Delhi High Court refuses to hear petition against prohibition of e-cigarettes on aircraft

New Delhi: The Delhi High Court on Monday refused to entertain a petition challenging the prohibition on carrying e-cigarettes on aircraft.

The petition, which now stands disposed of, had sought to quash an order issued by the Ministry of Civil Aviation Security in March last year that prohibited the carriage of e-cigarettes on aircraft.

The petitioner, Sutirtha Dutta, withdrew the plea after Justice Subramonium Prasad hinted at dismissing the petition with a substantial cost.

The court allowed the withdrawal of the petition, granting liberty to Dutta to make a representation to the Union Government on the issue.

The petitioner has also challenged a clarification issued by the Union Ministry of Health and Family Welfare that imposed a complete ban on e-cigarette devices.

Dutta, a public health professional, contended that he is a frequent flyer and a user of vaping devices.

He argued that the prohibition on carrying e-cigarettes on aircraft had led to the confiscation of vaping devices from travellers at various airports.

Dutta had successfully quit combustible cigarettes with the aid of e-cigarettes and claimed they were a safer alternative.

During the hearing, Dutta's counsel argued that e-cigarettes are a lesser harmful alternative and contested the myth that they are more harmful than real cigarettes.

Justice Prasad indicated that he was inclined to impose a cost of at least Rs 50,000, and after the counsel withdrew the petition, he stated that the cost would be a substantial amount, potentially in a six-figure range.

Dutta's case was that e-cigarettes do not pose a threat to aircraft or passengers, and their personal use is not expressly banned under any legislation.

He contended that the Central government had exceeded the scope of its powers conferred by the Aircraft Act and Rules in classifying e-cigarettes as a threat to aircraft and passengers.

E-cigarettes are battery-operated devices that vaporise a nicotine-containing liquid, and Dutta argued that batteries and nicotine in various forms are not prohibited items for carriage in aircraft.

While their use on aircraft is prohibited, the complete ban on carrying e-cigarettes is an unreasonable restriction on Article 19(1) of the Constitution of India, according to Dutta's plea.

The petition highlighted that e-cigarettes do not pose any threat to aircraft safety or passengers.