Tobacco use by Indian adolescents - Historical Aspects

Human beings have been using tobacco since 600 A.D. It was introduced in Europe by Columbus who came to know about it from the Caribbeans during his historical journeys. It was introduced in India by the Portuguese. Earlier, tobacco was generally smoked using different types of pipes or as cigars or was consumed orally (smokeless tobacco). Paper cigars and cigarettes were introduced in the mid nineteenth century. Nicotine was isolated from the tobacco leaves as early as 1828 A.D.

Harmful effects of tobacco have been recognized over the last 1000 years. Historically, three contemporary rulers, King James I of England, Shah Abbas of Persia and the Mughal emperor Jahangir of India (father of Shah Jehan, the builder of Taj Mahal) in 16th century had noticed the harmful effects of tobacco and tried to ban it. King James had commented on smoking as being "a custom loathsome to the eye, hateful to the nose, harmful to the brain, and dangerous to the lungs". Jahangir had even passed orders prohibiting smoking tobacco. Khalil Pasha was more stringent and had passed a prohibitory decree against tobacco smoking that "anybody caught smoking tobacco would have his lips cut and eyes taken out". In 1014 Hijri, Russia had also passed certain regulations against smoking.

India has a distinct tradition of enforcements against tobacco use being initiated by the past kings (like Jahangir) and the religious leaders at different times in the history. The great Indian Sikh Guru Gobind Singh prohibited smoking for the members of the Sikh community. He said, "Wine is bad, Indian hemp (bhang) destroys one generation, but tobacco destroys all generations". Tobacco use has been considered a religious taboo by the Sikhs since then. However, despite historical attempts to legally ban tobacco, its use has continued to grow in popularity as a nonproductive pastime.

In the modern medicine, its harmful effects have been recognized over the last 4 decades. Although its use has declined in developed nations in the recent years, it continues to be popular in developing countries.

Read More

Tobacco use by Indian adolescents

Tobacco use in children and adolescents is reaching pandemic levels. The World Bank has reported that nearly 82,000–99,000 children and adolescents all over the world begin smoking every day. About half of them would continue to smoke to adulthood and half of the adult smokers are expected to die prematurely due to smoking related diseases. If current smoking trends continue, tobacco will kill nearly 250 million of today's children.

India is the second most populous country in the world. It is a secular country but the Hindus form the majority. Hinduism traditionally advocates abstinence from all intoxicants. Even then, India is the third largest producer and consumer of tobacco in the world. The country has a long history of tobacco use. Tobacco is used in a variety of ways in India; its use has unfortunately been well recognized among the adolescents. Tobacco addiction of a large number of adults has been initiated during the adolescence.

Considering the enormous health complications associated with tobacco use, it is of utmost importance to understand the factors leading to its use and to plan strategies to reduce its intake. This is especially relevant for the developing countries like India, where tobacco use continues to be common notwithstanding the recognition of harmful consequences of its usage. This paper reviews the patterns of tobacco use in India, its prevalence in Indian adolescents, role of psychosocial factors in initiation and prevention, and the steps taken by the State to control its use.

Read More

GENERAL INTRODUCTION OF THE STUDY for Adolescents

Adolescents are the most vulnerable population to initiate tobacco use. It is now well established that most of the adult users of tobacco start tobacco use in childhood or adolescence. Tobacco use in children and adolescents is reaching pandemic levels. The World Bank has reported that nearly 82,000–99,000 children and adolescents all over the world begin smoking every day. About half of them would continue to smoke to adulthood and half of the adult smokers are expected to die prematurely due to smoking related diseases. If current smoking trends continue, tobacco will kill nearly 250 million of today's children. The rise in smoking and chewing habits among students are growing public health, education and social concern Worldwide, especially in developing countries. Centre for Disease Control and Prevention (CDC) in the United States (USA) has reported that there is a significant increase in the percentage of high school students that accounted prevalence of cigarette smoking raised from 27.5% in the year 1991 to 34.8% in 1999.

            India is the second most populous country in the world. It is a secular country but the Hindus form the majority. Hinduism traditionally advocates abstinence from all intoxicants. Even then, India is the third largest producer and consumer of tobacco in the world. The country has a long history of tobacco use. Tobacco is used in a variety of ways in India; its use has unfortunately been well recognized among the adolescents. Tobacco addiction of a large number of adults has been initiated during the adolescence. Recent studies in India demonstrated that use of tobacco among school children is increasing distressingly. It is estimated that 5500 adolescents start using tobacco every day in India, about 4 million young people under the age of 15 already are regularly using tobacco. Tobacco use is the single avoidable cause of death and disability of the most important public health issue in the present time. The World Health Organization (WHO) estimates that in every 8 seconds somebody dies from a tobacco-related disease globally. WHO described tobacco smoking as pandemic with an anticipated three million of deaths per annum globally because of smoking. This figure is estimated to ascend to 10 million by the year 2020 or early 2030, if the present trends of smoking continue, seventy percent of these deaths will occur in the developing countries. Tobacco use causes approximately one million deaths annually in India, which is much than the collective mortality due to malaria, TB and HIV/AIDS. The Tobacco Free Initiative of the World Health Organization (WHO) in collaboration with Centers for Diseases Control, USA has undertaken the Global Youth Tobacco Survey (GYTS). As per GYTS, 2009 in India, about 14.6% of 13-15 years school going children used tobacco. The habit usually starts in adolescence and rapidly escalates thereafter. Due to high addiction potential of nicotine, tobacco use leads to chronic dependence which requires treatment. Only 5% of the world’s population is estimated to have access to treatment for tobacco dependence. Existing tobacco cessation services in India, both in public and private sector are grossly inadequate. Proper efforts to control the addiction of smoking and chewing at early stage of life are lacking.

Considering the enormous health complications associated with tobacco use, it is of utmost importance to understand the factors leading to its use and to plan strategies to reduce its intake. This is especially relevant for the developing countries like India, where tobacco use continues to be common notwithstanding the recognition of harmful consequences of its usage. This study reviews the patterns of tobacco use in India, its prevalence in Indian adolescents, role of psychosocial factors in initiation and prevention, and the steps taken by the State to control its use.

Read More

Elaborately discuss the right to Maintenance under the Hindu Adoption and Maintenance Act, 1956

The Hindu Adoptions and Maintenance Act was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to codify and standardise the current Hindu legal tradition. The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a Hindu adult, as well as the legal obligations of a Hindu to provide "maintenance" to various family members including, but not limited to, their wife or wives, parents, and in-laws.

This Act applies to Hindus and all those considered under the umbrella term of Hindus, which includes:

a Hindu by religion in any of its forms or development;

a Buddhist, Jain or Sikh;

a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs;

a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up;

an abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc.; and

a convert to the Hindu, Buddhist, Jain or Sikh religion.

Persons who are Muslims, Christians, Parsis or Jews are excluded from this definition.

The Act does not also apply to adoptions that took place prior to the date of enactment. However, it does apply to any marriage that has taken place before or after the Act had come into force. Moreover, if the wife is not a Hindu then the husband is not bound to provide maintenance for her under this Act under modern Hindu Law

Read More

Discuss the various provisions available under Hindu Marriage Act, 1955

·               A series of four major pieces of legislation were passed in 1955–56 and these laws form the first point of reference for modern Hindu law: 

ü  Hindu Marriage Act (1955), 

ü  Hindu Succession Act (1956), 

ü  Hindu Minority and Guardianship Act (1956),

ü  and Hindu Adoptions and Maintenance Act (1956).

·               Criticism of the document is based on the belief that the laws in the Hindu Code bill should apply to all citizens regardless of religious affiliation. 

·               Though these legislative moves purported to resolve still unclear parts of the Anglo-Hindu law, the case law and interpretive tradition of British judges and Indian judges in the British employ remained and remains crucial to the application of Modern Hindu Law.

·               Hindu law in its current usage refers to the system of personal laws (i.e., marriage, adoption, inheritance) applied to Hindus, especially in India.

·               Modern Hindu law is thus a part of the law of India established by the Constitution of India (1950).

·               The modern Hindu legal system is applied to strictly personal law, including issues of marriage, inheritance and adoption, whereas India's secular legal system is applied to issues of criminal law and civil law.

Read More

Review the different jurisdictions of the Supreme Court and High Courts

Jurisdiction

The Supreme Court has original, appellate and advisory jurisdiction - Articles 32, 131-144

 

Original jurisdiction

The court has exclusive original jurisdiction over:

·         Dispute between the Government of India and one or more States  

·         Dispute between the Government of India and any State or States on one side and one or more States on the other

·         Between two or more States, if the dispute involves any question on which the existence or extent of a legal right depends

·         Extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights – Article 32

·         It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.

Appellate jurisdiction

·         The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court in a case that involves substantial questions of law as to the interpretation of the Constitution - Articles 132(1), 133(1), 134

·         The Supreme Court can also grant special leave to appeal from a judgment or order of any non-military Indian court - Article 136(1)

·         Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies :

·         The case involves a substantial question of law of general importance, and in High Court’s opinion, it needs to be decided by the Supreme Court.

·         In criminal cases, an appeal lies to the Supreme Court if the High Court

·         has reversed an order of acquittal of an accused on appeal and sentenced him to death or life-imprisonment for more than 10 years

·         has withdrawn any case for trial from any subordinate Court and has convicted the accused and sentenced him to death or life-imprisonment for more than 10 years

·         Certified that the case is a fit one for appeal to the Supreme Court

·         Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court.

Advisory jurisdiction

·         The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India - Article 143.

·         There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution and several Acts of Parliament

Read More

What are the procedures to be adopted for removal of sitting judge of Supreme Court / high Court?

ü  The Constitution seeks to ensure the independence of Supreme Court Judges in various ways.

ü  A judge of the Supreme Court cannot be removed from office except by an order of the president passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting,

ü  and presented to the president in the same Session for such removal on the ground of proved misbehaviour or incapacity.

ü  A person who has been a Judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India.

Read More