Amar Saran , Anurag Kumar, JJ. - (1.) WE have heard Sri Vishnu Behari Tewari, learned Counsel for the petitioners and Sri M.S. Pipersenia, the learned Standing Counsel. This Petition in Public Interest has been filed by the "Indian Dental Association," Uttar Pradesh State Branch and Dr. Anil Kumar Mehrotra, who was an ex -Assistant Professor in J.K. Cancer Institute, Kanpur. The said petitioners have been working for creating awareness about the health hazards of gutka and pan masala in causing oral cancer. Gutka has been reported to be highly carcinogenic as it contains both tobacco and areca nut. According to a study conducted by the Indian Council of Medical Research and the W.H.O., South East Asian Regional Office, New Delhi, 2001, 80% of gutka or pan masala with tobacco users are below 40 years. It is widely causing oral pre -cancer in the age group of 15 - 34 years and below. Adolescents are susceptible to the influence of pan masala and gutka advertisements that are surrogate ads for gutka. They respond by chewing both pan masala and gutka. According to the 'Salaam Bombay Foundation' there are teenagers who consume 5 to 15 packets of gutka daily. Street children and some adults have been known to consume 30 packets a day. By a rough estimate, which appeared in the 'Times of India' (online), 'Kids getting addicted to tobacco', 2008, Jan, 17, about 5 million children in India, under the age of 15 years are addicted to gutka. Apart from oral cancer it also causes Oral Submucous fibrosis (O.S.F.) and is also a risk for stroke and cardiac disease. India has the highest prevalence of oral cancer globally. Article 47 of the Constitution of India casts the primary duty on the State to improve public health and specifically to prohibit consumption of items which are injurious to health except permitting use of drinks or intoxicating drugs for medicinal purposes.
(2.) IT is further pointed out that the Food Safety and Standards (Prohibition and Restriction on Sales) Regulation 2011 (hereinafter the "Food Safety Regulations") have been introduced with effect from 5.8.2011 by the Food Safety and Standards Authority of India (for short the "Food Authority") in exercise of powers conferred under Clause (1) of sub section (2) of section 92 read with section 26 of the Food Safety and Standards Act, 2006, (hereinafter the Food Safety Act). Specifically Regulation 2.3.4, provides as follows: Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products. In this context, it is pointed out that the Madhya Pradesh Government is the first Government which has issued a ban on gutka products with effect from 1.4.2012 under a new law pursuant to the aforesaid regulation 2.3.4 banning Gutka and pan masala products which contain tobacco. The M.P. Food Secretary has also called for initiating action under the rules against all those indulging in sale and manufacture of Gutka products containing tobacco and nicotine.
(3.) LEARNED Standing Counsel however contended that the petitioner has filed an impleadment application before the Hon'ble Supreme Court in Special Leave Petition No. 16308 of 2007, Ankur Gutka v. Indian Asthma Care Society and others and until the said petition is decided by the Apex Court, this Court should not pass any orders in the matter.;