PIL filed in Bombay HC against 'gutka mafia'

A Mumbai-based activist and journalist has filed a PIL in the Bombay High Court seeking directions to the government to form a Special Investigation Team (SIT) to launch a crackdown on the ‘gutka mafia’ and stop the sale of gutka, paan masala, flavoured supari and flavoured tobacco banned substances in Maharashtra.

According to Dharmendra Nigam, the petitioner, who is a resident of the Vasai suburbs of Mumbai, not curbing the sale of gutka, paan masala, flavoured supari, and flavoured tobacco banned substances is causing serious health problems to the citizens and the same is a clear cut violation of Article 21 of the Constitution of India.

The petition, filed through Advocate Narendra Dubey, is expected to be heard in the weeks ahead.

The respondents in the PIL are State of Maharashtra, Chief Minister Eknath Shinde, Deputy Chief Minister and Home Minister Devendra Fadnavis, Health Minister Dr Tanaji Sawant, Food and Drug Administration Minister Sanjay Rathod, Chief Secretary, Director General of Police, Mumbai Police Commissioner, and Commissioner of FDA.

The PIL states: “The sale of gutkha, paan masala, flavored supari and flavored tobacco in the state of Maharashtra which is deteriorating the health condition of the citizens and increasing the cases of cancer at a very alarming rate in the state of Maharashtra. Further, the government machinery is helping in sale and distribution of banned production through a well organised mafia.”

According to the petition, Maharashtra is losing a huge amount of revenue and the illegal trade is increasing hawala and money-laundering transactions.

Dwelling further on the ill effects, Nigam said tobacco is the only consumer product that has no benefits but causes death and disability. “Tobacco causes 90 per cent of lung and oral cancers. The list of tobacco-related diseases is so long and includes heart disease, bronchitis, asthma, impotence, birth defects, and growth retardation in babies,” he said.

“Tobacco smoke contains more than 700 harmful chemicals/toxins and 69 carcinogens including nicotine, tar and other radioactive components. Cigarette smoke consists of components like ammonia, arsenic, carbon monoxide, hydrogen cyanide, DDT, Formaldehyde, etc. which cause many health problems, the most deadly being cancer. Smokeless tobacco contains more than 3,000 chemicals including several that cause cancer. Additionally, it is also a prominent reason for Disability Adjusted Life Years (DALYs) lost,” he pointed out.

The PIL pointed out that a joint report on Tobacco Control in India, the Center for Disease Control and Prevention USA, and the WHO noted and estimated that tobacco use is a serious public health challenge in several regions of the world.