Parliament Winter Session Erupts Over E-Cigarette

The Parliament’s Winter Session erupted on December 11 after BJP member of Parliament Anurag Thakur accused a Trinamool Congress legislator of smoking an e-cigarette inside the Lok Sabha for days, an allegation that triggered a fiery clash over decorum and India’s nationwide vaping ban. The controversy has revived questions around enforcing the E-Cigarette Act 2019. Here’s a lowdown on e-cigarettes.

Why are E-Cigarettes Banned in India?

E-cigarettes are electronic devices that heat substances containing nicotine to create vapour for inhalation. The government justified the e-cigarette ban, citing rising usage among youth, marketing tactics targeting minors through colorful designs and candy-like flavors, reports of international lung injuries, and the potential gateway effect toward traditional cigarette addiction.

The Indian Council of Medical Research recommended complete prohibition, warning that allowing e-cigarettes would undermine decades of tobacco control efforts and create a new generation of nicotine-dependent users.

What Penalties Does the E-cigarette Act 2019 Impose on Violators?

The Prohibition of Electronic Cigarettes Act 2019 bans the production, import, export, transport, sale, distribution, storage, and advertisement of e-cigarettes in India.

First-time offenders face up to one year imprisonment, a fine of up to ₹1 lakh, or both. Repeat violations carry up to three years imprisonment and fines up to ₹5 lakh. Authorized officers have the power to search premises, seize devices, and arrest violators.

Tourists entering India are prohibited from carrying e-cigarettes, with customs officials empowered to confiscate devices at ports.

Despite these stringent provisions, enforcement remains challenging. Research indicates that approximately 10 percent of young adults reported current e-cigarette use in 2023, suggesting illegal trade persists through retail outlets and online platforms.

Which Countries Have Banned E-Cigarettes and Where Are They Legal?

India is one of 45 other nations that have completely banned e-cigarette sales, including Brazil, Singapore, Thailand, Argentina, Mexico, and Australia. Asian countries dominate the ban list: Bangladesh, Bhutan, Cambodia, Sri Lanka, and North Korea prohibit importation and sale. Middle Eastern nations, including Iran, Qatar, Saudi Arabia, and the UAE, also enforce strict bans.

Conversely, the United States, the United Kingdom, and most European Union countries permit regulated e-cigarette sales with age restrictions, advertising limits, and nicotine content regulations. Canada legalized e-cigarettes in 2018 under strict Health Canada oversight. New Zealand allows sales but has recently banned certain flavored products.

Japan permits nicotine-free e-cigarettes but classifies nicotine-containing versions as medical products requiring prescriptions.

This global regulatory divide reflects differing philosophies on harm reduction versus prohibition.

E-Cigarettes vs Traditional Cigarettes: Are Vapes Actually Safer?

Scientific consensus suggests e-cigarettes expose users to fewer toxicants than combustible tobacco: approximately 2,000 chemicals compared to 7,000 in traditional cigarettes.

Research from Johns Hopkins and Brown University indicates e-cigarettes produce significantly lower levels of carcinogens and respiratory irritants. However, "less harmful" does not mean "safe." E-cigarette aerosols contain heavy metals like lead and nickel, ultrafine particles that penetrate deep into the lungs, and benzene.

Both the American Heart Association and WHO emphasize that e-cigarettes deliver highly addictive nicotine, harm developing brains in adolescents, and pose cardiovascular risks.

The "gateway effect" concerns persist, and studies show non-smokers who vape are more likely to try traditional cigarettes eventually. Dual users who combine both products show no meaningful health improvements, undermining harm-reduction arguments.