Author: Aditya Sharan, I year of B.B.A.,LL.B. from Symbiosis Law School, Noida
INTRODUCTION
Vaping or using e-cigarettes has become increasingly popular worldwide in recent years, and India is no exception. Vaping involves inhaling and exhaling aerosol, or vapour, produced by an electronic device that heats a liquid (usually containing nicotine, flavourings, and other chemicals). While some people consider vaping a safer alternative to smoking traditional cigarettes, others argue that it can be just as harmful, if not more so.[1] This Blog will examine the use of vaping in India, the current laws governing its use, and the addiction issue. Vaping is inhaling an aerosol produced by an electronic cigarette (e-cigarette) or similar device. E-cigarettes are battery-powered devices that heat a liquid to produce an aerosol that the user inhales. The liquid typically contains nicotine, flavourings, and other chemicals.
Vaping has become increasingly popular in recent years, particularly among young people. In India, the number of people using e-cigarettes has doubled in the past two years.
VAPING IN INDIA
Using e-cigarettes and other vaping products is illegal in India under the Prohibition of Electronic Cigarettes Act 2019.[2] The law was enacted to protect public health and to prevent the spread of vaping among youth. According to the Ministry of Health and Family Welfare, using e-cigarettes has become a "new public health threat" and has the potential to create a new generation of nicotine addicts.[3]
The ban on vaping in India has been controversial, with some arguing that it infringes on personal freedom and others arguing that it is necessary to protect public health. However, the Indian government has taken a firm stance on the issue, with Prime Minister Narendra Modi stating, "E-cigarettes and other such products are not only harmful but also a trap to convert our youth into addicts."
LAWS GOVERNING VAPING IN INDIA
Under the Prohibition of Electronic Cigarettes Act, 2019, any person who produces, imports, exports, manufactures, distributes, or sells e-cigarettes or similar products can be punished with imprisonment of up to three years and a fine of up to Rs. 5 lakhs.[4] The law also prohibits using e-cigarettes in public places and advertising such products.In addition to the Prohibition of Electronic Cigarettes Act, the use of e-cigarettes in public places is also banned under the Cigarettes and Other Tobacco Products Act 2003. Violations of this ban can result in fines of up to Rs. 200 for first-time offenders and up to Rs. 1,000 for repeat offenders.
E-cigarette manufacturers and users in the courts have challenged the Prohibition of Electronic Cigarettes Act 2019. However, the Rajasthan High Court upheld the ban in a ruling in March 2021, stating that "there is no absolute right to do business in harmful products".The laws on vaping in India are complex and constantly changing. However, it is generally illegal to sell or import e-cigarettes in India. It is also illegal for minors to use e-cigarettes.[5]
The Indian government has taken some steps to regulate the use of e-cigarettes. In 2018, the government banned the sale of e-cigarettes to minors. In 2020, the government banned the import of e-cigarettes.The government's decision to ban the sale and import of e-cigarettes was met with mixed reactions. Some people supported the ban, arguing that it would protect young people from the dangers of vaping.[6] Others opposed the ban, arguing that it would deprive adults of a safer alternative to smoking.The debate over the use of e-cigarettes is likely to continue for some time. However, one thing is clear: vaping is a serious public health issue. Vaping can be addictive, leading to several health problems, including lung disease and cancer.
ADDICTION AND VAPING
One of the main concerns about vaping is its potential for addiction. E-cigarettes contain nicotine, which is highly addictive and can lead to physical dependence. Nicotine is also known to affect young people's brain development negatively.A study conducted in 2019 found that around 1 in 10 Indian teenagers have tried e-cigarettes, with many stating that they were attracted to the different flavours available.[7] The study also found that e-cigarette use was more common among students who had tried smoking cigarettes or bidis.According to a 2022 “National Survey on Drug Use and Health”, 1.8% of adults in India use e-cigarettes.[8] The use of e-cigarettes is controversial. Some people believe that vaping is a safer alternative to smoking traditional cigarettes. Others believe that vaping is just as harmful as smoking and can lead to addiction and other health problems.
While some argue that vaping can be an effective tool for smokers trying to quit, others point out that e-cigarettes can lead to nicotine addiction and may even serve as a gateway to smoking traditional cigarettes. The Indian government has taken a firm stance against vaping, citing the potential for addiction and the lack of long-term research on the health effects of e-cigarettes.
HOW CAN I QUIT VAPING?
If you are addicted to vaping, several resources are available to help you quit. You can talk to your doctor, a therapist, or a support group. Some online resources[9] can help you quit vaping.Quitting vaping is not easy, but it is possible. You can overcome your addiction and live healthier lives with proper support.
CONCLUSION
The use of vaping in India has been on the rise in recent years, especially among young people. However, the Indian government has taken a firm stance against vaping, implementing laws to prohibit its use and sale in order to protect public health and prevent the spread of nicotine addiction. The Prohibition of Electronic Cigarettes Act, 2019[10], imposes severe penalties for the production, distribution, and sale of e-cigarettes, as well as the use of these devices in public places.
The ban on vaping has been a subject of controversy, with arguments for personal freedom conflicting with concerns about public health. Despite legal challenges, the ban has been upheld by the courts, highlighting the government's commitment to curbing the use of e-cigarettes.
Nicotine addiction is a significant concern associated with vaping. E-cigarettes contain nicotine, a highly addictive substance that can lead to physical dependence and negatively impact brain development, particularly in young individuals.[11] The availability of various flavors has contributed to the appeal of vaping, especially among teenagers.
While some debate the potential benefits of vaping as a smoking cessation tool, the lack of long-term research on the health effects of e-cigarettes raises concerns about their safety. As such, the Indian government emphasizes the need to protect individuals from addiction and the potential harm caused by vaping.
For those struggling with vaping addiction, it is essential to seek support and resources to quit. Healthcare professionals, therapists, and support groups can provide assistance and guidance in overcoming addiction. Online resources are also available to help individuals quit vaping and lead healthier lives. The issue of vaping in India is a complex one, encompassing public health, personal freedom, and addiction concerns. The government's ban on vaping reflects its commitment to safeguarding public health, particularly among young people. While the debate surrounding vaping continues, it is important for individuals to access support and resources to quit vaping and improve their overall well-being.
[1] Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867
[2] (National Tobacco Control Programme - NHP) accessed 15 May 2023
[3] (ICMR guidelines for - indian council of medical research) accessed 15 May 2023
[4](National Tobacco Control Programme - NHP) accessed 15 May 2023
[5]2022 SCC OnLine Raj 2558
[6] Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867
[7]Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867
[8] ‘National Survey on Drug Use and Health’ (SAMHSA.gov) accessed 15 May 2023
[9] ‘Find Addiction Treatment Centres & Helpline Numbers in India’ (Find Addiction Treatment Centres & Helpline Numbers in India | Indianhelpline.com) accessed 15 May 2023; ‘How to Quit Smoking’ (Centers for Disease Control and Prevention, 6 March 2023) accessed 15 May 2023
[10](National Tobacco Control Programme - NHP) accessed 15 May 2023
[11] Daniel Givelber, 'Cigarette Law' (1998) 73 Ind LJ 867