Bombay HC asks Centre to reply on tobacco PIL

Court to decide on the admission of the plea on April 27

BS Reporter  |  Mumbai 

A man talks on his mobile phone as he walks past an ITC office building in Kolkata. Photo: Reuters
A man talks on his mobile phone as he walks past an ITC office building in Kolkata. Photo: Reuters

(HC) on Monday asked government to reply to a petition against its investments in

Seven people, including Tata Trusts' managing trustee R Venkataramanan, last week filed a public interest litigation (PIL) in Bombay HC against government and six state-owned insurers including (LIC) seeking divestment of their holding in and also seeking to prevent them from making such investments in the future.

The government, along with the six state-owned insurers, has investments worth more than Rs 1 lakh crore in maker

The court will decide on admission of plea on April 27. 

Waseem Pangarkar, representing the petitioners, pleaded for an early hearing for admission of

Pangarkar said notices have already been served to respondents and the issue needs to be looked at urgently as the number of deaths caused by tobacco is rising.

"While the government is consciously trying to address the menace of tobacco usage on one hand, institutions and owned by it are invested in and are increasing their stakes in the same," he said.

The insurance companies, along with Specified Undertaking of Unit Trust of India (Suuti), hold 32 per cent stake in ITC, which gets most of its revenues from the sales of cigarettes.

LIC, The New India Assurance, of India, The Oriental Insurance Company, and are state-owned named as respondents in the Insurance Regulatory and Development Authority (Irda) has also been named as a respondent. 

The petitioners have said investment in goes against the government's drive of tobacco control.

"The government of India has long had an outlook leaning towards tobacco control. To this effect, India is a signatory to WHO's most comprehensive anti-tobacco convention- the Framework Convention on Tobacco Control, 2003 (FCTC). As per Article 5.3 of the convention, the parties must create, implement and protect policies for tobacco control. Further, and more importantly in this context, Article 7.2 of the convention restrains parties from investing in the tobacco in order not to promote the cultivation and production of tobacco," the petitioners have said.

"While on one hand, the government is committed to tackling the problem of tobacco and the ill-effects caused by it, the insurance companies, in complete disregard to the government's policy, continue to invest in ITC, de-horse the spirit and intent of the FCTC," they add.

Investment in tobacco stocks is also a contentious issue globally. Typically, rules don't bar them from investing, but most pension funds don't invest in due to their ill-effects on health.

Bombay HC asks Centre to reply on tobacco PIL

Court to decide on the admission of the plea on April 27

The Bombay High Court on Monday asked the government to submit its reply on the petition against its investments in tobacco companies. A group of seven citizens, which includes Tata Trusts' managing trustee R Venkataramanan, last week filed a public interest litigation (PIL) in the Bombay HC against the government and six other state-owned insures include Life Insurance Corporation (LIC) seeking divestment of their holding in tobacco companies and also prevent them from such investments in the future.The government, along with the six state-owned insurers, has investments worth more than Rs 1 lakh crore in cigarette maker ITC.The court will decide on the admission of the plea on April 27. The court also issued notices to the Union of India through Secretary, Ministry of Health & Family Welfare seeking a response to the PIL.Waseem Pangarkar, the counsel representing the petitioners, pleaded before Chief Justice Manjula Chellur and Justice GS Kulkarni to offer an early hearing for ..
(HC) on Monday asked government to reply to a petition against its investments in

Seven people, including Tata Trusts' managing trustee R Venkataramanan, last week filed a public interest litigation (PIL) in Bombay HC against government and six state-owned insurers including (LIC) seeking divestment of their holding in and also seeking to prevent them from making such investments in the future.

The government, along with the six state-owned insurers, has investments worth more than Rs 1 lakh crore in maker

The court will decide on admission of plea on April 27. 

Waseem Pangarkar, representing the petitioners, pleaded for an early hearing for admission of

Pangarkar said notices have already been served to respondents and the issue needs to be looked at urgently as the number of deaths caused by tobacco is rising.

"While the government is consciously trying to address the menace of tobacco usage on one hand, institutions and owned by it are invested in and are increasing their stakes in the same," he said.

The insurance companies, along with Specified Undertaking of Unit Trust of India (Suuti), hold 32 per cent stake in ITC, which gets most of its revenues from the sales of cigarettes.

LIC, The New India Assurance, of India, The Oriental Insurance Company, and are state-owned named as respondents in the Insurance Regulatory and Development Authority (Irda) has also been named as a respondent. 

The petitioners have said investment in goes against the government's drive of tobacco control.

"The government of India has long had an outlook leaning towards tobacco control. To this effect, India is a signatory to WHO's most comprehensive anti-tobacco convention- the Framework Convention on Tobacco Control, 2003 (FCTC). As per Article 5.3 of the convention, the parties must create, implement and protect policies for tobacco control. Further, and more importantly in this context, Article 7.2 of the convention restrains parties from investing in the tobacco in order not to promote the cultivation and production of tobacco," the petitioners have said.

"While on one hand, the government is committed to tackling the problem of tobacco and the ill-effects caused by it, the insurance companies, in complete disregard to the government's policy, continue to invest in ITC, de-horse the spirit and intent of the FCTC," they add.

Investment in tobacco stocks is also a contentious issue globally. Typically, rules don't bar them from investing, but most pension funds don't invest in due to their ill-effects on health.

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