Cabinet bans e-cigarettes; Rs 1 lakh penalty, imprisonment for first offence

The Prohibition of E-cigarettes Ordinance, 2019, was recently examined by a Group of Ministers (GoM) following directions from the Prime Minister's Office.

New Delhi: The Union Cabinet on Wednesday approved a blanket ban on e-cigarettes in the country with complete suspension of its manufacturing, import, export, distribution and storage.

Addressing the media after the cabinet meeting, Finance Minister Nirmala Sitharaman said the government would pass an ordinance immediately subject to President's approval to give effect to the ban. The government would introduce a bill in Parliament in the winter session, she said.

The Prohibition of E-cigarettes Ordinance, 2019, was recently examined by a Group of Ministers (GoM) following directions from the Prime Minister's Office.

As per the terms of the ban, punishment to be meted out for the first offence by an individual would be a one-year imprisonment or a fine of Rs 1 lakh. Repeat offences could lead to a three-year imprisonment or a penalty of Rs 5 lakh or both, said Preeti Sudan, Secretary, Ministry of Health and Family Welfare.

She said all offences such as import, export and distribution, except storing e-cigarettes and vaping products are cognizable.

The decision comes after demands from several quarters to ban Electronic Nicotine Delivery Systems (ENDS), which includes e-cigarettes, Heat-Not-Burn devices, Vape, e-Sheesha, e-Nicotine Flavoured Hookah, and other similar devices.

The ordinance will have to be replaced with a bill in the next session of Parliament. Once the Parliament approves the bill, the proposed ban on such products will get a legal backing.

Sitharaman said that currently, though no Indian company was manufacturing e-cigarettes, some 400 brands were already operating here offering the product in 150 flavours.

Trade representatives promoting e-cigarettes and a consumer body have questioned the need for rushing through an ordinance to ban such devices in the country and have accused the Centre of trying to "bypass the judicial system" after the Delhi and Bombay high courts stayed the government's move to ban vapes.

Those supporting e-cigarettes are arguing that they are less harmful than smoking tobacco while the government is seeking to ban them contending that they pose health risks similar to those caused by conventional cigarettes.

What is e-cigarettes?

E-cigarettes do not burn tobacco but heats the liquid chemicals into vapour or steam that a person inhales. This is the reason it is also called vaping. E-cigarettes are considered harmful to health.