MUMBAI: The sale and possession of gutka in the Indian state of Maharashtra may soon become a non-bailable offence, with the possibility of sentencing offenders to three to five years of rigorous imprisonment, which may be extended to 10 years, and suspension of their paan kiosk for a longer period of time, said a report published on The Times of India.

In response to concerns raised during Question Hour in the Legislative Assembly today regarding the efficacy of existing legislation, Indian Minister for Food, Civil Supplies and Consumer Protection Girish Bapat said that the law was not being effectively implemented as gutka from neighbouring states was being sold in Maharashtra.

The police was previously under orders to book offenders under Section 188 of the Indian Penal Code, an offence that provides for bail within a few hours — a law which did not put adequate pressure on those operating illegally.

However, new directives are being issued to the police to book offenders under Section 328 — 'causing hurt by means of poison, etc., with intent to commit an offence' — which is a non-bailable offence, the minister told the assembly today.

A proposal has also been issued to the law and judiciary departments suggesting ways that the law can be effectively implemented. One of the suggestions in the proposal is that the shop licenses of offenders be cancelled.

The sale of scented and tobacco-laced varieties of betel nuts, tobacco and lime paste is banned in Maharashtra, while simple varieties are permitted. However, due to the lack of restrictions in neighbouring states, the banned varieties are smuggled into the state.

According to the report, the Mumbai food and drugs administration had, since 2012, seized Indian Rs 477.7 m worth of banned substances from over 3,418 paan kiosks. There are approximately 1,538 cases of illegal sale of gutka being tried in courts.

The administration has also started a toll-free number for complaints against the illegal sale of gutka in Maharashtra.

Just a week earlier, the 16th World Conference on Tobacco OR Health in Abu Dhabi urged countries to take steps to reduce the consumption of tobacco — a leading cause of death and disease worldwide.

In May 2014, Cancer Society Multan President Dr Professor Abrar Ahmad Javed had said: "It (tobacco) causes 3.5 million premature deaths worldwide. By 2030, it is estimated tobacco use will be the leading cause of death worldwide with roughly 10 million deaths per year."

Lethal Indulgence

Experts point out that cases of oral cancer in the country are on the rise and the frequent consumption of chhalia and gutka is the main cause. It has been clinically established that most of the locally consumed areca nuts are largely of low quality and are often found with fungal infections. They contain artificial (textile) colour, artificial sugar, addictive substances, chemicals and even animal blood.

Prolonged consumption of such compounds has been known to cause cancer, possibly leading to death. Up to 75 per cent of oral cancer patients getting treatment in city hospitals have been known to use chhalia and gutka. About seven per cent of them have been children.

The hazards of this slow poisoning of the population need to be taken seriously at all levels. But the authorities have failed to take meaningful actions to limit the production and import of these harmful products. Occasionally, it is reported that consignments of such products are confiscated, but these news stories are few and far between. And it is rare that any culprit is taken to task for importing or manufacturing such stuff, otherwise it can act as the biggest deterrent.