The Allahabad High Court has given 14 days to the state government to
take steps for banning manufacture, sale and consumption of gutkha
(paan masala containing tobacco). In the event of failure, the court
would consider passing directions in this regard to the state government
and gutkha manufacturers, the court said and fixed October 10 as the
next date of hearing.
The court said that it saw no impediments before the state government to implement the ban in the wake of many directions of the Central government in this regard. The court passed the order on Monday while hearing a PIL, filed by the Indian Dental Association (IDA) and Dr A K Mehrotra, an activist working on prevention of cancer. The PIL demanded ban on gutkha in the state.
Hearing the petition, the division bench of Justices Amar Saran and Anurag Kumar said: “We would like to have the response of the state government on the next listing as to the steps that have been taken in the 14-day period allowed by this court for ensuring compliance of the directions of the Cente for restraining the manufacture, sale and distribution of gutkha in UP. If the state failed to do so, this court may have to consider the need to issue a mandamus to the food business operators and the state government to follow the legal provisions imposing a ban on such products.” The court added: “The sincerity and commitment of the UP government to care of the health of its citizens by restricting the use of gutkha (which) is a health hazard, is under examination now.”
Taking note of the three letters issued by the Centre on May 8, August 27 and 29, directing the state to take steps for banning guktha, the court rejected the UP government’s contention that it required directions from the Centre for implementing the ban. “As the letters clearly contain the necessary directions to place restrictions on the sale and distribution of gutkha, we see no impediment before the state for not taking suitable steps for issuing the necessary directions in this matter in the next 14 days,” the bench said.
Earlier, the court had expressed its regret on the state government changing its stance. On May 23, the state had claimed that it was actively considering banning gutkha. However, on September 10, it told the court that it had referred the matter to the Centre for seeking directions. The court also agreed with the petitioners that already 13 states have imposed bans and the High Courts of Kerala, Bihar, Madhya Pradesh and Mumbai have upheld these bans.
Counsel for petitioners Vishnu Behari Tewari said: “One of our main arguments was that as per Food Safety Standards Act (FSSA) 2006, tobacco and nicotine could not be mixed in any food product and gutkha has been considered a food product. The court has agreed with our contention.”
The court said that it saw no impediments before the state government to implement the ban in the wake of many directions of the Central government in this regard. The court passed the order on Monday while hearing a PIL, filed by the Indian Dental Association (IDA) and Dr A K Mehrotra, an activist working on prevention of cancer. The PIL demanded ban on gutkha in the state.
Hearing the petition, the division bench of Justices Amar Saran and Anurag Kumar said: “We would like to have the response of the state government on the next listing as to the steps that have been taken in the 14-day period allowed by this court for ensuring compliance of the directions of the Cente for restraining the manufacture, sale and distribution of gutkha in UP. If the state failed to do so, this court may have to consider the need to issue a mandamus to the food business operators and the state government to follow the legal provisions imposing a ban on such products.” The court added: “The sincerity and commitment of the UP government to care of the health of its citizens by restricting the use of gutkha (which) is a health hazard, is under examination now.”
Taking note of the three letters issued by the Centre on May 8, August 27 and 29, directing the state to take steps for banning guktha, the court rejected the UP government’s contention that it required directions from the Centre for implementing the ban. “As the letters clearly contain the necessary directions to place restrictions on the sale and distribution of gutkha, we see no impediment before the state for not taking suitable steps for issuing the necessary directions in this matter in the next 14 days,” the bench said.
Earlier, the court had expressed its regret on the state government changing its stance. On May 23, the state had claimed that it was actively considering banning gutkha. However, on September 10, it told the court that it had referred the matter to the Centre for seeking directions. The court also agreed with the petitioners that already 13 states have imposed bans and the High Courts of Kerala, Bihar, Madhya Pradesh and Mumbai have upheld these bans.
Counsel for petitioners Vishnu Behari Tewari said: “One of our main arguments was that as per Food Safety Standards Act (FSSA) 2006, tobacco and nicotine could not be mixed in any food product and gutkha has been considered a food product. The court has agreed with our contention.”
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