HC upholds ban on gutkha, pan masala in Maharashtra

Mumbai : In a victory for the state government and the anti-tobacco activists, the Bombay High Court today upheld the ban on gutkhaand pan masala – both flavoured tobacco products -- in Maharashtra. Hearing a bunch of petitions filed by gutkhaand pan masala manufacturers, the division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar held that gutkhaand pan masala fell within the definition of "food" under the Food Safety and Standards Act, and the Commissioner of Food and Drugs Administration (FDA) has the power to ban them.
The court ordered the state government not to destroy the seized gutkhapouches till September 25, so as to enable the petitioners to seek relief from Supreme Court.
The manufacturers claim that production worth Rs 10 crore has been seized after the ban was imposed on July 19.
The High Court also rejected the manufacturers' plea that they be allowed to transport their products from Karnataka to Rajasthan through Maharashtra and Gujarat.
HC said such a passage could not be allowed, as both Gujarat and Maharashtra have banned gutka.
Petitioners had argued that gutkhawas not a "food" under the Act, so FDA had no power to ban it. Dhariwal Industries, one of the petitioners, had also argued that state's notification only banned gutkhaand not pan masala.
Its lawyer argued that while the state's reason for banning gutkhawas its harmful ingredients such as zinc, nicotine and magnesium carbonate, the company's pan masala products contained only minimal amount of zinc.
But Advocate General Darius Khambatta said that laboratory tests had showed that pan masala too has harmful ingredients. He likened gutkhaand pan masala to "poison".
It was the state's duty to raise the "level of nutrition" and standard of living of citizens, he said. While imposing the ban, the government had cited the carcinogenic nature of the two tobacco products.
The judges held that Food Safety Act empowered FDA to ensure that no "food" remains unsafe. It was the duty of the food manufacturers to ensure that they do not manufacture any food which is unsafe for public health, the HC said.

Gutka ban: HC to pass order today

The arguments over the petitions filed by tobacco products companies challenging the one-year state ban on gutka and paan masala in the Bombay high court came to an end on Friday. Division bench comprising chief justice Mohit Shah and justice Nitin Jamdar will pass an order on Saturday.
The Central government represented by additional solicitor general (ASG) Kevin Setalwad and counsel Rajani Ayyar representing Tata Memorial Hospital for Cancer and its NGO, Action Against Tobacco argued in support of the ban.
Mr Setalwad argued that even as the Food Safety and Standard Act, 2006 is a Central Act, the state under the delegated power to legislate can impose the ban on food products that are harmful to public health.
“The apex court had asked the National Institute of Health and Family Welfare to file report. Judiciary wanted material against the industry on what are the harmful affects of the industry on society as against the interest of a handful people, who are before this honourable court as petitioners,” argued the counsel. It was further submitted that the state was speaking of loss of `100 crore in taxes and profit of this industry was enormous.
It was pointed out to the court that where one-third of the adult population uses tobacco in one form or other,only nine per cent are smokers. In the state, a staggering 274 million people use tobacco. Cancer due to tobacco is 45 per cent of all the causes of cancers. “Food item that has potential to kill has no positive affect,” the counsel argued.

Dates nutrition facts

What nutrients are there in dates? A lot indeed! Here are sweet, delicious fruits from the tropical oasis, brimming with much-needed minerals and energy to help you stay fit and healthy.
Botanically; they are the fruits grow on the palm tree belonging to the family of Arecaceae in the genus: Phoenix and scientifically named as Phoenix dactylifera. The tree is believed to originate in the lands on the banks of Nile and Euphrates Rivers of ancient Egypt and Mesopotamia. Date palm is now grown extensively for its edible fruits under warmer climates across all the continents.
The date fruit is a "drupe" in which outer fleshy part (exocarp and mesocarp) surrounds a shell (the pit or stone) of hardened endocarp with a seed inside. The fruit is oval to cylindrical in shape, 3–7 cms long, and 2–3 cms diameter, and when ripe, range from bright red to depending on the variety.
There are many varieties of date palm cultivated. ‘Amir Hajj’, ‘Saidy’, 'Khadrawy' and 'Medjool' is some of the important varieties that are popular for their superior quality.

Health benefits of dates

• Wonderfully delicious, dates are one of the most popular fruits packed with an impressive list of essential nutrients, vitamins, and minerals that are required for normal growth, development and overall well-being.
  
• Fresh dates compose of soft, easily digestible flesh and simple sugars like fructose and dextrose. When eaten, they replenish energy and revitalize the body instantly. For these qualities, they are being used to break the fast during Ramadan month since ancient times.
  
• The fruit is rich in dietary fiber, which prevents LDL cholesterol absorption in the gut. Additionally, the fiber works as a bulk laxative. It, thus, helps to protect the colon mucous membrane by decreasing exposure time and as well as binding to cancer-causing chemicals in the colon.
  
• They contain health benefiting flavonoid polyphenolic antioxidants known as tannins. Tannins are known to possess anti-infective, anti-inflammatory, and anti-hemorrhagic (prevent easy bleeding tendencies) properties.
  
• They are moderate sources of vitamin-A (contains 149 IU per 100 g), which is known to have antioxidant properties and essential for vision. Additionally, it is also required maintaining healthy mucus membranes and skin. Consumption of natural fruits rich in vitamin A is known to help to protect from lung and oral cavity cancers.
  
• They compose antioxidant flavonoids such as ß-carotene, lutein, and zea-xanthin. These antioxidants found to have the ability to protect cells and other structures in the body from harmful effects of oxygen-free radicals. Thus, eating dates found to offer some protection from colon, prostate, breast, endometrial, lung, and pancreatic cancers.
  
  
• Zea-xanthin is an important dietary carotenoid that selectively absorbed into the retinal macula lutea, where it thought to provide antioxidant and protective light-filtering functions. It thus offers protection against age-related macular degeneration, especially in elderly populations.
  
• Dates are an excellent source of iron, contains 0.90 mg/100 g of fruits (about 11% of RDI). Iron, being a component of hemoglobin inside the red blood cells, determines the oxygen-carrying capacity of the blood.
  
• Further, they are very good in potassium. 100 g contains 696 mg or 16% of daily-recommended levels of this electrolyte. Potassium is an important component of cell and body fluids that help controlling heart rate and blood pressure. They, thus, offers protection against stroke and coronary heart diseases.
  
• They are also rich in minerals like calcium, manganese, copper, and magnesium. Calcium is an important mineral that is an essential constituent of bone and teeth, and required by the body for muscle contraction, blood clotting, and nerve impulse conduction. Manganese is used by the body as a co-factor for the antioxidant enzyme, superoxide dismutase. Copper is required for the production of red blood cells. Magnesium is essential for bone growth.
  
• Further, the fruit has adequate levels of B-complex group of vitamins as well as vitamin K. It contains very good amounts of pyridoxine (vitamin B-6), niacin, pantothenic acid, and riboflavin. These vitamins are acting as cofactors help body metabolize carbohydrates, protein, and fats. Vitamin K is essential for many coagulant factors in the blood as well as in bone metabolism.
  

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012

• The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012 was introduced in the Lok Sabha on September 6, 2012 by Ms. Kumari Selja, Minister of Housing and Urban Poverty Alleviation.

• The Bill shall not be applicable to land owned or controlled by the Railways under the Railways Act, 1989.

• The Bill requires every street vendor to be registered with the Town Vending Committee. The Bill states that the minimum age of a street vendor has to be 14 years.

• Street Vendors have been defined to include ‘any person engaged in vending of articles, goods, food etc or offering services to the general public in a street lane, side walk, footpath, pavement, public park, or any other public or private area.  It includes hawkers, peddlers, and squatters.

• The Bill provides that no person can undertake any street vending activity without obtaining the required vending certificate.  Every registered street vendor shall be issued an identity card. 

• The Bill states that a vending certificate shall be issued to (a) stationary vendors; or (b) mobile vendors; or (any other category of vendor recognised by the appropriate government.

• The Bill requires every local authority to frame a street vending plan.  The plan has to be reframed every five years.  The plan shall determine the vending zones as (a) restriction-free vending zones; (b) restricted vending zones; and (c) no-vending zones.  The plan should also take into account that the areas available for street vending is reasonable, does not lead to overcrowding and is consistent with natural markets.

• The Bill defines natural markets as “a market where sellers and buyers have traditionally congregated for more than a specified period for the sale and purchase of specific products or services and has been determined as such by the local authority.”

• The appropriate government shall frame a street vending scheme.  The scheme shall include amongst others: (a) the manner of applying for registration, (b) the period within which the decision has to be made and, (c) any other condition to be imposed on the vending certificate.

• The Bill empowers the local authority to relocate street vendors.  The authority may do so, of the street vendors are causing a public nuisance or obstructing the movement of the public. A registered street vendor who has been relocated shall be entitled to new site for vending.

• The local authority is also empowered to confiscate the goods of the vendors in the manner specified in the street vending scheme.

• The Bill empowers the Town Vending Committee to cancel or suspend the vending certificate.  This may be done if the vendor has breached the conditions of street vending either under the Bill or under the street vending scheme.

• An appeal can be made to the local authority against the decision of the Town Vending Committee.  The appeal shall be with respect to (a) decision regarding the grant of registration; or (b) cancellation/suspension of the vending certificate.

• The local authority shall constitute a grievance redress committee.  The committee shall consist of one sub judge/judicial magistrate / executive magistrate and other persons experienced in street vending.  Appeal against the decision of Committee shall lie with the local authority.

• The Bill defines the duties of the local authority to include amongst others; (a) monitoring and supervising the street vendor scheme; (b) monitoring the effectiveness of the Town Vending Committee; and (c) deciding appeals.

•  A penalty may be imposed on the street vendors if the vendor :(a) does not have a vending certificate; or (b) vends beyond the designated zone or specified timings; or (c) contravenes the vending certificate.  A maximum penalty of Rs 2000 may be imposed on the street vendor.

• The appropriate government may provide for credit, insurance and other welfare schemes for the street vendors.

Ban on Gutka may remain only on paper

On September 11, Gujarat became the 11th Indian state to impose a blanket ban on production, distribution, storage and sale of cancer-causing gutka, a chewable crushed mixture of betel nut, tobacco, catechu, paraffin, slaked lime and sweet or savory flavorings.But addicts are laughing in their sleeves in which many are now hiding the featherweight sachets of the heady concoction reclassified as a foodstuff by the Food Safety and Standards Authority of India, prohibiting the use of tobacco and nicotine as loose ingredients in any food product.
After all, the devil-may-care users are fully aware that, like liquor prohibition in the land of Mahatma Gandhi, the latest proscription will also remain only on paper in the state accounting for sales totaling Rs2.5 billion. The slapping of the strict one-year ban — violators face a six-month imprisonment and a Rs 500,000 fine — only a couple of months ahead of the assembly polls shows that the stringent measure has been taken only to woo middle-class women who hate the annoying and harmful chewing habit of their family members.
Chief Minister Narendra Modi has been making passionate appeals to people to support the awareness campaign and convert it into a mass movement.
According to Dr Shilin Shukla of the prestigious Gujarat Cancer Research Institute, 17 per cent women are addicted to gutka and other forms of tobacco in the state while the number of men is 60 per cent.
Ahmedabad is said to be the capital of oral cancers caused by tobacco consumption in India which boasts of 275 million junkies. The country’s fifth most populous city has a staggering 55 per cent prevalence of tobacco-related cancers (TRC) compared to the Indian average of 40 per cent. The highly unorganised Rs10 billion gutka industry in Gujarat has a 10 per cent share in the Rs100-billion national turnover. Brands like RMD, formerly known as Manikchand, and Vimal, even have gutka-making plants in the state.
Indeed, in order to prove that the state government is serious about enforcing the new legislation, as many as 3,953 raids were carried out across all the 26 districts on the first day itself and 67,500 pouches of gutka worth Rs250,000 were seized.
However, the forced ban is unlikely to be effective in preventing youths from falling into the ‘tobacco trap’, especially at a tender age. Addicts say they will buy the gutka ingredients separately and mix themselves apart from finding alternative mixtures to satisfy their chewing urge.
Again, like the banned bubbly, the cheap gutka packets will be available for asking at, of course, enhanced rates. Also, unfortunately, the stimulating concoction enjoys greater social acceptability than cigarette or alcohol.
It will also not be surprising if, as has happened in some states, the manufacturers and distributors drag the Modi regime to a legal court.
Tobacco kills nearly one million people every year but then habits die hard.