HC dismisses PIL on e-cigarettes

Excelsior Correspondent

Srinagar, Oct 9: High Court today dismissed the Public Interest Litigation on use of e-cigarettes as the Government of India has already enacted a legislation on use, sale and manufacture of e-cigarettes.
The petition was moved before the court by one Mushtaq Ahmed Shah seeking therein that the authorities be directed to allow the use and sale of Electronic Nicotine Delivery Systems (ENDS) or e-cigarettes, if necessary by framing necessary regulations for this purpose.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta while closing the PIL said the prayer made by the writ petitioner appear to have been satisfied as the GoI has enacted a statute called the Prohibition of Electronic Cigarettes Act 2019.
The said Act has also been published in Gazette of India on December 5 last year prohibiting e-cigarettes. It was pleaded that a committee be constituted with expert panel to conduct a proper research/study/analysis of ENDS and thereafter formulate rules and regulations for use and sale e-cigarettes.
The petition states that the conventional cigarette smoking can easily be eradicated by making use of e-cigarettes which has less harmful effects as compared to tobacco products. The petitioner further states that to enable cigarette smokers like him to switch over to safer methods of nicotine consumption with overall objective of achieving de-addiction the usage of e-cigarettes is seen a first step. The petitioner pleads that it is his sole aim to spread awareness amongst the smokers with regards to alternatives to the use of conventional smoking.