Thanks to the efforts of an NGO, Rights Now -Pakistan, who approached the Sindh High Court to stop unchecked sale of gutka and mainpuri (named after a city in India from where it is mostly smuggled in), a two-member SHC bench declaring these items a health hazard, has ordered the local government secretary to ensure "true enforcement" of the Pure Food Ordinance, 1960, directing the government to enact a law to make the production and sale of these items a cognizable offence and also ban the sale of tobacco pan masala. The court though felt it necessary to state that the decision flowed from it being custodian of fundamental rights, and that "legislation may be the function of the legislature alone, but when the situation requires necessary instructions can be issued by the court in exercise of its writ."

It is a well-known fact that these items are a serious public health hazard as they are not only highly addictive but contain carcinogenic ingredients. Yet, it is a measure of ignorance about the health risks involved that before the filing of public interest petition, the owner of a gutka factory had gone to the court, asking for protection against alleged police harassment. While disposing of that petition the court noted that the arguments and documents produced showed that the entire business of manufacturing, storage and sale is being carried out without a licence. No wonder, these things are easily available even on stalls set up on footpaths in certain areas of the provincial capital. Various directives issued by courts in the past ordering the authorities concerned to act against those making and selling gutka and mainpuri have been falling on deaf ears because the legality aspect of the problem remained undefined. It is good to note therefore that the hearing of the two petitions by the SHC has had a positive effect; a PPP member has already moved a private bill in the Sindh Assembly proposing that manufacture and sale of gutka and mainpuri be made a cognizable offence. Hopefully, it will soon lead to effective legislation on the subject. Considering that though the use of these harmful substances is pervasive in urban centres of Sindh, other parts of the country are not free from them either, it is imperative that all provinces enact laws to deal with the problem.

Laws, nonetheless, on their own are not enough to deter offenders, especially when an activity involves habit forming substances and fetches easy profits for their purveyors. Equally important is efficient enforcement of legal restrictions. The police ought to get their act together to ensure compliance. Also, a mass awareness campaign needs to be launched to educate the unsuspecting consumers of gutka, mainpuri as well as pan masala of the dangers inherent in their use.

Copyright Business Recorder, 2017