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.
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.