If Ban on gutka is justified then why the same should not be imposed on cigarettes

2. Group 8

3. 1. If Ban on gutka is justified then
why the same should not be
imposed on cigarettes
2. Novation and alteration in
terms of contract - Eg. DLF Blair

4.  Gutka is a preparation of crushed areca nut (also
called betel nut), tobacco, catechu, paraffin, slaked
lime and sweet or savoury flavourings.
 Manufactured and
Exported
 A mild stimulant
 Sold across India
 Small, individual-sized
packets that cost between
2 and 10 rupees per packet.
 Consumed much like
chewing tobacco

5. Gutkha use
can begin at a
very young
age.
Social custom does not Due to its often
permit children to flavourful taste, easy
smoke so eventually availability and
becomes another habit cheapness
tough to quit.
Exhibit
Symptoms of
precancerou
cancer appear
s lesions at a
by high school
very early
or college
age as a
age.
result.
In 2008, about 5 million children under 15 were addicted to gutkha. A survey in Uttar
Pradesh and Madhya Pradesh found precursors of mouth cancers in 16% of the children

6. Highly addictive and a known carcinogen.
Lead to loss of appetite, promote
unusual sleep patterns, and loss of
concentration.
Prominently stained teeth ranging from
dirty yellowish-orange to reddish-black.
Generally spat onto a wall or at the
ground, causing an unsightly red stain
that is quite resistant to the elements.
More than 2,500 people in our country
die every day due to diseases caused by
tobacco and its related products.
Cancer to a person devastates his family
as all savings are spent on the treatment
of the disease.

7. Several states of India have banned the sale, manufacture, distribution and
storage of gutka and all its variants.
Banned under centrally enacted Food Safety and Regulation (Prohibition) Act 2011.
Pseudo permanent ban.
Enforced by the state public health ministry, the state Food and Drug
Administration and the local police.
Enforcement of the law is somewhat lax.
Provisions of imposing fines up to 25000 on selling of products that are injurious
to health.

8.  The consumer base of tobacco in India stands at
34.6% of all adults (with cigarette share being 5.7%)
while 75% of Indian tobacco consumers use
non‐smoking tobacco products such as gutkha and
paan masala.
 The gutkha market in India is worth
INR150bn ‐ INR 200bn. Sachets of several brands are
sold through paan shops thus easily accessible to
everyone.

10. A Supreme Court
ruling states that
since pan
masala, gutkha and
Gutkha is proved to
supari are eaten for
contain carcinogens
taste and
nourishment, they
are all considered
food.
Rule 2.3.4 of the
Food Safety and Subsequently various
Standards states have banned
(Prohibition and the
Restrictions on Sales) sale, manufacture
Regulations, 2011. and distribution of
under centrally gutkha
enacted FSR act 2011

12.  India has the highest prevalence of oral cancer
globally, with 75,000 to 80,000 new cases being
reported every year.
 Nearly 80% of all oral cancer cases are due to the
consumption of tobacco products like gutkha, pan
masala, betel quid with tobacco, and khaini.
 India spends approximately INR300bn annually (in
both public and private health services) on treatment
of tobacco related illness, accounting for roughly one
fourth of all health spending.
 India is known as the world capital of oral cancer

13. If implemented nationwide via strict monitoring and
punitive actions against offenders.
Outcome of the ban:
 Increase in prices – Sachets, earlier available at
INR1, are now being sold at 5‐10x making it unviable
for the poor
 Availability has decreased significantly, restricting
access to vulnerable groups like women and children.

14. Manufacturers and sellers are resorting to newer tricks to sell
their products.
 In the North‐East, gutkha factories are found to operate out
of trucks
 In states like Maharashtra and Gujarat, raw materials of
gutkha are being sold in separate pouches to customers (one
pouch with supari mix and the other ‘zarda’ pouch containing
gutkha) since these do not qualify as food products containing
tobacco; the ban can thus be easily evaded.
 Also, as the ban is not effective pan India, gutkha from states
(where it is not banned) is being smuggled to states where it is
banned through private vehicles.

15. The ban can be effective in
Though Maharashtra has
A ban in Kerala is proving to practice only if the Union
banned gutkha and paan
be ineffective as government puts a blanket
masala, since it is easily
neighbouring state ban on production, sale,
available in other
(Karnataka) has not yet marketing and storage of
states, gutkha finds its way
enforced the ban tobacco products, paan
to the state rather freely.
masala and gutkha.

18. Gutkha or Cigarette

19.  Invisible form of tobacco consumption

20. • Gutkha use may lead to throat cancer
• 80% of all oral cancer cases are due to the
consumption of tobacco products like
gutkha, pan masala, betel quid with
tobacco, and khaini.

21. • Statistics show that 26% of adults above the age of 15 years consume
oral tobacco as compared to 14% who smoke. Among women, 18%
consume oral tobacco as compared to 2% who indulge in smoking.
State % of Customers below 15 years of age
Odisha 38
Assam 36.6
Chhattisgarh 32.5
Jharkhand 24.1
Bihar 22.5
Uttar Pradesh 21.0
Madhya Pradesh 18.9
Uttarakhand 8.8
Rajasthan 6.9

22. Against Gutkha
 Gutkha contains at least 28 known carcinogens and
at least 30 metallic compounds comprising of heavy
metals.
 Pycnogenol in cigarette filters scavenges free
radicals and reduces mutagenicity and toxicity of
tobacco smoke. This makes gutkha more harmful as
compared to cigarettes.

23.  Cigarette makers especially, the low end
manufacturers may benefit
 May not be huge as this is a visible form of
consumption and there is not much duplication in
consumer base

24.  1975 ‐ Cigarettes (regulation of production, supply
and distribution) Act came into force
 1990 ‐ Central government issued directive
prohibiting smoking in public places, banned tobacco
advertisements on national radio and TV channels

25.  1999 ‐ Ministry of Railways banned sale of cigarettes
and bidis
2001 ‐ Supreme Court of India mandated a ban on
smoking in public places.

26. History of Cigarette Control in India
 2008: Revised smoke‐free rules implemented that
defined public places and identified people
responsible for maintaining smoke‐free work places
 2009: Pictorial warnings (scorpion and damaged
lungs) were made mandatory for all cigarette
packaging

27.  It is not classified as a food item:

28. Why not Feasible
 Major Source of Revenue:
 Non‐cigarette tobacco products account for 85% of the tobacco
consumption in India, but contribute only 15% as taxes on
tobacco

29. Why not Feasible
 Less Harmful than Gutkha
 Not banned anywhere in the World

30. Suggested Action
 Increase net of Tobacco taxes:
 Bidis have a maximum tax of only 9%
 Taxes based on length

31. Suggested Action
 Studies of price elasticities in India find that a 10%
increase in tobacco prices is estimated to reduce bidi
consumption by 9.1% and cigarette consumption by
2.6%.

32. Suggested Action
 Simplify and Strengthen Taxation:
 38 different taxes making collection difficult
 Adjustment for inflation

33. Suggested Action
 Earmarking as a means of supporting additional
tobacco control efforts
 To support a comprehensive tobacco control effort and other
social and public health programmes.

34. Suggested Action
 Plain Cigarette Packaging Law
 Impact the desirability of smoking to some extent

35. Suggested Action
 Introduce Ad Valorem tax
 Plan to introduce ad valorem component of 10 per cent to the
existing specific rates