Oct 4, 2012

After HC order, UP to ban gutka from April 1 next year, 2013


LUCKNOW: UP government on Wednesday announced to ban gutka as per the order of the Allahabad High Court and the food security act passed by Parliament. However, the order will come into effect from April 1, 2013. Chief minister Akhilesh Yadav said that six months' time has been given to find out alternative employment for the people rendered jobless due to the ban.
In an official note issued by the state government, chief minister Akhilesh Yadav said the decision was taken in keeping with the Food Safety and Standards Act, 2006 and was also being implemented in several other states of the country.
On September 18, the high court had questioned "the sincerity and commitment of the UP government to care for the health of its citizens" by restricting the use of 'gutka' and pan masala containing tobacco in the state.
Apart from ordering the state government to ban 'gutka', the court also asked the government to submit a compliance report, on October 10, giving details of the steps it had taken to implement the court's directives.Though the order was also applicable to other food products containing tobacco as an ingredient, the state government's order, on Wednesday, remains silent on all other products.
With as many as 13 states in the country having effected the gutka ban, the high court, in its order passed on a public interest litigation filed by Indian Dental Association, also said it might consider passing an order banning gutka, if the state government failed to act within the stipulated time.
Earlier, the standing counsel for the Central government had submitted before the court three letters sent by special secretary, Union ministry of health and family welfare, between May and August 2012, directing UP government to prohibit the sale and distribution of gutka, in keeping with the provisions of FSSA and putting restrictions on adding tobacco and nicotine to any food product. In response, the state government had, on September 10, filed an affidavit in the court saying it would take the necessary steps to ban the sale of gutka in UP within 14 days.
Though UP has been under pressure to impose a ban on the gutka, there are several reasons that have forced the state to delay the decision. One of the reasons of course is the massive revenue earnings through sales of gutka. In 2011-12 alone, the sale of gutka and tobacco-mixed paan masla in UP fetched the state government over Rs 230 crore as tax revenue.
The ban was also believed to be "under consideration'' for a long time as a populist measure - to protect the interests of several lakh labourers, traders and entrepreneurs involved in the gutka business in UP. In fact, in August, the state cabinet had lowered the entry tax on gutka.

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