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Indian Pediatr 2019;56: 837-840 |
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Creation of a Smoke-free Environment for
Children: An Assessment of Compliance to COTPA 2003 Legislation
in an Urban Area
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Ankit Chaudhary 1,
Anita Thakur1, Tripti
Chauhan1, Anjali Mahajan1,
Vijay Kumar Barwal1, Shaina
Chamotra2 and Baljeet Singh1
From Departments of 1Community Medicine, and
2Obstetrics and Gynaecology, Indira Gandhi Medical College, Shimla,
Himachal Pradesh, India.
Correspondence to: Dr Anjali Mahajan, Associate
Professor, Community Medicine, IGMC Shimla (HP) India. [email protected]
Received: February 07, 2019;
Initial Review: June 08, 2019;
Accepted: August 03, 2019.
Published online: August 10, 2019.
PII:S097475591600130
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Objective: To ascertain the
compliance to Cigarette and Other Tobacco Products Act (COTPA) 2003
which ensures the protection of children from the adverse health effects
of second hand smoke. Methods: This cross-sectional study
assessed the compliance of 32 educational institutions and 157 points of
sale of Shimla city. Results: About 88% of the educational
institutions and mere 7.6% points of sale were found having good
compliance to the key indicators. No point of sale was found within the
premises of educational institutions; however, 26% were found selling
tobacco products within 100 metres radius of an educational institution.
7.6% points of sale were found selling a tobacco product to children.
Conclusion: Despite having the status of a smoke-free city, lapses
were observed in compliance to the Act. Strict adherence to the
provisions of the Act would ultimately lead to a smoke-free environment
for our children.
Keywords: Law, Second-hand smoke, Tobacco.
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T obacco is a global epidemic affecting all ages
and genders; listed as leading cause of mortality across the globe
[1,2]. Its consumption is on the rise in pediatric age group in India
[3]. Currently 14.6% children aged 13-15 years use some form of tobacco,
36.6% of children are exposed to second hand smoke in public places, and
21.9% at home [4,5]. The Government of India passed a legislation COTPA
2003 to prohibit and regulate tobacco use in India [6]. This legislation
intends to protect and promote public health; and encompass
evidence-based strategies to reduce tobacco consumption, to curb smoking
in public places and impose penalties to the violators. Section 6 of
this Act addresses the protection of children from the menace of tobacco
and prohibits sale of cigarette or other tobacco products to minors and
in an area within a radius of 100 m of any educational institution.
Shimla the capital of Himachal Pradesh was the fourth city in the
country to be declared smoke-free in 2010 [7] and the state itself was
declared so in 2013 [8]; however, the sustainability of the smoke-free
status remains a matter of challenge as the compliance tends to decline
with time. With this background, this cross-sectional study was
conducted to assess compliance to Section 6 of COTPA 2003 in Shimla
city.
Methods
This study was conducted from August 2017 through
July 2018 among 32 educational institutions and 157 points-of-sale (PoS)
of Shimla using a structured observational checklist based on the COTPA
2003 specifications and guidelines; and a guide jointly developed by
John Hopkins School of Public Health, Tobacco Free Kids and
International Union against Tuberculosis and Lung Disease. [9,10].
Necessary prior permission was obtained from concerned administrative
authorities of the Shimla city and Head of the educational institutes
selected for the study. Ethical approval for the study was taken from
the institutional human ethics committee.
Data collection was done by all the authors
comprising two research teams of public health experts. The quality of
data collected was ensured by observation of the same facility twice by
two different teams of researchers on separate days and at different
times of the day. On both occasions each of these facilities were
observed for at least an hour. The educational institutes and PoS were
observed during official hours and peak business hours, respectively.
This is a part of larger study where we evaluated all
10 sections of COTPA 2003. However, we are here in presenting findings
of Section 6 which addresses the protection of children from the menace
of tobacco and second hand smoke. An exhaustive list of 521 different
categories of public places was procured from the concerned authorities
and a separate list of PoS in the city was also prepared. A sample
proportionate to the strength of each sub-category was selected from the
list of various public places and PoS in the city. Thereafter, the
educational institutes and PoS were selected randomly by using lottery
method.
An educational institute or PoS was labelled as
compliant, partially compliant and non-compliant, if all, some or none
of the indicators defined under Sections 6 of the Act were met,
respectively. To assess the overall compliance to this section, a few
key indicators were stressed upon. Good compliance was defined as having
fulfilled more than 80% of those key indicators.
Statistical analyses: The data was analyzed using
Epi info version 7.2.2.6 software. Association between catego-rical
variables was analyzed using Pearson’s chi-square or Fisher exact test.
P value of <0.05 was considered as statistically
significant.
Results
In the present study a total of 32 educational
institutes and 157 PoS were observed. Compliance of PoS/shops to COTPA
2003 is summarized in Table I. On comparing
different type of PoS establishments, permanent shops were
significantly more likely to display signages prominently (P=0.03)
and also display of signages of ban of sale to a minor person (P=0.02).
Temporary kiosks were least likely to display the signage at a prominent
place. Permanent shops and permanent kiosks were better compliers
regarding display of signage displaying ban on sale of a tobacco product
to a person aged less than 18 years (Table II). In
general, Government institutes performed better than private
institutions; however, the difference was statistically not significant.
(Table III). On an average 4 out of 7, and 4 out of
5 key indicators were fulfilled in section 6 (a) and 6 (b),
respectively. Only 7.6% of the PoS in the city showed good compliance to
the sub-section 6 (a). For the sub-section 6 (b), high
compliance was seen among educational institutes with about 88% of the
institutes displaying more than 80% compliance to the key indicators.
TABLE I Cotpa Section 6 (A) Compliance of Points of Sale of Shimla City (N=157)
Indicator |
Number (%) |
Within 100 m of school |
41 (26.1) |
Warning signage displaying ban of sale to minor |
70 (44.6) |
Non-minor vendor |
137 (87.3) |
No tobacco product sold to minor during observation |
145 (92.4) |
Vendor enquiring about age of purchaser |
22 (14.0) |
Non prominent display of tobacco products |
43 (27.4) |
No tobacco product kept within 6 inches of eatables |
39 (24.8) |
Absence of vending machine for tobacco products |
157 (100) |
PoS near educational institutes (n=41) |
Sign displaying ban on sale within 100 m |
28 (68.3) |
PoS displaying ban on sale near school (n=28) |
|
Signage at prominent place |
20 (71.4) |
Warning signage of specified size |
13 (46.4) |
PoS displaying ban on sale to minor (n=70) |
Minor ban sign at prominent place |
46 (65.7) |
Warning signage of specified content
|
22 (31.4) |
COTPA: Cigarette and other tobacco products (Prohibition of
advertisement and regulation of trade and commerce, production,
supply and distribution) Act, 2003; PoS: Points of sale. |
TABLE II COTPA Section 6 (A) Compliance: Different Points of Sale of Shimla Compared
Indicator |
Permanent Shop
|
Permanent Kiosk
|
Temporary Kiosk
|
P value |
|
(n=120) |
(n=23) |
(n=14) |
|
PoS within 100 m of institution |
31 (25.8) |
8 (34.8) |
2 (14.3) |
0.394 |
Signage displaying ban of sale to minor |
55 (45.8) |
11 (47.8) |
4 (28.6) |
0.485 |
Presence of non-minor vendor |
105 (87.5) |
20 (87) |
12 (85.7) |
0.920 |
No tobacco product sold to minor during observation |
111 (92.5) |
21 (91.3) |
13 (92.9) |
0.877 |
Vendor enquiring about age of purchaser |
18 (15) |
3 (13) |
1 (7.1) |
0.921 |
Non prominent display of tobacco products |
34 (28.3) |
7 (30.4) |
2 (14.3) |
0.550 |
No tobacco product kept within 6 inches of eatables |
29 (24.2) |
6 (26.1) |
4 (28.6) |
0.853 |
PoS near educational institutes (n=31, n=8, n=2) |
|
|
|
|
Sign displaying ban on sale within 100 m of institution |
20 (64.5) |
6 (75) |
2 (100) |
0.718 |
PoS displaying ban on sale near school (n=20, n=6, n=2) |
|
|
|
|
Signage at prominent place |
14 (70) |
6 (100) |
0 |
0.035 |
Signage of specified size |
9 (45) |
3 (50) |
1 (50) |
1.000 |
Different PoS displaying ban on sale to minor (n=55, n=11, n=4) |
|
|
|
|
Signage of specified content (text and picture) |
13 (23.6) |
7 (63.6) |
2 (50) |
0.021 |
Sign at prominent place |
36 (65.5) |
8 (72.7) |
2 (50) |
0.718 |
Data presented as no. (%); PoS: Points of sale. |
TABLE III Cotpa Section 6 (B) Compliance of Educational Institutions
Indicator |
Total, No (%)
|
Government,
|
Private,
|
P value |
|
(n=32) |
No (%). (n=12) |
No (%) (n=20)
|
|
No tobacco product vendor within 100 m of institution |
25 (78.13) |
9 (75) |
16 (80) |
1.000 |
‘Tobacco free Institute’ signage on boundary wall/entrance
|
29 (90.63) |
12 (100) |
17 (85) |
0.274 |
*Signage near main gate/boundary wall |
28 (87.50) |
12 (100) |
16 (80) |
0.271 |
#Signage of specified size inside |
21 (65.63) |
10 (83.3) |
11 (55) |
0.139 |
No tobacco PoS inside institution |
32 (100) |
12 (100) |
20 (100) |
- |
No active smoking inside institution |
30 (93.75) |
11 (91.7) |
19 (95) |
1.000 |
PoS: Point of Sale; *Displaying ban on sale within 100 m of
school; #No smoking area: Smoking here is an offence. |
Discussion
In the present study almost a quarter of PoS were
found within 100 metres of the educational institutions; however, a
negligible number of PoS were found selling tobacco products to minors
and majority refrained from tobacco advertisement. Overall good
compliance was observed to the provisions of Section 6 of COTPA 2003.
Educational institutions in Shimla on the whole conformed to the
specified norms of the Act. There was complete absence of tobacco
product vending machines at all observation sites.
A study conducted in Chandigarh [11] found that 27%
of the PoS were compliant to all indicators whereas none of the PoS
showed such compliance in Ahmedabad [12]. Majority of the vendors in our
study were non-minors. This was corroborated with the findings conducted
in Bihar, Kerala and Maharashtra [13-15]. In the present study, partial
compliance was observed in display of such warning signages by the PoS.
These violations were noticed in the form of specifications of the
signage boards (size and content) not being met and their obscure
placement. These results were similar to a previous study [16], which
found only one-third compliance. Better compliance was seen in Rajasthan
where 93% shops displayed such signage [17]. Most of the vendors did not
enquire about the age of the purchaser while selling tobacco products
which could possibly lead to unregulated purchase of tobacco products by
children. Similar findings were reported by two different studies
conducted in Rajasthan and Karnataka [17,18].
The presence of PoS near to the school and absence of
warning signages induce easy accessibility and substantial vulnerability
to tobacco use. Such risk-taking behaviour in childhood tends to
increase exponentially due to peer pressure, once established persists
throughout life and is resistant to change. The reasons for partial
compliance in a few areas can be attributed to lack of awareness and
apathetic attitude of both, those selling tobacco products as well as
the law enforcing agencies.
There is still a dearth of literature on this topic.
Not much suggestions are found to implement the Act. Information
pertinent to non-communicable diseases, their risk factors and
legislations like COTPA should be included in the school curriculums to
sensitize the children at an early age. The effective implementation of
any legislation is a collective responsibility of multiple stakeholders,
each with clearly defined roles and responsibilities.
The ill health-effects of tobacco and second hand
smoke on children were not assessed as this was beyond the scope of this
study. Owing to the limited duration of observation of a facility, the
possibility of underestimation of the violations of the Act cannot be
ruled out.
Contributors: AC,AM,VB: concept and design of
study, collection of data, statistical analysis and preparation of
manuscript; AT,TC: concept and design of study, reviewed manuscript; SC,
BS: collection of data and preparation of manuscript. All authors
approved the final version of manuscript.
Funding: None; Competing
interest: None stated.
What This Study Adds?
• Overall, good adherence to COTPA 2003 6 (A)
was observed in Shimla city with non-significant differences
between government and private schools.
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