NEW DELHI:
The smooth passage of a bill in parliament slapping a total ban on E-cigarettes, which was threatening to assume epidemic proportions, will prevent millions of Indian youths from getting initiated and addicted to nicotine delivery products, leading consumer bodies and civil society organisations have said.
The Promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Bill, 2019 was validated into law with members of both the Lok Sabha and the Rajya Sabha cutting across party lines supporting it overwhelmingly.
The Central government had issued an ordinance to ban E-cigarettes on September 18 this year. The Bill defines Electronic cigarettes (E-cigarettes) as electronic devices that heat a substance, which may contain nicotine and other chemicals, to create vapour for inhalation.
“The passage of the bill in parliament is a welcome move that will help protect Indians, especially the youth and children, from the risk of nicotine addiction through E-cigarettes and similar devices,” said Ashim Sanyal, Chief Operating Officer, Consumer VOICE, a Delhi-based voluntary organisation that works under “Jago Grahak Jago” programme of Ministry of Consumer Affairs.
“It will go a long way in preventing millions of lives from getting sucked into nicotine addiction. E-cigarettes pose significant health risks to users that are frighteningly similar to those of conventional cigarettes. It is a laudable step by our parliamentarians. It also reflects the government’s focus on public health as an area of utmost priority,” he added.
Under the law, any person who contravenes this provision will be punishable with imprisonment of up to one year, or a fine of up to Rs one lakh, or both. For any subsequent offence, the person will be punishable with an imprisonment of up to three years, along with a fine of up to Rs five lakh.
Further, no person will be allowed to use any place for the storage of any stock of E-cigarettes. Its violation will lead to imprisonment of the person for up to six months, or a fine of up to Rs 50,000, or both. If an authorised officer believes that any provision of the Bill has been contravened, the officer can search any place where trade, production, storage or advertising of E-Cigarettes is being undertaken.
In its September ordinance banning E-cigarettes, the government had made the production, import, export, transport, sale or advertisements of such “alternative” smoking devices a cognizable offence attracting jail term and fine.
“We appreciate the government for taking such a tough stand against these newer nicotine delivery devices. Nicotine is highly toxic chemical and potentially carcinogenic. In fact, it will not be an exaggeration if it is considered a poison. Therefore, any nicotine product should be taken under strict medical supervision for controlling withdrawal symptoms during cessation therapy,” Sanyal said.
In a white paper released in May this year, the Indian Council of Medical Research (ICMR) has recommended a ‘complete ban’ on Electronic Nicotine Delivery Systems (ENDS), saying their use can initiate nicotine addiction among non-smokers also. “E-cigarettes adversely affect the cardiovascular system and impair respiratory immune cell function and airways in a way similar to cigarette smoking and are responsible for severe respiratory diseases. It also poses a risk to foetus, infant and child brain development,” it pointed out.
On 28th August 2018, the Ministry of Health & Family Welfare (MoHFW) had issued an advisory to all states/UT`s, seeking to ensure that ENDS or E-cigarettes, Heat-Not-Burn devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah, and the like devices that enable nicotine delivery are not sold (including online sale), manufactured, distributed, traded, imported and advertised in their jurisdictions. The move came in the wake of the Delhi High Court taking strong exception to the Centre’s delay in coming up with appropriate measures to tackle the “new emerging threat” of e-cigarettes in the country.
