Parliament has passed Prohibition of Electronic Cigarettes Bill, 2019. The Bill defines electronic cigarettes (e-cigarettes) as electronic devices that heat a substance, which may contain nicotine and other chemicals, to create vapour for inhalation. These e-cigarettes can also contain different flavours and include all forms of electronic nicotine delivery systems, heat-not-burn products, e- hookahs, and other similar devices. It prohibits the production, manufacture, import, export, transport, buy, sale, distribution and advertisement of e-cigarettes in India. No person is allowed to use any place for the storage of any stock of e-cigarettes. Once the Bill comes into force, the owners of existing stocks of e- cigarettes will have to declare and deposit these stocks at the nearest office of an authorized officer. Such declaration can be done by a person who inadvertently comes in the possession of such material. Such an authorized officer may be a police officer (at least at the level of a sub-inspector), or any other officer as notified by the central or state government.
Powers of authorized officers: If an authorized officer believes that any provision of the Bill has been contravened, he can search any place where trade, production, storage or advertising of e- cigarettes is being undertaken. The authorized officer can seize any record or property connected to e- cigarettes found during the search. Further, he may take the person connected with the offence into custody. If the property or records found during the search cannot be seized, the authorized officer can make an order to attach such property, stocks or records. The new law is to be appreciated considering the highly addictive nature of nicotine; safety concern of flavours in combination with nicotine; risk of use of other psychoactive substances through these devices. Initiation of nicotine or psychoactive substances by non-smokers, especially adolescents and youth with scant scientific evidence for use of e-cigarettes as effective tobacco cessation aids there is threat to country’s tobacco control efforts and hindrance in achieving the targets envisaged under Sustainable Development Goals. In overall interest of public health as envisaged under Article 47 of the Constitution of India, the decision has been taken to prohibit/ban e- cigarettes including all forms of Electronic Nicotine Delivery Systems [ENDS), Heat Not Burn Products, e- Hookah and the like devices.
1. Which of the following is true regarding the author’s opinion in the given passage?
(a) New law is a preventive decision. The youngsters are hooked to e- cigarettes and range of Electronic Nicotine Delivery system and the reason being super marketing by a lot of ends selling firms which are now reaching young groups and telling them that it is not harmful. It is for the overall interest of public health of the youth and pregnant women as well.
(b) E cigarettes are designing ends in a way to resemble cigarettes which becomes fashionable for young minds to get hooked. There are no evidences that these are harm reduction devices.
(c) E cigarettes are posing threat to country’s tobacco control efforts.
(d) All of the above
2. Nandan has invented an app called ‘Cigarette Reminder’. It sends the reminder to user like ‘Had your dose of Lung Pollution”; “Puff to die a bit more”; “Your family does not need you, smoke die away” “Keep Smoking Keep Dying”. What would be authors opinion regarding the new app?
a. The author would hate it as she is not cool enough to understand the savage level of this app.
b. The author would favour the app as she considers that tobacco, cigarette control and their harmful side effect are indeed ruining the health of society in general. Even the e cigarettes are not helping the cause of addiction
c. The author would be highly critical of the app as it will still keep reminding the person of his addiction to cigarettes.
d. The author would not be critical of the app as they app would help addresses the concern related to addiction of youngsters only.
3. Let us say the law prohibits any kind of activity or product which directly or indirectly reminds a person of his addiction irrespective of the intended purpose. Which of the following would be true regarding Nandan’s app?
a. Nandan’s app would be against the norm of the law as it indirectly reminds a person of his addiction irrespective of the intended purpose.
b. Nandan’s app would not be against the law as would help addresses the concern related to addiction of youngsters only.
c. Nandan’s app would not be against the law as it will help protect population, especially the youth and children, from the risk of addiction through E- cigarettes.
d. Nandan’s app would not be against the law as it is not appropriate to include this app in prohibited products.
4. Aswath’s friend Risabh informed him that he has ordered something exciting online and it will directly be delivered at Aswath’s home on the day of his birthday. He believes Aswath would definitely like the gift. Unknown to Aswath the gift is a pack of e-cigarettes recently banned by the government? Aswath gets the gift and without opening it keeps it along with his other gifts. Next day Aswath is arrested for the crime of storing e cigarettes? Which of the following would strengthen the case of Aswath?
a. The law does not seem to include cases where unintentional storage is done. It was Risabh who had bought and gave to him without his knowledge.
b. Enforcement of the law in unintentional cases will complement government’s efforts for tobacco control and will help in reduction of tobacco use and reduction in associated economic and disease burden.
c. The WHO has also urged member countries to take appropriate steps including prohibiting these products and their inadvertent storage too
d. The decision to prohibit e-cigarettes will help protect population, especially the youth and children, from the risk of addiction through E-cigarettes. Thus, Aswath must be arrested.
5. Which of the following would weaken the case of Aswath?
a. The decision to prohibit e-cigarettes will help protect population, especially the youth and children, from the risk of addiction through E-cigarettes.
b. Enforcement of the law in unintentional cases will complement government’s efforts for tobacco control and will help in reduction of tobacco use and reduction in associated economic and disease burden.
c. The WHO has also urged member countries to take appropriate steps including prohibiting these products.
d. All of the above.
6. As soon as Aswath realised that he is in possession of prohibited substance. He handed it over to his father. Later the police came and arrested him. Under the given law in the passage which of the following is true regarding Aswath:
a. Aswath had disclosed the possession to the appropriate authority at the time that is his father.
b. Risabh is the real culprit.
c. Aswath was in possession of prohibited product and had not made its declaration to rightful authority
d. Risabh has ruined Aswath’s birthday.
7. Who have committed the wrong under the new law?
a. Aswath
b. Risabh
c. Aswath’s parents
d. All of the above
Correct Answers:
1. (D) options can be the correct answer. (a) (b) (c) options logically follows from an application of the rules as set out in the passage.
2. (B) Though the app is named as ‘Cigarette Reminder’. The reminder are dreadful and are not able to smoke rather they are reminder of harmful impact of smoking. Thus, (b) is correct option. The understanding of the app is not correct in (c) option. (d) is incorrect as it is related to youngsters only. Option (a) is irrelevant in light of the information
3. (A) The law prohibits any kind of activity or product which directly or indirectly reminds a person of his addiction irrespective of the intended purpose. Thus, Nandan’s app would be against the norm of the law as it indirectly reminds a person of his addiction irrespective of the intended purpose. (b) and (c) are incorrect as they are related to youngsters, youth and children only, Option (d) is irrelevant in light of the information.
4. (A) You have to find an option which supports Aswath to strengthen the case of Aswath. Thus, (a). The law does not seem to include cases where unintentional storage is done. It was Risabh who had bought and gave to him without his knowledge. (b) (c) and (d) are weakening his case.
5. (B) Enforcement of the law even in unintentional cases will complement government’s efforts for tobacco control and will help in reduction of tobacco use and reduction in associated economic and disease burden. This argument can go against Aswath’s unintentional keeping of banned substances. (a) and (c) are irrelevant to the line of question. They are just a statements with no implication to Aswath’s case as such to weaken his position. Thus, (d) cannot be correct.
6 (C) Aswath was in possession of prohibited product and had not made its declaration to rightful authority as father do not constitute as rightful authority. Such an authorised officer may be a police officer (at least at the level of a sub-inspector), or any other officer as notified by the central or state government. Thus (a) cannot be correct. (b) and (d) are irrelevant to the question
7. (D) Risabh who bought it, Aswath who gave it to father and not authorised person and even his father who after knowing about it failed to hand it over to authorised person. Thus (d)
