KARACHI: The Sindh Assembly on Wednesday passed the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Bill, 2019, banning the import, export, manufacturing, sale and purchase of gutka, mainpuri and their derivatives in the province.

The bill was presented by Pir Mujeebul Haq, who presides over the standing committee on law and parliamentary affairs and human rights of the provincial legislature.

The standing committee was given the task to finalise the draft bill before it was formally moved for approval of the house.

The statement of objects and reasons of the bill referred to the medical reports vis-à-vis health hazards associated with the use of gutka, mainpuri and other such concoctions.

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It said such stuff was dangerous and major cause of cancer and cardiac illnesses.

“The tobacco consumption is one of the biggest challenges confronting the people today. Of 90 per cent tobacco-related oral cancer cases, 82pc pertain to mouth and throat and the survival ratio among cancer patients, who live for five years is 51pc, while 48pc live for 10 years after they are diagnosed,” the bill stated.

Punishments

According to the new law, no person should produce, prepare or manufacture any mixture or substance, which, apart from gutka and mainpuri, included pan parag or such other mixtures, which were prepared or obtained by any series of operations from the ingredients. These ingredients include any of the forms of chhalia (betel nut), catechu, tobacco, lime and other materials, which are “injurious to health and not fit for human consumption within the meaning of Section 5 of the Sindh Pure Food Ordinance, 1960 and is also in contravention to the provisions of Rule 11 of the Sindh Pure Food Rules, 1965.”

The bill bars anyone possessing, offering for sale, distributing or delivering any such substances.

The bill also prohibits owning, operating or controlling premises or machinery for the manufacture of mainpuri, gutka and their derivatives.

There are punishments given in the new bill for contravention of the above provisions.

“Whoever contravenes these provisions … shall be punishable with imprisonment which may extend to three years but shall not be less than one year and shall also be liable to fine which shall not be less than two hundred thousand rupees.”

Those who contravened the law by purchasing them should be punishable with imprisonment that might be extended to one month and would not be less than a week; or fine which should not be less than Rs5,000.

The offences under this law would be cognizable, non-bailable and not compoundable except Section 9 vis-à-vis purchase of such substances, which would be non-cognizable, bailable and compoundable.

An officer, not below the rank of sub-inspector, could enter a building where he got credible information that the violation of the act was being made “without an order of warrant of search from magistrate against such person and without affording him an opportunity for the concealment of evidence or escape”.

However before entering any house prior permission of the SSP of the district concerned would be required.

That officer could “break open doors and windows for his liberation remove any other obstacle to such entry in case of resistance; seize such substances and detain and arrest the person whom the raiding officer has reason to believe to have committed an offence punishable under this law.

An officer is also authorised to seize, in any public place or in transit, any such substance for which he has reason to believe that an offence punishable under this act has been committed. Besides, he is authorised to detain and search any person whom he has reason to believe to have committed such offence; and could arrest him on finding him carrying such stuff.

The public place includes public conveyance, hotel, shop or any other place intended for use by, or accessible to, the public.

These officers will have powers to stop and search conveyance.

However, the law also provides punishment for “vexatious entry, search, seizure or arrest” by such officers.

Such officers who detain people and make vexatious and unnecessary searches would be punished with imprisonment for a term which could be extended to three years and maximum fine of Rs300,000.

Resolution against India

The Sindh Assembly unanimously passed a resolution moved by Chief Minister Murad Ali Shah condemning Indian Prime Minister Narendra Modi’s government for committing atrocities on Muslims across India and India-held Kashmir.

“This house recognises with deep dismay, the continued atrocities being meted out by Prime Minister Narendra Modi’s government on Muslims across India and the Indian Occupied Kashmir.”

The resolution categorically condemned the unilateral lockdown of India-held Kashmir for over 130 days and the state-sanctioned brutalities on its innocent residents.

“The house laments the violence by Indian law enforcement agencies on Muslim students exercising their right to protest; recognises the alarming rise in incidents of fascism and violent extremism towards Muslims in India during the BJP government; and, rejects India’s recently passed Citizenship Amendment Bill, which seeks to systematically marginalising and excluding Muslims,” said the resolution.

It expressed dismay at the silence of the international community over such continuing violations of fundamental human rights and demanded that the federal government approach the United Nations to censure the Indian government over its persistent and targeted persecution of Muslims.

Chief Minister Shah condemned the Indian government on persistent violation of human rights.

Speaker Agha Siraj Durrani got the resolution passed unanimously after several members from either side of the aisle spoke extensively and condemned the Indian government’s anti-Muslim policies.

Those who spoke on the resolution included Opposition Leader Firdous Shamim Naqvi, Health Minister Azra Pechuho, Jawed Hanif, Abdul Rasheed, Mangla Sharma, Nusrat Abbasi and Shabbir Qureshi.

The government introduced Sindh Safe Cities Authority Bill, 2019, and The Sindh Students Union Bill, 2019, which were referred to the standing committee on law and parliamentary affairs and human rights of the house to reconsider.

The house passed The Coastal Development Authority (Amendment) Bill, 2019, again, which had been returned by the governor after placing some objections on its contents for reconsideration, by majority vote.

Published in Dawn, December 19th, 2019