Published on: October 27, 2021

COTPA 2003

COTPA 2003

What is in news : The National Commission for Protection of Child Rights (NCPCR) has urged the central and state governments to increase the minimum legal age to buy tobacco products from 18 to 21

Details :

  • It is to ensure young adolescents are protected from getting addicted to them.
  • This needs a amendment in Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act


COTPA 2003

  • The Act prohibits smoking of tobacco in public places, except in special smoking zones in hotels, restaurants and airports and open spaces.
  • Advertisement of tobacco products including cigarettes is prohibited.
  • Tobacco products cannot be sold to person below the age of 18 years, and in places within 100 yards radius from the outer boundary of an institution of education, which includes school colleges and institutions of higher learning established or recognized by an appropriate authority.
  • Tobacco products must be sold, supplied or distributed in a package which shall contain an appropriate pictorial warning, its nicotine and tar contents.
  • The owner/manager/in-charge of a public place must display a board containing the warning “No Smoking Area – Smoking here is an offence ” in appropriate manner at the entrance and inside the premises.
  • The Act also gives power to any police officer, not below the rank of a sub-inspector or any officer of State Food or Drug Administration or any other officer, holding the equivalent rank being not below the rank of Sub-Inspector of Police for search and seizure of premises where tobacco products are produced, stored or sold, if he suspects that the provision of the Act has been violated.


  • Set up in March 2007 under the Commission for Protection of Child Rights Act, 2005.
  • It works under the administrative control of the Ministry of Women & Child Development.
  • Definition: The Child is defined as a person in the 0 to 18 years age group.
  • The Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
  • Under the RTE Act, 2009, the NCPCR can:
    • inquire into complaints about violation of the law.
    • summon an individual and demand evidence.
    • seek a magisterial enquiry.
    • file a writ petition in the High Court or Supreme Court.
    • approach the government concerned for prosecution of the offender.
    • recommend interim relief to those affected.
  • Composition: This commission has a chairperson and six members of which at least two should be women. All of them are appointed by Central Government for three years. The maximum age to serve in commission is 65 years for Chairman and 60 years for members.