Mumbai: Banned 10 years ago, gutkha, pan masala still easily available

mid-day correspondent Suraj Pandey with the packets of gutkha he purchased from a shop in Borivli West

The ban on gutkha and pan masala has failed to impact the market. Buying these harmful products is a cakewalk with most pan shops having sizable stock. Earlier, after the ban was first implemented in 2012 and thereafter in 2019, shopkeepers would only sell these to regular customers. But as the intensity of checks have since gone down, people trade in these products openly, mid-day found during its test drive on banned products.

For the third and final part of the series on banned items available in the city, mid-day visited pan shops and roadside stalls in different parts of the city and inquired about gutkha and pan masala. This correspondent also inquired about loose cigarettes, which was also banned in September 2020, and found it was available just as easily.

Also read: Mumbai shops openly sell vapes, e-cigarettes despite nationwide ban since 2019

No fear among sellers

The mid-day team first visited a pan shop at Jambli Galli in Borivli West and asked for gutkha. The seller promptly responded, "Do you want the small packet or the big one?" He showed two packets, saying the small one was for Rs 25 while the big one was Rs 50. The correspondent bought a small packet and moved on to other shops.

The scene was the same in the nearby shops, so the team moved to south Mumbai. The situation was even worse here at Crawford Market, where a teenager aged around 17-18 was selling these products.

As part of the test drive, mid-day's Suraj Pandey buys a packet of gutkha in Borivli. Pics/Anurag Ahire

When asked the types and brands of gutkha, he said, "We have all top brands. Manikchand, Sikhar, Vimal, and other brands too." The team bought 4 sachets of Manikchand priced at Rs 10 each. As part of the test drive, this correspondent also purchased a single cigarette from a shop in Borivli West, just 20 metres away from the railway station ticket counter.

Wherever we went, we found that none of these shopkeepers feared stocking these banned products, nor were they making any efforts to hide anything. They were running their business openly. Most of the shopkeepers added that even buyers don't have qualms about shelling out more for the same.

Regulations over the years

Consumption of gutkha and pan masala or other tobacco products lead to cancer and other diseases. Many NGOs and doctors have raised their voices to ban such harmful products citing their effects on the health and wellness of people.

Given the health risks associated with these, the Maharashtra government first prohibited consumption, production, sale, distribution, and storage of gutkha, pan masala, and related products in 2012. This prohibition was further extended in 2019. The state police as well as the Food and Drug Administration have the authority to conduct raids and seize such items.

The state government has made two significant decisions in the past few years addressing cases related to banned tobacco products. Depending on the seriousness of the case, Section 328 of the Indian Penal Code which deals with administering or causing to administer hazardous substances is invoked. The government also mandated that in cases of racketeers dealing with large quantities of these banned items, law enforcing agencies can add the strict Maharashtra Control of Organised Crime Act too.

According to officials, the fact that there is still a supply of gutkha implies two things - that there is a market for it, and that there are a number of openings at the state's border through which trucks carrying these products from states that have no such restrictions can pass.

Further, as per a notification issued on September 24, 2020, the state public health department has imposed a complete ban on the sale of single-stick or loose cigarettes and beedis, The decision is in sync with sub-section (2) of section 7 of Cigarettes and Other Tobacco Products Act, 2003. The move is aimed at ensuring that customers see the graphic health warnings mandated on cigarette packaging.

Impact of tobacco

According to the 2016-17 Global Adult Tobacco Survey, every fourth youth in Maharashtra consumes tobacco. As per the data provided by the Directorate of Health and Services from 2016 to March 2022, around 10 lakh patients with history of tobacco consumption have been registered in hospitals and centres.

Padma Shri Dr Ramakant Deshpande, a surgical oncologist at Asian Cancer Institute, said, "I don't understand why people are buying a whole life's misery just for a few hours of pleasure. Chewing gutkha or any form of smoking, be it normal tobacco cigarettes or e-cigarettes, causes cancer. It also damages the heart. There should be strict implementation of the law. If the banned products are available in the market, then government agencies are lagging or have left loose ends. There should be severe punishments for those who are violating the law."

Recent raids and crackdowns

November 2022: Kalamboli police arrested a 24-year-old man from Roadpali and seized gutkha and flavoured pan masala worth R1.71 lakh. The accused was a supplier to retailers

August 2022: The Anti-Narcotics Cell seized banned gutkha and tobacco products worth Rs 8.93 lakh from a shop in Taloja, Navi Mumbai

March 2022: Begampura police in Aurangabad seized banned pan masala and tobacco products worth Rs 1.8 lakh from two people

March 2021: In a rare conviction under the Food Safety and Standards Act, a 34-year-old Malad-based shopkeeper was sentenced to six months' imprisonment and fined Rs 50,000 after large quantities of gutkha was recovered from his store

February 2021: Police seized banned gutkha worth R11.43 lakh from a truck in Virar

25
Percentage of youth in state who consume tobacco, as per Global Adult Tobacco Survey 2016-17