The Delhi Government banned manufacturing, distribution, storage and sale of tobacco in the city. However, its implementation is not quite visible in most areas of Delhi.
The ban was raised on September third week and a special district magistrate has also been appointed for this purpose. However, selling of tobacco and gutka is visible in south Delhi mostly at Okhla and Mehrauli where tobacco is available on whole sale prices.
After giving a verbal undertaking to the Delhi High Court, the government got the clearance of ban from lieutenant-governor. The health minister assured that a blanket ban will be put on tobacco but it seems all the assurances have turned to be futile.
In Mehrauli market, Cityplus saw whole sale shops of tobacco selling gutka and pan masala openly. When we enquired that why were they selling these products despite government ban, the shopkeepers said that it is still in demand and they have been selling it for years.
"We are not retailers; we have raw and pure tobacco, pan masala and other items. We are selling these things to earn money, it is the only source of income for us," said a shopkeeper on condition of anonymity.
Sources in the health department confirmed that a complete blanket ban on gutka would be implemented by next week. When contacted, health minister A K Walia said, "We are strongly in favour of banning tobacco and all areas and concern departments have been informed. Delhi government is working on this project seriously, whatever product contains tobacco or nicotine will be banned completely in Delhi."
In several other markets of south Delhi, tobacco products are still visible. Small vendors are selling these items openly. These markets are Kalkaji, Okhla, Malviya Nagar, Mehrauli and Govindpuri. The RWAs and market associations are aware of this and they have even sent letters to the ministry of health, Delhi government.
Residents of different areas believe that this decision can't hamper sale of tobacco until a strict code of conduct comes in to existence.
A resident of Malviya Nagar and social activist MK Mishra said, "This order reflects the failure of Delhi Government. They just issued an order but did not bother to check its implementation. At many places one can see pouches of gutka and tobacco in vendor shops. I have sent a written letter to our health minister stated that several vendors and shops are violating the act and there is no check on them."
In a media report on July 31, in which the Delhi health minister had said the government should ban sale of tobacco products, the bench of high court asked the state to consider the plea as a representation and decide the same in two weeks. The petitioner had claimed that eight states, Madhya Pradesh, Kerala, Haryana, Bihar, Himachal Pradesh, Maharashtra, Rajasthan and Goa have already banned gutka and its products but Delhi government is still to take any action.
Under the Food Safety and Standards Act, 2006, the Centre framed a regulation in 2011 empowering the state's Food Safety Commissioner to ban tobacco products. According to the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, gutka and other forms of chewing tobacco products such as zarda, pan masala, gul and bajjar which are toxic and addictive, should be banned from being sold in the state.
Food Safety Act
• Food Safety and Standards Act. 2006 says that violators can be punished with imprisonment up to 7 years or penalty of Rs 10 lakhs or both.
• Each district will have special district magistrate to implement and enforce the act.
• Area food safety inspectors can visit markets and issue challans to violators.
• Apart from sale, production, distribution, promotion, storage and display will be banned in Delhi.
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