Kerala has banned pan masala and gutkha containing tobacco and nicotine under the Food Safety and Standards Act, 2006 with effect from 22 May 2012. The Hon'ble Kerala High Court has also upheld the ban.But still doubts linger.
Given below are some FAQs and answers compiled by Dr Pankaj Chaturvedi, Head and Neck Cancer Surgeon, Tata Memorial Hospital, Mumbai. Dr Chaturvedi has also been honoured with World Health Organisation Director’s Recognition Award (South-East Asia region) for initiating a campaign to ban tobacco products in India.
Why is gutka Banned and bidi/cigarette are still there?
As per law (FSSAI regulation 2.3.4), gutkha is a prohibited FOOD substance and state governments have no option but to enforce that. Bidi and cigarette are tobacco products but there is no constitutional provision to prohibit them. Bidi and cigarettes are regulated under COTPA with intention to remove tobacco from society.
Is the ban necessary?
Under section 2.3.4, Manufacture/Storage/Sale of gutkha and Pan Masala is prohibited. In case of violation, arrest is the punishment. This basically turns a profitable industry into an illegal industry! Eventually people will lose interest in gutka/Pan Masala business. It will also decrease free and cheap availability especially for kids. In states with ban, the consumption has gone down dramatically in matter of few months.
Which other states have done it?
Apart from Maharashtra, Madhya Pradesh, Bihar, Kerala, Himachal Pradesh, Rajasthan, Chhattisgarh, Jharkhand, Chandigarh, Haryana, Punjab, Sikkim, Delhi. Public Interest Litigations (PILs) have been filed in UP, West Bengal, Andhra Pradesh and Karnataka urging the state governments to ban it.
Has the ban in these sates been challenged in respective high courts?
Gutka/Pan Masala Industry filed writ petitions in the High Courts of Maharashtra, Rajasthan, MP, Bihar and Kerala for stay on the ban. All the High Courts have upheld the ban and declared it constitutionally valid . Delhi high court ordered the Delhi government to enforce ban in two weeks.
Why is Pan Masala banned in Maharashtra even though it does not contain tobacco?
a. It contains supari that causes cancer and several illnesses.
b. Supari is addictive
c. Gutkha Industry sells gutka under the name of pan masala
d. Pan masala glamorises supari as a mouth freshener.
What about smuggled Gutkha?
It is a genuine problem as long as gutka ban isn't enforced all over India. It is sad that all state governments are failing to enforce a central law. Smuggled gutka is only available to hard core addicts and not to kids/youth or first time users.
What about black market availability?
This pushes the cost of Gutka/Pan Masala 5-6 times its retail price. This increase in price causes -
- decrease in consumption among addicts
- no free availability for kids and youth who are not addicted.
- reduced over all availability in the market that adversely the profitability of this business.
Do we have infrastructure to enforce ban? Why Maharashtra is better?
Maharashtra is one of the states that has engaged to Police to enforce the ban. It seems it will be an additional support to FDA.
What happens after one year?
The ban on gutkha is permanent (section 2.3.4).
What are the health effects of smokeless tobacco?
- Highly addictive with dismal quit rates of 5%.
- International Agency for research on Cancer, World Health Organization has classified Smokeless tobacco as confirmed cancer causing substances.
- Contains 3095 chemicals and 28 well proven carcinogens
- Causes severe impairment of the oral and dental health
- Strongly associated with precancerous lesions and cancer of mouth that is a leading cancer in India.
- Apart from mouth cancers, smokeless tobacco usage is associated with cancers of oesophagus, stomach, pancreas, larynx, pharynx and lung.
- It is associated with hypertension and Ischaemic heart disease.
- Its use is associated with increased risk of Stroke.
- It adversely affects reproductive health in women and also seriously affects the foetus.
What are the adverse effects of Areca Nut/Supari/Pan Masala?
- Highly addictive
- Usually taken along with smokeless tobacco
- International Agency for research on Cancer, World Health Organization has classified Arecanut as confirmed cancer causing substances.
- It contains several polyphenols and nitrosamines that are confirmed carcinogenic.
- It causes impairment of oral and dental health.
- Its usage is strongly associated with precancerous lesions and cancer of mouth that is a leading cancer in India.
- Studies have shown association between Supari chewing and cancers of the Liver, oesophagus, stomach and lung.
- Supari use is associated with hypertension and ischemic heart disease.
- Usage of Supari adversely affects reproductive health in women and also affects foetus.
- Supari chewing is associated with diabetes, obesity and several metabolic disorders.
- Supari chewing is associated with causation of certain psychological disorders.
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