E-CIGARETTES TO BE BANNED- LOK SABHA UNANIMOUSLY APPROVES THE PROHIBITION Shajeeda Tajdeen LAW CRITIQUE Thu, Nov 28, 2019, at ,07:15 AM The Lok Sabha on Wednesday 27/11/2019, unanimously by voice vote passed the ‘Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019’. As the name suggests the bill forbids the production, manufacture, import, export, transport, sale, distribution, storage, and advertisement of e-cigarettes and all the devices which are similar to it, by classifying them as cognizable offenses. The ordinance which was promulgated by the Centre on this behalf will be replaced by this act. The Bill opines to be of importance from the point of view of WHO (WORLD HEALTH ORGANIZATION) Framework Convention on Tobacco Control, 2003, to which India is a signatory. It was contended and agreed that e-cigarette results in dreadful diseases such as lung cancer, cardiovascular diseases, and serious life-threating illnesses. WHO had asked all its signatories to the framework to think about prohibiting the use of e-cigarettes in their respective countries. Apart from this, the Indian Council of Medical Research had also proposed a total ban on e-cigarettes along with all other Electronic Nicotine Delivery Systems. The bill was introduced by Union Health Minister Dr. Harsh Vardhan and it sets forth that any person who violates the law for the first time will face imprisonment of up to one year or a fine of up to one lakh rupees, or both. And in case of subsequent violation, the term of imprisonment shall exceed a maximum period of three years and fine shall extend to a maximum of five lakh rupees. Along with this the Bill also punishes the storage of e-cigarettes with a jail term of maximum six months or a fine of up to Rupees fifty thousand or both. Once the bill comes into force all the owners and possession holders of e-cigarettes will have to reveal and deposit their stocks at the nearest office of an authorized officer. The Bill empowers officials to conduct search and seizure without a warrant, in cases of suspicion of contravention of the law. Not only this the bill further authorizes them to attach the properties, stocks of e-cigarettes or records maintained by the producer, manufacturer, transporter, exporter, importer, stockist against whom the complaint has been made. While the bill was being discussed in the Lok Sabha many members were of the view that tobacco itself should be banned to assure that the citizens live a healthy life. Ritesh Pandey, BSP MP stated that the ban on tobacco will not only help citizens in living a healthy life but it will also favor the farmers because most farmers are forced to cultivate tobacco which is a very expensive crop. He went on to state that the government should focus more on eradicating the root cause of the problem. Subsequently, he also added that the government should not ban the "export" of e-cigarettes, in lieu of foreign exchange and employment opportunities attached to it. INC MP Adhir Ranjan Choudhury highlighted the fact that almost 3% of the total population of the country smokes e-cigarettes. The members who validated the Bill were of the view that it was important to ban e-cigarettes because its aesthetic made it difficult to detect it, at first sight, making it easier for children to own and carry it. Dr. Harsh Vardhan further stated that as many as 150 schools going children were found to be in possession of vaping devices during a surprise check in a school in the capital (Delhi). The Bill will now be moved for consideration before the Rajya Sabha. The banning of e-cigarettes is a well-applauded move which will benefit the present and the future generation to a great extent. Apart from this, the government should also consider banning the core problem of cigarettes by prohibiting the production, manufacture of tobacco entirely because cigarettes whether electronic or not is a threat to the life of the citizens.