The petition submitted that this action by the Ministry of Civil Aviation was taken without any rhyme or reason, and lacked consideration of the provisions of the Act, which allows for personal use of electronic cigarettes, as per various clarifications given by authorities and the concerned ministry respectively.
Further, the petition contended that this action was an abuse of power that has led to the confiscation of vaping devices from travellers passing through Mumbai, Bangalore, Chennai, Kolkata, Delhi, Goa, Bhavnagar and other airports.
Interestingly, the petitioner also stated that he was a smoker, who with the aid of e-cigarettes, had quit smoking.
Therefore, the bar on vaping device whilst flying was leading to a situation of a relapse, it was contended.
“It is submitted that applicant/ petitioner is a former smoker, who, by aid of E-cigarettes, has quit smoking combustible cigarettes and since, the Applicant / Petitioner, by virtue of the impugned Addendum, cannot carry his E-cigarettes whilst travelling by aircraft, leading to a situation of smoking relapse,” the plea said.
The petitioner further submitted that studies and research revealed that relapsing to combustible cigarettes is a very common phenomena for persons who have quit smoking.
Therefore, the petition argued that the addendum issued by the Central government was vague, misleading and illegally infringing upon the rights of the petitioner and other consumers of e-cigarettes, which are deemed globally less harmful than normal cigarettes.
“That on a bare reading of the Act, it becomes clear that the Addendum that has been issued by the Respondent is vague and misleading, and is needlessly criminalizing and illegally infringing upon the rights of the Petitioner and other consumers of Electronic Cigarettes, which are deemed globally to be less harmful than smoking combustible cigarettes. Section 4 of the said Act does not contain any language that would support the Respondent that the personal use of Electronic Cigarettes is banned in India,” the plea stated in this regard.
Source: Barandbench
