1. If Ban on gutka is justified thenwhy the same should not beimposed on cigarettes2. Novation and alteration interms of contract - Eg. DLF Blair
Gutka is a preparation of crushed areca nut (alsocalled betel nut), tobacco, catechu, paraffin, slakedlime and sweet or savoury flavourings. Manufactured and Exported A mild stimulant Sold across India Small, individual-sized packets that cost between 2 and 10 rupees per packet. Consumed much like chewing tobacco
Gutkha use can begin at a very young age. Social custom does not Due to its often permit children to flavourful taste, easy smoke so eventually availability and becomes another habit cheapness tough to quit. Exhibit Symptoms of precancerou cancer appear s lesions at a by high school very early or college age as a age. result.In 2008, about 5 million children under 15 were addicted to gutkha. A survey in UttarPradesh and Madhya Pradesh found precursors of mouth cancers in 16% of the children
Highly addictive and a known carcinogen. Lead to loss of appetite, promote unusual sleep patterns, and loss of concentration.Prominently stained teeth ranging fromdirty yellowish-orange to reddish-black. Generally spat onto a wall or at the ground, causing an unsightly red stain that is quite resistant to the elements.More than 2,500 people in our countrydie every day due to diseases caused by tobacco and its related products.Cancer to a person devastates his familyas all savings are spent on the treatment of the disease.
Several states of India have banned the sale, manufacture, distribution andstorage of gutka and all its variants.Banned under centrally enacted Food Safety and Regulation (Prohibition) Act 2011.Pseudo permanent ban.Enforced by the state public health ministry, the state Food and DrugAdministration and the local police.Enforcement of the law is somewhat lax.Provisions of imposing fines up to 25000 on selling of products that are injuriousto health.
The consumer base of tobacco in India stands at34.6% of all adults (with cigarette share being 5.7%) while 75% of Indian tobacco consumers usenon‐smoking tobacco products such as gutkha andpaan masala. The gutkha market in India is worthINR150bn ‐ INR 200bn. Sachets of several brands aresold through paan shops thus easily accessible toeveryone.
A Supreme Court ruling states that since pan masala, gutkha andGutkha is proved to supari are eaten forcontain carcinogens taste and nourishment, they are all considered food. Rule 2.3.4 of the Food Safety and Subsequently various Standards states have banned (Prohibition and theRestrictions on Sales) sale, manufacture Regulations, 2011. and distribution of under centrally gutkhaenacted FSR act 2011
India has the highest prevalence of oral cancerglobally, with 75,000 to 80,000 new cases beingreported every year. Nearly 80% of all oral cancer cases are due to theconsumption of tobacco products like gutkha, panmasala, betel quid with tobacco, and khaini. India spends approximately INR300bn annually (inboth public and private health services) on treatmentof tobacco related illness, accounting for roughly onefourth of all health spending. India is known as the world capital of oral cancer
If implemented nationwide via strict monitoring andpunitive actions against offenders.Outcome of the ban: Increase in prices – Sachets, earlier available atINR1, are now being sold at 5‐10x making it unviablefor the poor Availability has decreased significantly, restrictingaccess to vulnerable groups like women and children.
Manufacturers and sellers are resorting to newer tricks to selltheir products. In the North‐East, gutkha factories are found to operate outof trucks In states like Maharashtra and Gujarat, raw materials ofgutkha are being sold in separate pouches to customers (onepouch with supari mix and the other ‘zarda’ pouch containinggutkha) since these do not qualify as food products containingtobacco; the ban can thus be easily evaded. Also, as the ban is not effective pan India, gutkha from states(where it is not banned) is being smuggled to states where it isbanned through private vehicles.
The ban can be effective in Though Maharashtra has A ban in Kerala is proving to practice only if the Union banned gutkha and paan be ineffective as government puts a blanket masala, since it is easily neighbouring state ban on production, sale, available in other (Karnataka) has not yet marketing and storage ofstates, gutkha finds its way enforced the ban tobacco products, paan to the state rather freely. masala and gutkha.
• Gutkha use may lead to throat cancer• 80% of all oral cancer cases are due to the consumption of tobacco products like gutkha, pan masala, betel quid with tobacco, and khaini.
• Statistics show that 26% of adults above the age of 15 years consume oral tobacco as compared to 14% who smoke. Among women, 18% consume oral tobacco as compared to 2% who indulge in smoking. State % of Customers below 15 years of age Odisha 38 Assam 36.6 Chhattisgarh 32.5 Jharkhand 24.1 Bihar 22.5 Uttar Pradesh 21.0 Madhya Pradesh 18.9 Uttarakhand 8.8 Rajasthan 6.9
Against Gutkha Gutkha contains at least 28 known carcinogens andat least 30 metallic compounds comprising of heavymetals. Pycnogenol in cigarette filters scavenges freeradicals and reduces mutagenicity and toxicity oftobacco smoke. This makes gutkha more harmful ascompared to cigarettes.
Cigarette makers especially, the low endmanufacturers may benefit May not be huge as this is a visible form ofconsumption and there is not much duplication inconsumer base
1975 ‐ Cigarettes (regulation of production, supplyand distribution) Act came into force 1990 ‐ Central government issued directiveprohibiting smoking in public places, banned tobaccoadvertisements on national radio and TV channels
1999 ‐ Ministry of Railways banned sale of cigarettesand bidis2001 ‐ Supreme Court of India mandated a ban onsmoking in public places.
History of Cigarette Control in India 2008: Revised smoke‐free rules implemented thatdefined public places and identified peopleresponsible for maintaining smoke‐free work places 2009: Pictorial warnings (scorpion and damagedlungs) were made mandatory for all cigarettepackaging