Terming the Food Safety Commissionarate’s November 24 circular on strict enforcement of the ban on flavoured chewing tobacco, gutka, and pan masala containing tobacco or nicotine as “incorrect”, the Health Department is now exploring legal options on the possibilities of correcting certain clauses from the circular that can weaken the ban.
According to documents with The Hindu , one of the tobacco manufacturers submitted a representation to Health Minister K.R. Ramesh during the Belagavi session of the State legislature and requested to him the clauses 8(a) and 8(b) of the November 24 circular be deleted.
Argument
While clause 8(a) states that the designated officers should submit reports on the implementation of the ban order to the Joint Director (Food Safety) on the number of chewing tobacco manufacturing units that have been closed, clause 8(b) says that the officers should submit reports on the quantity of chewing tobacco being confiscated or seized.
“These clauses make an impression that we should stop manufacturing chewing tobacco and accordingly the officers are implementing it,” the representation said, requesting that the clauses be deleted.
Minister’s note
In fact, the Health Minister has also put up a note on the representation to the Principal Secretary (Health and Family Welfare) that “if the circular is incorrect, it has to be set right.”
However, the Minister said that the government would not go back on its word and would definitely keep in mind the health of the people. Depending on the legal opinion, we would take a call, he added.
Worried over the government’s U-turn, anti-tobacco activists alleged that the State was deliberately undermining the fight against tobacco by not enforcing the ban. Karnataka, which is one of the 15 States where chewing tobacco has been banned, will cut a sorry figure now, they said.
“Deleting these clauses will defeat the very purpose of the ban order keeping it only on paper. We will challenge the government’s move,” said K.V. Dhananjay, Supreme Court advocate who is arguing for Cancer Patients Aid Association, the petitioner in the Karnataka High Court.
‘Unfortunate move’
“The government’s move is unfortunate, considering the public health impact and the devastating effects of chewing tobacco on young lives in the State. Rather than having health schemes would it not be wiser to have preventive health,” he said.
This especially after both the Karnataka High Court and the Supreme Court were informed that this ban would be rigorously enforced throughout Karnataka to prevent further deaths, disease and suffering, Mr. Dhananjay pointed out.