Context-Recently Indian government decided to ban the sale, storage and manufacture of e-cigarettes. .

• Once the ban comes into force, consumption, production, manufacturing, import, export, transport, sale, distribution, storage and advertisement of e-cigarettes would become illegal in India.

e-Cigarette

• E-cigarettes are the most common form of Electronic Nicotine Delivery Systems (ENDS). These are basically devices that do not burn or use tobacco leaves. Instead, they vaporise a solution using a battery. This vapour is then inhaled by the user.
• The main constituents of the solution, in addition to nicotine when nicotine is present, are propylene glycol, with or without glycerol and flavouring agents.

How does an e-Cigarette work? 

• The effectiveness of e-cigarettes depends on a range of factors such as the battery's strength, the nature of unit circuit, solutions used and the user's behaviour, among others.
• Since e-cigarettes work on vapours, their effectiveness is directly dependent on the product's ability to heat the solution to a state where it transforms into vapour. As a result, the battery's voltage and circuit strength are crucial components. Stronger the voltage and circuit, faster will the solution heat up and vaporise, and more effective will be the product.
• Battery voltage and unit circuitry differences can result in considerable variability in the products' ability to heat the solution to an aerosol and, consequently, may affect delivery of nicotine and other constituents, and may contribute to the formation of toxicants in the emissions.

Health risks

• WHO report on e- cigarettes and effects: As per the report, Electronic Nicotine Delivery Systems (ENDS) (also known as e-cigarettes) emits nicotine, the addictive component of tobacco products. In addition to dependence, nicotine can have adverse effects on the development of the foetus during pregnancy and may contribute to cardiovascular disease.The WHO report further says that although nicotine itself is not a carcinogen, it may function as a “tumour promoter” and seems to be involved in the biology of malignant disease, as well as of neurodegeneration.
• E-cigarettes usually contain nicotine. Nicotine is what makes tobacco products addictive. Be aware that some e-cigarettes that claim to be nicotine-free have been found to contain nicotine.
• E-cigarettes are harmful for youth, young adults, and pregnant women. The nicotine in e-cigarettes is harmful for developing babies, and can lead to addiction and harm brain development in children and young adults into their early 20s. Although there is still much to learn about e-cigarettes, the evidence is clear that the harmful health effects of using e-cigarettes means teens and young adults should not use them.
• E-cigarettes may contain other harmful substances. While e-cigarettes typically have fewer chemicals than regular cigarettes, they may still contain heavy metals like lead, flavorings linked to lung disease, small particles that can be inhaled deep into the lungs, and cancer-causing chemicals. Being near someone using an e-cigarette can expose you to the aerosol and the chemicals in it. This is similar to secondhand smoke from regular.

The Ethical Dilemma

• ENDS, more specifically e-cigarettes, were introduced and popularised by forwarding the argument that they are effective in helping people quit smoking tobacco.
• However, there are no concrete large-scale studies to show their effectiveness in helping people quit smoking.
• Meanwhile, proponents of e-cigarettes have come under attack from health activists who demand complete abolition of tobacco use. They argue that these products "undermine the efforts to de-normalise tobacco use".

Fines under the new Law

Once the Prohibition of Electronic Cigarettes (production, manufacture, import, export, transport, sale, distribution, storage and advertisement) Ordinance, 2019 comes into effect, these provisions will become applicable:

1) Any production, manufacturing, import, export, transport, sale (including online sale), distribution or advertisement (including online advertisement) of e-cigarettes shall become a cognisable offence in India.

2) This will be punishable with an imprisonment of up to one year or fine up to Rs 1 lakh or both for the first offence.

3) In case someone is caught flouting the law again, the punishment would be imprisonment of up to three years and fine up to Rs 5 lakh.

4) Under the new rule, those found storing e-cigarettes will be punished with an imprisonment up to 6 months or fine up to Rs 50,000 or both.

Besides this, those who have existing stocks of e-cigarettes will have to declare and deposit them with the nearest police station on their own before the ordinance comes into effect