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POLICY WATCH : BAN ON E CIGARETTES

DEC 06, 2019

Brief Analysis


1. INTRODUCTION

  • The bill was passed by the Lok Sabha on 27th November and this will replace an ordinance promulgated by the government on September 18.

  • First time offenders will be jailed upto a year and a fine upto 1 lakh can be imposed. Repeat offenders, the jail term can be extended till 3 years with fine extending upto 5 lakh rupees.

  • The Bill defines electronic cigarettes as electronic devices that heat a substance, which may contain nicotine and other chemicals, to create vapour for inhalation.

  • These e-cigarettes can also contain different flavors and include all forms of electronic nicotine delivery systems


2. INSIGHTS


  • The Bill prohibits the production, manufacture, import, export, transport, sale, distribution and advertisement of e-cigarettes in India.

  • Once the Bill comes into force, the owners of existing stocks of e-cigarettes will have to declare and deposit these stocks at the nearest office of an authorised officer

  • If an authorized officer believes that any provision of the Bill has been contravened, he can search any place where trade, production, storage or advertising of ecigarettes is being undertaken

3. AIMS AND JUSTIFICATION FOR BAN

  • Hindrance in achieving targets envisaged under Sustainable Development Goals

  • Overall interest of public health of the youth and pregnant women as well

  • Addictive nature of nicotine.

  • Its an gateway drug.

  • The government also cited Article 47 of the Indian Constitution to justify the ban on e-cigarettes (Article 47 reads: “Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

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