Firm says decision to ban e-cigarettes 'discriminatory', challenges it in Calcutta HC

A city-based electronic cigarette wholesale company on Thursday moved the Calcutta High Court challenging the Centre's decision to ban such alternative smoking devices, terming it is arbitrary, discriminatory, excessive and drastic.

Senior counsel Abhishek Manu Singhvi claimed before Justice Arindam Sinha that the ban violates fundamental rights guaranteed under Article 14 (Equality before law), 19 (Protection of rights) and 21 (Protection of life and personal liberty) of the Constitution.

He submitted that the government's decision to ban production, import, export, transport, sale or advertisements of alternative smoking devices was discriminatory since these are less harmful while sale and advertisements of combustible tobacco products like cigarettes, cheroots and bidis, which are far more harmful to health, continue with certain restrictions.

While advertisements of these products are banned, these cannot be sold near schools or to minors.

E-cigarettes have a negligible quantity of carcinogen, whereas combustible tobacco products have a much higher carcinogenic material, he submitted.

Singhvi sought an interim order by the court, stopping any ban by the government on the alternative smoking device till disposal of the petition.

He claimed that e-cigarettes actually help smokers give up smoking cigarettes, by switching to this less harmful product.

Justice Sinha adjourned hearing in the matter till Monday, when the counsel for another e-cigarette wholesale company will make submissions challenging the government's decision.

The lawyer for the central government will make submissions against the prayer for an interim order by the first petitioner on Tuesday, Justice Sinha directed.

The government had on September 18 decided to ban e-cigarettes for which an ordinance was cleared making the production, import, export, transport, sale or advertisements of such "alternative" smoking devices a cognisable offence attracting jail term and fine.

First-time violators will face a jail term of up to one year and a fine of Rs 1 lakh. For subsequent offences, a jail term of up to three years or a fine of Rs 5 lakh, or both have been prescribed, Finance Minister Nirmala Sitharaman, who headed a Group of Ministers (GoM) on the issue, had announced.

Storage of e-cigarettes shall also be punishable with imprisonment up to six months or fine of up to Rs 50,000 or both.