Keeping in mind the health of the people of the country and that too especially the youngster of the country the Union Cabinet has recently placed a ban on the e-cigarettes. E-cigarettes are battery-operated devices that produce an aerosol by heating a solution containing nicotine, which is the addictive substance in combustible cigarettes. These include all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices.

In regard with this, the Union Cabinet has approved the Promulgation of the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019. Upon promulgation of the ordinance, the people will not be allowed to produce, manufactures, import, export, transport, sale distribution (including online sale),  advertisement (including online advertisement). If done so, then this shall be treated as cognizable offence with imprisonment of up to one year or fine up to Rs. 1 lakh or both for the first offence; and imprisonment of up to three years and fine up to Rs. 5 lakh for a subsequent offence. Storage of electronic-cigarettes shall also be punishable with an imprisonment up to 6 months or fine up to Rs 50,000 or both.

The owners of existing stocks of e-cigarettes on the date of commencement of the Ordinance will have to themselves declare and deposit these stocks with the nearest police station. The Sub-Inspector of Police has been designated as the Authorized Officer to take action under the Ordinance. The Central or State Governments may also designate any other equivalent officer(s) as Authorized Officer for enforcement of the provisions of the Ordinance.

As per Article 47 of the Indian Constitution, the state has the duty to raise the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. And in consideration of these causes the state can also prohibit the consumption of the intoxicating drinks and of drugs which are injurious to health except which are used for medicinal purposes.

At present, an Ordinance has been passed. In the next session of Parliament, the Bill has to be proposed. Once the Parliament approves the bill, the proposed ban on such products will get legal backing.

The Indian Council of Medical Research (ICMR) had also cautioned against the growing use of e-cigarettes stating that the use of e-cigarettes could have adverse effects on humans, which include DNA damage, carcinogenic, cellular, molecular and immunological toxicity, respiratory, cardiovascular and neurological disorders and adverse impact on pregnancy.

 

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