LAW RESOURCE INDIA

Tobacco in plastic pouches: Supreme Court rejects plea

Posted in ENVIRONMENT, SUPREME COURT by NNLRJ INDIA on February 18, 2011
Gutka pouches

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J. Venkatesan in THE HINDU

New Delhi: Taking note of the report that 86 per cent of the oral cancer in India was caused by tobacco products, the Supreme Court on Thursday rejected the plea of various gutka, pan masala and chewing tobacco manufacturing companies for postponement of the December 7, 2010 order banning the use of plastic as packaging material for their products from March 1 this year.

A Bench of Justices G.S. Singhvi and A.K. Ganguly rejected the request of senior counsel Ram Jethmalani, P.H. Parekh, Abhishek Singhvi and others seeking stay on the Rules notified by the Centre to regulate the use of plastic packets for gutka and other tobacco products on the ground that these rules were unconstitutional.

Counsel wanted the ban order effective from March 1 to be extended till the court decided on the validity of the rules.

The Bench, while issuing notice to the Centre, however, refused to stay the rules or extend the time limit for enforcement of the ban. The Bench posted the matter for further hearing on April 13.

On December 7, 2010, the Bench during the hearing of a batch of petitions filed by manufacturers of tobacco products, challenging a Rajasthan High Court order upholding such a ban in the State, ordered a ban on the sale of tobacco, gutka and pan masala in plastic pouches from March.

The court had asked gutka manufacturers to shift to non-plastic packaging after March.

In compliance with rules

Earlier Solicitor-General Gopal Subramaniam submitted that the Centre had complied with the December 7 order and had notified the Rules. He said the National Institute of Public Health had submitted a comprehensive report on the harmful effects of gutka, tobacco and pan masala.

According to the report, 86 per cent of the oral cancer in India was caused by tobacco products and many school students had become victims of tobacco chewing.

“Discriminatory”

Pan masala manufacturers, in an application, assailed the rules contending that they were arbitrary and discriminatory as they had singled out sellers/distributors engaged in the trade of pan masala, gutka and tobacco products without any reasonable basis.

Their right to carry on trade had been affected because of the rules, the application said and sought a direction to quash them and an interim stay of the operation of the rules.

7 Responses

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  1. Venkatesh P. Dalwai said, on February 19, 2011 at 21:15

    Plastic is eating up the enviornment of the country. Infact SC should contemplate tobbacco products to be banned. What kind of discrimination can be alleged for imposing ban on plastic covers. Gutka companies can as well invent dissolvable cover. There can not equality in dangarous things.

  2. shabbir from sagar said, on March 4, 2011 at 13:09

    supreemcourt judgement ghutka plastic paking ban why not also baned sigrates that is most dengorus smoking to iinjous health

  3. govind kachhwal said, on March 16, 2011 at 19:36

    Government should PUT BAN On TABACCO & GUTKA Not Only on Plastic Pouches.there are many alternatives for packing gutka & tabacco.Puting ban on plastic is not enough,it’s only the show Bussiness of Supreme court.supreme court have taken rubbish decesion.

  4. lokesh sharma said, on April 3, 2011 at 20:18

    the decision of supreme court is stuff wrong, why supreme court ban on tobacco & gutkha,& supreme court should also take action for whiskey,rum,bear. i think these thinks are very-2 injurious to health,so my decision that supreme also ban on these things immediately

  5. ravi rredkar said, on May 7, 2011 at 08:54

    total sale should be banned

  6. mohit said, on September 27, 2011 at 11:13

    Before banning gutkha supreme court should give some other alternative to the manufacturer and the people who are attach with this trade and should also consider to ban cigarettes,whiskey,bear and other products.

  7. shubham said, on September 27, 2011 at 13:34

    the people whose livinghood is related to tobacco industry,what they will do.?


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