Port Blair, Mar 2: The ban imposed on chewable tobacco products in these Islands is in the larger interest of public health and in compliance to Hon’ble Supreme Court order. The repeated directions given to the A&N Administration by the Govt. of India to ban chewable tobacco products in A &N Islands have been implemented in letter and spirit and the ban came into effect in A&N Islands from October 2, 2016. It is worth mentioning that so far 26 States and 5 UTs have already imposed ban on tobacco products across the country.
The former Minister of Health and Family Welfare, Govt. of India, Dr. Harsh Vardhan, vide his letter dated 06th August, 2014 has conveyed about the Food Safety & Standards (Prohibition & Restrictions on Sales) Regulations 2011 under which tobacco and nicotine shall not be used as an ingredient in any food product.
A request was also made by Shri. Jonah Paul, Chairman of Tribal Council, Teressa Island, Nicobar District vide his letter dated 22/11/2014 to make Teressa island- a tobacco free Island.
In the light of increase in percentage of oral cancer in A&N Islands i.e 50 cases in 2015 and 84 cases in 2016, the A&N Administration has decided to impose total ban on the manufacture, storage distribution and sale of all forms of processed/ flavoured/ scented chewing tobacco products like gutka, packed/unpacked zarda etc. in A&N Islands from October 2, 2016. It is also to be mentioned that non compliance to Apex Court Order to ban tobacco products would have resulted in contempt of Apex Court Order and the States/UTs which have not banned chewable tobacco products so far will have to comply before the next date of hearing in the Hon’ble Supreme Court.
The Hon’ble Court ordered: “Learned Amicus Curiae has also pointed out that this Court has not granted any stay of regulation 2.3.4 of the Food Safety and Standards (Prohibition & Restrictions on sales) Regulations, 2011 and the concerned authorities are duty bound to enforce the said Regulations framed under section 92 read with section 26 of the Food Safety & Standards Act, 2006.
In view of the above, the concerned statutory authorities are directed to comply with the above mandate of Law. We also direct the Secretaries, Health Department of all States and Union territories to file their affidavits before next date of hearing on the issue of total compliance of the ban imposed on manufacturing and sale of Gutkha and Pan Masala with tobacco and/or nicotine.”
So far 26 States and 5 UTs have already prohibited tobacco products across the country. The prohibitory order issued by various States and UTs in compliance to Hon’ble Supreme Court order is
Sl. No Name of the State UT Ban order No. and Date of Ban Details of Ban products
1. Andhra Pradesh No. 307 dated 28/12/2014 Gutka Pan/ Masala/Chewing tobacco products like Chap tobacco, pure tobacco packed or in sachets / pouches, khaini, kharra, scented tobacco and flavoured tobacco.
2. Assam HLA/2007/Pt-2/71 dated 08/03/2013 Gutka by whatever name and pan masala containing tobacco and or nicotine as an ingredient.
3 Bihar No. 29 dated 30/05/2012 Gutka and pan masala containing tobacco or nicotine as ingredients.
4 Chhattisgarh 194 dated 25/07/2012 Gutka and pan masala containing tobacco or nicotine as ingredients .
5. Kerala No. A/1327/2012/CFS dated 22/05/2012 Gutka and pan masala containing tobacco or nicotine as ingredients.
6. Maharashtra No 777-2013/7 dated 18/07/2013 Tobacco, areca nut either flavoured or scented, Gutka, pan masala, flavoured or scented tobacco, flavoured or scented supari, kharra
7. Madhya Pradesh 3766 dated 31/03/2012 Gutka like food products containing tobacco and nicotine.
8 Odisha No 367/H dated 03/01/2013 Gutka and pan masala containing tobacco or nicotine as ingredients.
7. Punjab No. 906844/1 dated 10/01/2017 Gutka, pan masala, processed/ flavoured/ scented chewing tobacco and any other food products containing tobacco or nicotine as ingredients.
8. Tamil Nadu No. 115 dated 23/05/2016 Gutka and pan masala and any other food products containing tobacco or nicotine as ingredients.
9. Uttar Pradesh FSDA/ Food/2012 dated 04/10/2012 Gutka, pan masala containing tobacco or nicotine as ingredients.
From the above facts, it is amply clear that it is not a choice for the States not to ban the chewing tobacco products. The ban imposed on the manufacture, storage, distribution and sale of chewing tobacco products was in compliance of orders of Hon’ble Supreme Court of India, repeated directions of Govt. of India and in cognizance of evidence of spread of Oral Cancer in A&N Islands.
