BAN ON E-CIGARETTES

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BAN ON E-CIGARETTES

The Union Finance Minister, Nirmala Sitharaman, announced the decision to ban e-cigarettes in India, following the recommendations of a group of ministers headed by her. The Union Government approved a complete ban on e-cigarettes across the country.

What Are E-Cigarettes?

E-cigarettes are a broad category under Electronic Nicotine Delivery Systems (ENDS). These devices do not burn or use tobacco leaves. Instead, they vaporize a liquid solution using a battery-powered heating element. The resulting vapour is then inhaled by the user.

In addition to nicotine, the solution often contains other substances such as propylene glycol, glycerol, and flavouring agents.

Health Risks

According to the World Health Organization (WHO):

“It can have adverse effects during pregnancy and may contribute to cardiovascular disease.”

“Although nicotine itself is not a carcinogen, it may function as a tumour promoter. Nicotine appears to be involved in the biology of malignant diseases, as well as neurodegeneration.”

Legal Provisions

Upon the enforcement of The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019, the following legal consequences came into effect:

  • Cognizable Offence:
    From the date of enforcement, all acts of manufacturing, producing, transporting, importing, exporting, selling, storing, and advertising e-cigarettes became cognizable offences in India.

Punishments:

  • First-time offence:
    Imprisonment up to 1 year, or a fine up to ₹1,00,000, or both.

  • Repeat offence:
    Imprisonment up to 3 years, or a fine up to ₹5,00,000, or both.

  • Storage of e-cigarettes:
    Imprisonment up to 6 months, or a fine up to ₹50,000, or both.

CURIOSITY

Why aren't we completely banning smoking?

This remains a pertinent question. The reasons often cited include:

  1. Economic Dependence: India is one of the largest producers of tobacco, and millions depend on the tobacco industry for employment.

  2. Tax Revenue: Cigarette and tobacco taxes contribute significantly to government revenue.

  3. Cultural and Social Acceptance: Traditional forms of smoking like bidis and hookahs have deep-rooted social and cultural acceptance.

  4. Regulation vs. Prohibition: Unlike e-cigarettes, tobacco products are regulated under existing laws like COTPA (Cigarettes and Other Tobacco Products Act, 2003). The government prefers a regulatory approach over an outright ban.

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