The Delhi High Court has lifted the ban on the manufacturing, storage and sale of gutkha, pan masala flavoured and other such products in the capital region. The court stated that the authorities have exceeded the power vested in them.
Justice Gaurang Kanth invalidated the ban notifications that the Delhi Government’s Food Commissioner had issued between 2015 and 2021, stating that while he was aware of the detrimental effects and numerous diseases brought by tobacco use, both smokeless and smoking, but the issue of law could not be resolved solely based on public sentiments.
“In addition to the ill-effects of smokeless tobacco pointed out by the respondents, this court is of the view that tobacco, in any form is injurious to public health and this court accordingly condemns and discourages the use of any form of tobacco. Public health is one of the most important parts of society and therefore, it is necessary to take all steps to preserve the same in all possible manners,” the judge said in his ruling passed on Tuesday. The order was uploaded on the court website on Wednesday.
The judgement is a result of a batch of petitions filed by those engaged in the lawful manufacture, trade, distribution and sale of scheduled tobacco products, more particularly chewing tobacco, both flavoured and scented.
To protect the public’s health, the Delhi government issued several notifications that were contested by the petitioners. These notifications forbade the production, storage, distribution, or sale of gutka, pan masala, flavoured or scented tobacco, and similar products for a year across Delhi.
The petitioners claimed that the notifications violated their fundamental rights, were arbitrary, and went beyond the scope of the Food Safety and Standard Act (FSSA).