In 2011, the Indian government took a big step to protect public health by banning gutkha, a smokeless tobacco product. This decision was made because gutkha was linked to a sharp rise in oral cancer cases, which is a big concern in India. Gutkha is made from a mix of areca nut, tobacco, and sweeteners, and it is one of the main causes of mouth cancer in India, a country that has a huge number of oral cancer patients, making up about one-third of the world’s total cases. The ban was meant to save lives and improve health across the country.
But over ten years later, the ban is not working as well as expected. Gutkha is still being sold in many places, just in different forms that get around the law. This shows how tough it is for the government to enforce such a ban, especially since gutkha is so popular and culturally accepted in many parts of India.
How are manufacturers bypassing the ban?
One of the main reasons the ban is failing is a clever trick used by gutkha sellers. The law bans the sale of gutkha because it contains both tobacco and areca nut. But it doesn’t stop people from selling these ingredients separately. So, manufacturers sell pan masala (which doesn’t have tobacco) and zarda (loose tobacco) as individual products. People can then buy both and mix them together to make their own gutkha at home.
This trick, known as the “dual packaging trick,” has made the ban much less effective. A study in 2017 found that 78% of vendors in two states were still selling these products, often hiding them or calling them “mouth fresheners.” Even though it’s illegal, these products are still sold openly in some areas.
Why is gutkha still everywhere?
Despite the ban, gutkha is still easy to find, especially in hidden markets. In cities, it’s sold secretly by vendors who hide the packets in drawers or under counters. In rural areas, it’s sold more openly, often in small shops, homes, or local markets. Dr. Pankaj Chaturvedi, a cancer surgeon, says the sale of these banned products is poorly regulated, allowing people to keep using them without much trouble.
A 2022 study in West Bengal found that 68% of shops were still openly selling gutkha, and law enforcement rarely checked for these sales. In places like Kerala, where the ban is slightly more effective, there is still a black market where gutkha is sold for double the price.
This underground market shows how difficult it is for authorities to control the sale of gutkha. The enforcement of the ban is inconsistent across different regions. In some areas, authorities do a good job of raiding and checking, but in others, they hardly intervene at all. Even when authorities do raid, the trade quickly comes back because of the strong network of suppliers, smugglers, and even corrupt officials.
What’s behind the continued sale of gutkha?
The problem is not just the legal loopholes; corruption also plays a big role. In 2018, a scandal in Tamil Nadu revealed that top officials, including police officers and health department employees, were accepting bribes to allow the illegal manufacture and sale of gutkha. These bribes helped gutkha sellers continue their trade without fear of getting caught.
Gutkha is also produced in secret factories, often in remote places where regulations are weak. Smugglers move it across states, using bribes and hidden transport methods to avoid detection. Retailers then sell gutkha under the radar, keeping it hidden from the authorities.
The cost of gutkha: Health and money
The gutkha trade isn’t just a health problem; it also causes economic damage. Many gutkha factories avoid paying taxes. For example, in 2020, a gutkha factory in Delhi was found to have evaded over Rs 40 crore in taxes. Similarly, in Maharashtra, another factory had evaded Rs 100 crore in taxes. These are just a few examples of the widespread tax evasion linked to the gutkha industry.
Gutkha is cheap, which makes it especially popular among people with lower incomes. But its use has a high health cost. Dr. Pankaj Chaturvedi explains that mouth cancer caused by tobacco is now being diagnosed in young people, even as young as 18 to 20 years old. The health effects are severe, and the economic cost is equally worrying. Oral cancer is largely preventable, but it costs India a huge 0.18% of its GDP every year. The premature deaths from gutkha-related cancers also lead to a loss of productivity, affecting the economy.
Why is gutkha so hard to stop?
One of the biggest challenges in stopping gutkha is that it’s deeply part of India’s culture. For many people, chewing tobacco has been a social habit for generations. It’s part of social gatherings and daily life, making it hard for people to give up, even though they know it’s harmful.
The government has run many anti-tobacco campaigns to warn people about the risks of gutkha. However, these campaigns often don’t tackle the cultural and social reasons people keep using them. Experts say that to reduce gutkha use, public health campaigns need to address not only the health risks but also the social factors that make people keep using it.
To make the gutkha ban work better, experts say a more complex approach is needed. First, the supply of ingredients, like areca nut and tobacco, needs to be better controlled. Corruption within law enforcement also needs to be addressed, as it is a big reason why the gutkha trade is still active.
Public health campaigns should also change. Instead of just focusing on the dangers of gutkha, they should explore the social reasons why people use it. Additionally, helping small vendors who rely on selling gutkha find other ways to make a living could reduce the support for this illegal trade.
[This is based on an article “Gutkha Ban in India: Loopholes Fuel the Underground Trade” by Dr. Shruthi R, published in the Medically Speaking.]
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