Legal & Regulatory Framework
Tobacco control in India is governed by an extensive legal and regulatory framework at national and international levels. These instruments establish clear obligations for governments, institutions, and commercial entities to protect public health.
Understanding the scope, intent, and implementation of these frameworks is essential for evaluating compliance, identifying enforcement gaps, and strengthening institutional accountability.
Key Statutory and Policy Instruments
- Cigarettes and Other Tobacco Products Act (COTPA), 2003
- Rules governing packaging, labelling, advertising, and point-of-sale restrictions under COTPA
- WHO Framework Convention on Tobacco Control (FCTC)
- Article 5.3 of the WHO FCTC (Protection of public health policy from tobacco industry interference)
- National Tobacco Control Programme (NTCP)
- Advertising Standards Council of India (ASCI) codes and guidelines
- Food Safety and Standards regulations related to tobacco and nicotine products
- Consumer Protection Act, 2019
- Right to Information Act, 2005
- Constitutional protections under Article 21 (Right to Life)
International Commitments
India is a Party to the WHO Framework Convention on Tobacco Control, which places binding obligations on States to implement comprehensive tobacco control measures and to protect public health policy from commercial and vested interests.
These commitments are intended to guide domestic law, regulatory practice, and institutional conduct in matters relating to tobacco control.
Purpose of Documentation
Documentation of legal and regulatory frameworks serves as a basis for understanding how public health obligations are defined, applied, and enforced in practice.
Public health protection depends not only on the existence of laws and policies, but on their consistent, transparent, and good-faith implementation.
The Council for Public Health engages with these frameworks as part of its research, policy analysis, and public health accountability work.