Is vaping legal in India?
Introduction
With the advent and use of electronic cigarettes increasing by the day, this seems to be a topic commanding great interest from the general public. Quite a few questions arise when such a thing is talked about. The general public seems to want to know inter alia is buying an e-cigarette legal in India, can one run an e-cigarette business in India and the most important question of them all, is the personal consumption of e-cigarettes legal?
It is extremely important to understand such a topic in detail as there is no one glove fits all solution to such contemporary legal topics. The socio-political landscape of India further makes the problem challenging to deal with as law enforcement at many instances either does not know the law or does not want to know the law (wink wink).
Prohibition of electronic cigarettes act, 2019
The ban on vaping is imposed by the Centre as well as the state. The Centre through Prohibition of electronic cigarettes act, 2019¹
has banned the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes all across India. What this means is that no shop-owner can legally sell any form of e-cigarette (Including Jules, vapes etc.) anywhere in India, nor can they take part in the storage, distribution and/or advertisement of any such product.
According to the Prohibition of electronic cigarettes act, 2019, “electronic cigarette” means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and CosmeticsAct, 1940. This would hence include all kinds of contemporary e-cigarettes such as Vapes, Jules etc.
The ban was imposed in response to the growing popularity of vaping among young people in India. The government argued that vaping was a gateway to smoking and that it could lead to nicotine addiction. They also cited concerns about the safety of vaping products, which have been linked to a number of health problems, including lung injuries.
The ban has been met with mixed reactions. Some people have welcomed the ban, arguing that it will protect young people from the dangers of vaping while Others have criticised it, arguing that it is an infringement on personal freedom and liberty and that it will not be effective in preventing people from vaping.
Coming to the golden question — Is vaping for personal consumption allowed?
In short, yes.
Neither does the prohibition of Prohibition of electronic cigarettes act nor does any other ordinance have anything to say on banning e-cigarettes for personal consumption.
Even if we take a look at the ordinance as issued by the centre, it clearly state that personal consumption IS permitted.²
As for how one is supposed to “purchase” such product for personal use? Welcome to the world of black marketing (As is rampant in the case of gambling in India)
This is because During the Lock Sabha debate on the e-cigarette bill, Health Minister Dr. Harsh Vardhan placed emphasis on the fundamental rights of citizens and assured the parliament that personal use should be excluded from under its ambit as it would result in criminalising laypeople.³
Furthermore, the Ministry of Health and Family welfare under the aegis of the Government of India posted on its Twitter account that the Union Cabinet had decided that “individual possession of e-cigarettes for personal use in not an offence”.⁴
It is also pertinent to note that carrying of such devices within an aircraft is now unlawful owing to the rather vague order released by the BCAS.⁵
Hence, your ENDS might get confiscated.
Owing to a complete ban, ENDS are not allowed even for medicinal use.
Disclaimer:
To the best of our knowledge, all laws provided here are in effect as of July 06, 2023 unless otherwise noted.
No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice.
This is a general advisory blog and we bear no responsibility whatsoever.
1 The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019
2 https://www.mha.gov.in/sites/default/files/CSDiv_ecigerete_12122019.pdf
4 https://twitter.com/MoHFW_INDIA/status/1174325122993278977
