Apr 5, 2013

With TN, Karnataka & WB planning ban, India set to be gutkha-free soon

India is all set to become gutkha-free with governments of Tamil Nadu, Karnataka and West Bengal deciding to extend the ban in their respective states in about a month.

The three states would impose the ban under the Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, just like their counterparts - 23 states and five union territories - Bihar, Haryana, Maharashtra, Gujarat, Rajasthan, Chhattisgarh, Jharkhand, Uttar Pradesh, Punjab, Uttarakhand, Jammu & Kashmir, Delhi, Goa, Mizoram, Andhra Pradesh, Odisha, Chandigarh, Madhya Pradesh, Kerala, Assam, Nagaland, Tripura, Meghalaya, Sikkim, Pondicherry, Andaman and Nicobar Islands and Daman and Diu.

Informing this Yash Gupta, owner, M R Group (Delhi), said, “Gutkha has been banned in 23 states and five union territories and in coming month it will be banned in the three states, which have not banned it yet.”

Reacting to news regarding the Supreme Court order seeking compliance reports from all state governments that have banned the sale and manufacture of gutkha and pan masala containing tobacco, he said, “Governments have taken a very good step by keeping in mind the health of crores of people of the country who consume gutkha. We appreciate the move and will not move any court.” The apex court gave the order on a petition filed by Ankur Gutkha with Indian Asthma Care Society as the respondent.

The bench comprising Justice G S Singhvi and Justice Kurian Joseph issued notices to the health secretaries of all the 23 states and five union territories to file the compliance reports on the implementation of the ban. The court also asked why the products have not been banned in others states and why regulation 2.3.4 of FSSA has not yet been implemented, according to Seema Gupta, regional director, Voluntary Health Association of India (VHAI).

“Additional solicitor-general Indira Jaisingh who was representing the Central government of India informed that gutkha was being manufactured and sold in states like Delhi, Maharashtra and Uttar Pradesh just violating the law. She also claimed that the rules are not implemented properly in many states,” informed Gupta.
 
Prashant Bhushan, advocate appearing for Health for the Million Trust and VHAI, said, “Gutkha in any form has been banned in 23 states and five union territories. But still the ban is not being properly enforced as there is no control over manufacturing units. The banned products are also easily available from the states where gutkha is not banned.”

The next hearing of the case will be on May 3, 2013.

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