The Delhi High Court issued a notice to the Bureau of Civil Aviation Security (BCAS) on Wednesday questioning the ban on carrying electronic cigarettes on Indian airports and aircrafts.
A user named Sutirtha Dutta had two e-cigarettes confiscated at both the Delhi and Kolkata airports. The items in question adhere to e-cigarette laws and the user is requesting that BCAS revoke its order.
Judge Yashwant Varma has issued a notice to BCAS, instructing them to respond within four weeks to Sutirtha Dutta's plea.
Dr. Farrukh Khan has submitted a petition questioning the Civil Aviation Authority's ban on the production, manufacturing, import, export, sale, distribution, storage, and advertising of e-cigarettes in Indian airports and during air transportation, which was passed on January 10, 2020. The petition is based on the 2019 legislation prohibiting e-cigarettes.
The petitioner stated that his electronic cigarette device was confiscated at the New Delhi airport while en route to Kolkata before December 21, 2020. On December 27, 2020, his device was again confiscated at the Kolkata airport while travelling to New Delhi.
The petitioners have proposed that the "Electronic Cigarette Ban Law" only prohibits the production, manufacturing, importing, exporting, transporting, selling, distributing, and advertising of electronic cigarettes, and does not prohibit individual use.
A petition highlights that the Civil Aviation Authority has been abusing its power by confiscating passengers' e-cigarettes. The airports in question include Mumbai, Bangalore, Chennai, Kolkata, Delhi, Goa, Bhavnagar, and others.
The petitioner is a public health professional who has been working with the Johns Hopkins University School of Medicine in Baltimore, the Y R Gaitonde HIV Research and Education Center, and the Elton John AIDS Foundation in the UK. He further argues that e-cigarettes are battery-powered devices that can vaporize nicotine-containing e-juice, and that batteries are not prohibited items, as devices such as phones and laptops can be carried onto airplanes without issue.
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