Srinagar, Feb 25: The High Court Monday granted
further two weeks time to the government to comply with the orders
passed by it regarding the Public Interest Litigation seeking ban on
manufacture, storage, sale and distribution of Gutkha and other
smokeless forms of tobacco products containing nicotine and tobacco as
ingredient in the State.
A division bench of Justices Muzaffar Hussain Attar and Hasnain Masoodi granted time to the government following an application by Under Secretary Health and Medical Education department seeking eight weeks time to comply with the direction passed by the court on February 4.
In earlier directions, the court directed the government to take steps to ban use and sale of Gutkha in the State.
Jammu and Kashmir Voluntary Health and Development Association through the PIL filed by it is seeking ban on the Gutkha, smokeless tobacco products in line with the Food Safety and Standards (prohibition and restriction on sales) regulation 2011.
“The smokeless form of tobacco contains deadly chemicals, which are major causes of mouth as well as throat cancer. The products contain nicotine, as delineated under new regulations notified by Food Safety and Standards Authority of India (FSSAI),” the PIL reads.
Earlier, the counsel representing Jammu and Kashmir Voluntary Health Organization pleaded that the use of Gutkha in the State was detrimental to health and the products should be banned immediately.
The petitioners are seeking that regulations 2, 3 and 4 of Food Safety and Standards (FSSAI), which states that “product not to contain any substance which may be injurious to health: tobacco and nicotine shall not be used as ingredients in any food product” be implemented.
The petitioners are also demanding banning of the manufacturing, storage, sale and distribution of Gutkha, pan masala and all other forms of chewing tobacco containing tobacco and nicotine as ingredients.
The PIL said that including Delhi, 14 states banned Gutkha under provisions of FSSAI.
Turning down the request of the government seeking eight weeks to file compliance report with regard to the February 4 direction, a division bench comprising justices Muzaffar Hussain Attar and Hasnain Massodi however allowed the application granting it only two weeks to comply with the court directions.
Health and Medical Education department had moved the application through senior Additional Advocate General A M Magray.
The High Court had on February 4 this year directed the government to take immediate necessary steps to impose ban on manufacture, sale, storage and distribution of gutka, panmasala and other forms of chewing tobacco.
The court had granted one week to the government to file a compliance report.
Seeing no justification in the government’s response that it was waiting for the Finance Department’s nod to ban the manufacturing and use of the items, the Court had directed the Chief Secretary to take necessary steps to impose ban on use of said items.
Expressing its displeasure, the Court had held that when the government was satisfied that the use of the items was damaging the health of users, there was no reason to say that it was waiting for the Finance Department’s nod. The respondents had said that before approaching the competent authority to put a ban on these products, views of the Finance Department were required to be obtained in the matter in keeping with the financial implications, saying the matter was referred to the Department in October 2012 which was under its examination.
A Public Interest Litigation filed by Jammu and Kashmir Voluntary Health and Development Association through its counsel Sajad Geelani is seeking ban on the tobacco products in keeping with the Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 2011 in the interest of public health. According to the PIL, the smokeless form of tobacco contains deadly chemicals which are major causes of mouth as well as throat cancer.
The products contain nicotine, as delineated under new regulations notified by Food Safety and Standards Authority of India (FSSAI), says the PIL.
The PIL states that in keeping with the health hazards of the smokeless chewable tobacco products, 14 states in India including Delhi have banned gutka under provisions of FSSAI.
Sajjad Geelani represented the petitioners and the State was represented by Additional Advocate General M A Chashoo.
A division bench of Justices Muzaffar Hussain Attar and Hasnain Masoodi granted time to the government following an application by Under Secretary Health and Medical Education department seeking eight weeks time to comply with the direction passed by the court on February 4.
In earlier directions, the court directed the government to take steps to ban use and sale of Gutkha in the State.
Jammu and Kashmir Voluntary Health and Development Association through the PIL filed by it is seeking ban on the Gutkha, smokeless tobacco products in line with the Food Safety and Standards (prohibition and restriction on sales) regulation 2011.
“The smokeless form of tobacco contains deadly chemicals, which are major causes of mouth as well as throat cancer. The products contain nicotine, as delineated under new regulations notified by Food Safety and Standards Authority of India (FSSAI),” the PIL reads.
Earlier, the counsel representing Jammu and Kashmir Voluntary Health Organization pleaded that the use of Gutkha in the State was detrimental to health and the products should be banned immediately.
The petitioners are seeking that regulations 2, 3 and 4 of Food Safety and Standards (FSSAI), which states that “product not to contain any substance which may be injurious to health: tobacco and nicotine shall not be used as ingredients in any food product” be implemented.
The petitioners are also demanding banning of the manufacturing, storage, sale and distribution of Gutkha, pan masala and all other forms of chewing tobacco containing tobacco and nicotine as ingredients.
The PIL said that including Delhi, 14 states banned Gutkha under provisions of FSSAI.
Ban on Gutka: HC grants 2-weeks to Govt to file compliance report
Srinagar, Feb 25: The Jammu and Kashmir High Court Monday granted two more weeks to the state government to comply with the order it passed on February 4 regarding the ban on manufacture, sale, storage and distribution of gutka, panmasala and other forms of chewing tobacco containing nicotine.Turning down the request of the government seeking eight weeks to file compliance report with regard to the February 4 direction, a division bench comprising justices Muzaffar Hussain Attar and Hasnain Massodi however allowed the application granting it only two weeks to comply with the court directions.
Health and Medical Education department had moved the application through senior Additional Advocate General A M Magray.
The High Court had on February 4 this year directed the government to take immediate necessary steps to impose ban on manufacture, sale, storage and distribution of gutka, panmasala and other forms of chewing tobacco.
The court had granted one week to the government to file a compliance report.
Seeing no justification in the government’s response that it was waiting for the Finance Department’s nod to ban the manufacturing and use of the items, the Court had directed the Chief Secretary to take necessary steps to impose ban on use of said items.
Expressing its displeasure, the Court had held that when the government was satisfied that the use of the items was damaging the health of users, there was no reason to say that it was waiting for the Finance Department’s nod. The respondents had said that before approaching the competent authority to put a ban on these products, views of the Finance Department were required to be obtained in the matter in keeping with the financial implications, saying the matter was referred to the Department in October 2012 which was under its examination.
A Public Interest Litigation filed by Jammu and Kashmir Voluntary Health and Development Association through its counsel Sajad Geelani is seeking ban on the tobacco products in keeping with the Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 2011 in the interest of public health. According to the PIL, the smokeless form of tobacco contains deadly chemicals which are major causes of mouth as well as throat cancer.
The products contain nicotine, as delineated under new regulations notified by Food Safety and Standards Authority of India (FSSAI), says the PIL.
The PIL states that in keeping with the health hazards of the smokeless chewable tobacco products, 14 states in India including Delhi have banned gutka under provisions of FSSAI.
Sajjad Geelani represented the petitioners and the State was represented by Additional Advocate General M A Chashoo.
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