Bill to ban e-cigarettes gets Rajya Sabha nod; Opposition flags concerns

Lawmakers demanded that government should issue an explanation on why it chose the Ordinance route for the ban.

The Rajya Sabha on Monday passed the bill that seeks to prohibit the production, trade, transport, storage and advertisement of electronic cigarettes in the country, with a voice vote. Opposition members, however, questioned the government’s decision to bring an Ordinance on the issue and not extend the ban to include cigarettes and other tobacco products.

The bill defines e-cigarettes as devices, which may contain nicotine and other chemicals, to create vapour for inhalation. It provides for imprisonment of up to one year, or a fine of up to Rs 1 lakh, or both, to a first-time violator. (HT File)

During the discussion on the passage of the Prohibition of Electronic Cigarettes Bill, 2019, which was passed in the Lok Sabha last month, the Opposition also questioned why the bill does not make any reference to the action that will be taken for “possession and use” of e-cigarettes.

Keshava Rao of the TRS said the government should issue an explanation on why it chose the Ordinance route for the ban. The government should explain what “the loss” would have been if a bill would have been introduced. Similar concerns were raised by DMK and CPM. The government had issued the Ordinance to ban e-cigarettes in September.

Union health minister Harsh Vardhan said the decision was “taken with very pious intention and there was no vested interest”.

He refuted concerns that the bill was introduced after pressure from the tobacco lobby.

The bill defines e-cigarettes as devices, which may contain nicotine and other chemicals, to create vapour for inhalation. It provides for imprisonment of up to one year, or a fine of up to Rs 1 lakh, or both, to a first-time violator. For subsequent offence, the crime will be punishable with an imprisonment of up to three years, with a fine of up to Rs 5 lakh.

Praveen Rikhy, convenor, Trade Representatives of Electronic Nicotine Delivery Systems (TRENDS), said in a statement: “We, at TRENDS, are happy that our questions and queries, which were ignored by the Ministry, were put forth in both houses of Parliament, by MPs, across party lines. However, given the brute majority, the bill is being bulldozed in the Parliament by the ruling party, without regard to the norm of the Minister answering the pertinent questions raised by the Members of Parliament.”