Ref: E&R/Press/2004/Gutkha.36/sam-DG

BAN GUTKHA AND PROTECT CONSUMERS FROM ORAL CANCER

Reacting to the decision of the Supreme Court of India on banning Gutkha and Pan Masala under Prevention of Food Adulteration Act, 1954, by States of Maharashtra and Andhra Pradesh, being only temporary, Consumer Education and Research Centre, (CERC) Ahmedabad, urged upon the Central Government and the State Governments of Maharashtra and Andhra Pradesh to immediately take corrective action to protect the health of men, women and children, more particularly children from the most hazardous chewing tobacco product, Gutkha and Pan Masala, nicotine products.

CERC made an observation that the decision of the Supreme Court is only on technical ground that the powers of the State Government under Prevention of Food Adulteration Act to ban any food article is for a short period whereas under the same Act, Central Government can permanently ban such food product. That is to say, the decision of the Supreme Court is not on merits or on substance regarding the hazardous character of the tobacco products, it is only powers of State and Central Government under law on adulteration of food.

The aforesaid decision on technical ground can be corrected by State and Central Governments in a number of ways. Elaborating the representation to the Government, CERC urged upon the Central Government to issue a notification either under Section 23 of the Prevention of Food Adulteration Act where the ban imposed by the Central Government can be permanent.

The Central Government can also exercise the authority under the recent law passed by the Parliament generally called Tobacco Products Control Act, 2003, both the options are fine so far as Central Government is concerned.

CERC alternatively also urged upon the Maharashtra and Andhra Pradesh Governments to have an enactment like Tamil Nadu and other States in India where separate law has been passed by the State legislatures in which event the aforesaid limitation will not come in the way.

Supporting the need for banning Gutkha and Pan Masala technically called chewing tobacco products, the CERC even reiterated the research findings that there are a number of cases where children at the age of 13 or 14 start consuming Gutkha and by the time they are 17 or 18, they become oral cancer patients. This is the most hazardous and dangerous product among all tobacco products. As all of us know, besides cancer being a life threatening disease, even the pain and anguish arising out of oral cancer including earliest disfigurement of the face are the most shocking phenomena that one can imagine.

 

Date : 06/08/2004
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine

 

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CONSUMER EDUCATION AND RESEARCH CENTRE
“Suraksha Sankool”, Thaltej, Sarkhej-Gandhinagar Highway, Ahmedabad- 380 054 (INDIA)
Phone: 079-27489945-46 Fax: 079-27489947
E-mail: cerc@wilnetonline.net
Web Site: http://www.cercindia.org
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