• Ban on zarda

Actually I want to know why chewing of tobacco is banned only by food sources,why not cigarettes, liquor,bars,cool drink's,kurkure,etc plenty of more products r there in India. which every person knows they r not good for health
No one can say that ,kurkure is good for health,cigarettes is good for health,even every one knows that lurkers and cool drink's mostly taken by kids ,I meen under age and companies are playing with their health ,and for matured guyz who know what is good and what is bad for their health the govt is banning it for them ,when it clearly written and printed on sacets u will get cancer,than it's his choice wheather to go for it r not, he had the sense of taking everything is going for limit is OK. if over limit even Rice is also harmful for health,
Rules r rules for everyone
If tobacco is harmful than ban everything like ,cigarettes,cool drink's,kurkure ,ice-cream,liquor
Asked 7 years ago in Business Law

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9 Answers

the government banned the sale, purchase and storage of all forms of chewable tobacco: scented, flavoured and mixed, sold in forms such as gutka, pan masala, khaini and zarda for a year as these products damage public health.

2) the ban was imposed following SC directions to all states to ban these items

3)there is no ban imposed by courts on sale of cigarettes , cold drinks , ice cream

4)sale of liquor , cigrattes is highly regulated in India

5) sale of liquor is banned in many states in India

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

This is the policy decisions of the Government of INDIA.

However you being the citizen of this country can question this decisison of the Government in your own wisdom for which you will have to file the Public Interest Litigation in high curt or the supreme court seeking declaration ofthe Act as ultra vires of the Constitution.

Please note that if there was no arbitrariness in banning the tobacco product then the High court or the supreme court donot intervene in policy decisions of the government.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Bureau of Indian Standards and FPO mark like agencies are established under various departments which ensures that the products like cool drinks, fried packed eatables, biscuits, chips, ice cream, liquor and other products passes through the standards prescribed for human consumption and on some products it is specifically mentioned that this products are not for children.

consumption of tobacco or liquor are statutorily banned for children but unfortunately its an optional for adult.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Which more harmful when compared to other item it can be banned. King can do no wrong. You may seek ban of other food item by filing a PIL and establishing that they are more harmful than tobacco.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

Hello,

You are right when you say this. However, you may also note that gutkha and liquor are the state subject as per list VII of the constitution of India, hence they are regulated by individual state as a matter of policy.

However, you being the citizen of India has the liberty to file a PIL in the SC of India and demand ban on other items which are being sold in the market. If you are able to prove with data that these items (as stated by you in the question) are harmful for the health of the citizens then I am hopeful that the SC will intervene and will direct the government to take appropriate action.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The tax collected from sale and distribution of tobacco garners very high revenues for the State.

The is the reason why state government's lack the political will to impose a complete ban on manufacturing, distribution, sale and consumption of tobacco and related products.

The warning you see on a cigarette pack and other tobacco products is mandated in terms of the Cigarettes and Other Tobacco Products. (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

All in all you have raised a good issue and which could be further escalated in a public interest litigation.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Hi, you can file a writ in Supreme Court , for your concern .. The supreme court has the power to hear the petitioner and pass a subsequent order in its discretion

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Your idea is good, you can fight for the social cause but please gather support from like minded people, to create awareness among public about the harm that these products.

You may even contemplate to file a PIL on this.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

It is govt. Policy

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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