Rajasthan High Court Directs Strict Enforcement of Prohibition of Electronic Cigarettes Act

Comprehensive Action Plan Mandated to Eliminate E-Cigarette Usage in Rajasthan; Compliance Reports Required from Authorities

In a landmark decision aimed at curbing the use of electronic cigarettes, the Rajasthan High Court, Jaipur Bench, has issued directives for the stringent implementation of the Prohibition of Electronic Cigarettes Act, 2019. The judgment, delivered by a division bench comprising Justices Sanjeev Prakash Sharma and Sanjeet Purohit, mandates state and central authorities to take decisive actions to ensure the Act is enforced in its entirety.

The judgment came in response to a Public Interest Litigation filed by Priyansha Gupta, who appeared in person to represent her case against the Union of India. The petitioner emphasized the need for more robust actions to counter the proliferation of e-cigarettes, which pose significant health risks.

The court's decision underscores the urgent need for a detailed action plan to achieve the complete prohibition of e-cigarettes as stipulated under the Act of 2019. It instructs the Chief Secretary of Rajasthan to appoint authorized officers of the rank of Collector or Additional Collector at the district level to oversee the implementation of the Act. These officers are expected to prepare and execute a comprehensive plan to enforce the ban on e-cigarettes effectively.

Additionally, the Director General of Police has been directed to assemble a team of officers from various range headquarters to ensure the Act is implemented thoroughly across the state. The court has demanded a compliance report detailing the steps taken in each district to be filed before the next hearing date, set for November 12, 2025.

The Union of India has also been tasked with filing a report that details the steps taken to enforce the Act, including the number of websites blocked and actions taken against sellers of e-cigarettes. The court's directive aims to ensure that both state and central authorities collaborate effectively to eradicate the presence and sale of e-cigarettes within the region.

Ms. Seema Bharti, Officer In-charge, Additional S.P., informed the court that while some measures have been taken to seize e-cigarettes and block related websites, much remains to be done to fully implement the Act. The court's decision marks a pivotal step in the fight against electronic cigarette usage, urging authorities to act swiftly and decisively.

This judgment reflects the judiciary's proactive stance in safeguarding public health by enforcing legislative measures against harmful substances. It sets a precedent for other states to follow in the rigorous enforcement of the Prohibition of Electronic Cigarettes Act, ensuring a healthier future for the nation's citizens.

Bottom Line:

Prohibition of Electronic Cigarettes Act, 2019 - Directions issued by the Court to ensure complete prohibition of e-cigarettes by implementing the Act of 2019 in its entirety. 

Statutory provision(s): Prohibition of Electronic Cigarettes Act, 2019, Sections 6 and onwards

Priyansha Gupta v. Union of India, (Rajasthan)(Jaipur Bench)(DB) : Law Finder Doc Id # 2782279