On January 15 the Juvenile Justice (Care and Protection of Children) Act 2015 which prescribes harsher penalties for sale of tobacco products to minors came into play. The new law is aimed at reducing the incidence of smoking in minors and kicking the habit even before it takes over and progresses into adulthood. The idea of having harsher laws to protect children is laudable, provided such laws can be implemented and are
just. The previous law was found to be ineffective as the fine was a paltry Rs 200. Under the new law the fine has been hiked to Rs 1 lakh along with a jail term of up to seven years. The new law criminalises the act of selling tobacco to a minor, which might seem nice on paper but is probably not a just way of going about the job of preventing minors from falling victim to the habit.
While the intention behind the new act is laudable, the form it has taken is fraught with danger because the punishment is not commensurate with the crime. Experience has shown us that harsher laws do not necessarily result in a reduction of the crimes. The new rape laws, which were considered stringent by most, did not bring down the incidence of rape just as the cutting of hands or beheading of criminals has not
reduced crime in Saudi Arabia.
French philosopher and mystic Simone
Weil said, ‘There is one, and only one, thing is modern
society more hideous than crime “ namely, repressive justice’.
We might sleep more peacefully knowing that a stronger or
harsher law exists. And when we wake up we will find more
criminals, not less crime.
Imagine waking up one morning from peaceful slumber
brought upon by the knowledge that a stronger law exists to
find that your neighbourhood gadda owner is going to spend
the next seven years in jail because he sold a cigarette to a minor.
It does not matter if he sold it to a person whose age he did
not know. It does not matter that he did it just once. Is it just?
Think about it. This law is not aimed at big companies or rich
corporates who manufacture cigarettes, it is aimed at the kiosk
owner, the small guy who struggles to make ends meet.
The punishment for sale of tobacco to minors is so harsh that
it pales in front of laws to combat crimes against women. For
instance the punishment for an acid attack is ten years imprisonment,
which is just three years more than the seven years
for selling tobacco to a minor. The jail term for sexual harassment
is three years. Anyone who acts with intent to disrobe a
woman faces a jail term between three years and seven years.
Sale of tobacco to minors certainly deserves a punishment
harsher than a Rs 200 fine, but there seems to be a mismatch
between the crime and the quantum of punishment. The new
law makes India the only country in the world with the harshest
punishment for sale of tobacco to a minor. Is this a distinction,
or an error? Most other nations have a graded system of
fines to control the menace, which are easier to implement.
Also, a harsher punishment means greater scrutiny of the evidence
by the judiciary, which will only add to the burden of
the prosecution and judicial system.
While we share the concern of those working for the welfare
of minors and those in the anti-tobacco movement and appreciate
and support the intention behind the new law, we are
doubtful if it will serve its purpose, which is to curb the sale of
tobacco to minors, or simply increase the number of criminals.
