Daily Current Affairs Quiz PDF of 30th January 2018
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To curb the $11 billion tobacco industry’s legal right to trade, the government, for the first time, has asked the top court to classify tobacco as “res extra commercium”, which is a Latin phrase for “outside commerce”. The move is part of the government’s effort to tame the tobacco companies looking to challenge tough regulations pertaining to the industry.
What is “res extra commercium”?
Res extra commercium means things beyond commerce, i.e., which cannot be brought or sold, such as public roads, rivers, titles of owners etc. it is a doctrine originating in roman law. In some contexts, it can refer to areas beyond national borders, such as space and the seabed.
What’s the issue?
India’s tobacco labelling rules, which mandate 85% of a cigarette pack’s surface be covered in health warnings, have been a sticking point between the government and the tobacco industry since they were enforced in 2016. But a court in southern Karnataka state last month quashed those labelling rules after the tobacco industry successfully argued the measure was “unreasonable” and violated its right to trade.
Therefore, seeking to apply this doctrine to tobacco, the government argued it should have the power “to regulate business and to mitigate evils” to safeguard public health.
Concerns associated:
The doctrine would open the door to an outright ban on tobacco sales if a state so wished. It gives the state autonomy to completely ban trade in tobacco. It also gives governments the constitutional cover that will protect future litigation. The industry will lose significant ground as your protection of right to trade is gone.
Background:
This is not the first time the doctrine has been cited; in the 1970s, the top court’s application of the doctrine led to two states completely banning alcohol, apart from allowing courts to take a stricter stance on regulating liquor.
Efforts by government to curb the use of tobacco:
The government, over the years, initiated several reforms in the recent years to curb the use of tobacco that kills almost nine lakh people in India each year. Increased taxes, campaigns, advertisements are some of the measures taken by the government to curb the use of tobacco.
Way ahead:
If this Roman law doctrine is is applied, it would have severe implications on the tobacco industry; not only would the industry’s legal rights to trade will suffer, but it will also give authorities more freedom to impose restrictions.
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