco pack must contain the warning text along with the specified picture displaying the harm of tobacco along with a skull and bone sign.

The Health Ministry has initially specified four such warnings; two for smoking form of tobaccos and two for other tobacco forms to come into effect from February 1, 2007. More such health warnings are expected to be added later. The tobacco companies are required to rotate these warnings every twelve months or at such intervals as may be decided by the Government. Though some concerns exist on the quality of pictures prescribed. Some feel that the child shown on one such warning for the cigarette packs appears to be too healthy and does not convey the message. However this is just a start and I am sure this positive initiative is likely to be followed by more suchlike constructive additions. Any minor anomaly can now be easily sorted out as the government is free to discontinue or add any new warning picture any time. What matters is that, it’s a right step in the direction of consumer empowerment.

IN CASE YOU MISSED IT

Copy available for download
Turning a New Leaf: Women, Tobacco, and the Future
 

ONGOING CAMPAIGN

Become a vigilant citizen; Participate in the Citizens Report project

It appears that the unaccounted actions and arbitrary decisions of many government officials are going to face some real challenge ahead and may become a thing of the past. Burning Brain Society (BBS) and Society for Prevention of Crime & Corruption along with the support of many other national and international organisations has decided to use the Right to Information Act to bring out a citizen’s report on the functioning of various departments of the government.

Announcing this new project today, Mr. Hemant Goswami, chairperson of BBS revealed that beginning May 2006, every month at least one government department shall be thoroughly scanned, scrutinized and evaluated for its public functioning. An annual report on the overall health and functioning of the Administration shall also be brought out at the end of every year. The citizen’s report shall be freely available on the internet, published in associate newspapers and in book form. Mr. Hemant further revealed that the entire effort of preparation of the citizen’s report shall be totally done by public spirited volunteers.

Lamenting the recent arbitrary decisions by the administrations like the one on public transport, mushrooming of the liquor vends, proposal of a film city and amusement park, etc. Goswami said, “The bureaucracy is taking the general public for a ride and has become totally unaccountable and insensitive to the public sentiment which needs to be changed.”

The departments which are initially planned to come under the BBS citizen’s report are Law & Justice, Police, Education, Tourism, Sports, Health, IT, Municipal Corporation, Labour, Housing, Civic facilities and such other department providing citizens services.
BBS has also invited organisations and concerned citizens to volunteer for the project. Those interested can call 0172-5165555 or e-mail at info(at)burningbrain.org.  

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