IS IT LEGAL TO SMOKE IN INDIA ON OPEN ROADS OR OTHER PUBLIC AREAS?

 

 



 IS IT LEGAL TO SMOKE IN INDIA ON OPEN ROADS OR OTHER PUBLIC AREAS?

WRITTEN BY: JAIN DIVYA LALIT

4TH YEAR BLS LLB

MGM LAW COLLEGE, NAVI MUMBAI

MAHARASHTRA

 

EDITED BY: YASH JAIN

5TH YEAR BBA LLB(HONS)

AMITY LAW SCHOOL, NOIDA




"Smoking" is the routine or feat of inhaling and exhaling the smoke of tobacco or a drug. The rate at which active smoking exacerbates illness and bereavement is increasing. But, apart from this, the public who are not on fire is in agony with the side effects of smoking in an unreceptive way. Personnel inhaling secondhand smoke (SHS) or environmental tobacco smoke (ETS) causes "passive smoking," which is universally harmful to health. The rise in air pollution is a major source of concern around the world. The human race is at odds with harmful substances such as smoking and drug addiction.

Passive smoking is one of the chief motivations behind establishing smoke-free laws. Why must someone other than the anticipated active smoker face any crisis? Passive smoking also causes risky diseases like cancer, permanent disability, and sometimes passing away as well.

Therefore, smokers should consider how their behavior affects others. India's Constitution guarantees its citizens six fundamental rights in addition to many additional rights. In the event that any of their rights are violated, people always speak up. But do our fundamental responsibilities as Indian citizens really matter to us? Different essential obligations are listed in Article 51A, Part IV, of the Indian Constitution, which was amended 42 times in 1976. The 86th Amendment, passed in 2002, outlines 11 fundamental obligations for every Indian citizen.

I'm talking about fundamental responsibilities because even if there is legislation in place for various goals, its success rests on us as citizens.

Smoking is prohibited in public places as of October 2, 2008, according to Section 4 of the Cigarettes and Other Tobacco Products Act (COTPA).

On February 27, 2005, India joined the World Health Organization Framework Convention on Tobacco Control.

WHAT IS A PUBLIC PLACE?

Any location that the general public can access is referred to as a public place. Whether the location is ideal or not is irrelevant. It encompasses all public spaces, including auditoriums, hospitals, train stations, government buildings, courts, schools, libraries, canteens, banks, and clubs. It also covers public areas like hotel and restaurant grounds.

DIRECTIVES FOR THE PUBLIC PLACES

The phrase "No Smoking" must be posted on a board in public areas. The board's dimensions should be 60 cm long and 30 cm wide. All other requirements must be met, and the board's backdrop must be white in color. The sign must read, "No Smoking Area- Smoking here is prohibited." According to the locality, the warning should be issued in English and one Indian language. The board must be visible from the public area's entrance as well as other high-traffic areas of the structure. The board will be visible on each entrance gate if the public space has more than one gate. The display board will be present on every floor of the public building, including those with stairs and elevators.
If someone is breaking the law by smoking in a public area, the identity of the appointed officer must be made known and placed on the board. The managers of the public space must make sure that no ashtrays, matches, lighters, or other items that encourage smoking are available there.

 


 

DECISION IN MURLI S. DEORA V. UNION OF INDIA

In the case of Murli S. Deora v. Union of India in 2001, the Hon'ble Supreme Court acknowledged the negative and deadly effects of public smoking. In this case, the Supreme Court acknowledged the negative consequences of passive smoking as well as the lack of legislative provisions addressing this issue.
In its ruling, the Supreme Court outlawed smoking in public spaces such as auditoriums, hospital structures, public offices, railroads, court structures, libraries, educational institutions, healthcare facilities, and other areas used by the general public.

PUBLIC PLACES WITH ISOLATED SMOKING AREAS

Since all public spaces must be smoke-free, there cannot be any venues for smoking. However, there are several circumstances in which the owners, proprietors, managers, supervisors, or other people in control of affairs at locations like hotels and restaurants may provide a smoking area. The hotel must have more than 30 rooms, and the restaurant must have seating for at least 30 patrons. The manager of the airport may also provide the service of a smoking area to travelers, but there are certain particular rules that must be observed.

GUIDING PRINCIPLE FOR SMOKING AREA

Any designated smoking area constructed in a public space shall only be utilized for smoking. The location is not permitted to offer any further services to clients. Any hotel, restaurant, or airport entry or exit gate cannot be turned into a smoking area. The designated smoking area must be clearly defined, and a placard at the entry gate must read "Smoking Area" in both English and the appropriate Indian language.

The designated smoking area needs to be completely enclosed by four walls and set off from the main structure. The building must have a good airflow system that moves air outdoors and away from any other neighboring structures, and the entry gate must have automatically shutting doors. A mechanism for cleansing the air and exhaust ventilation should be present in the structure. They must be set up such that air cannot enter the parts of the building where smoking is prohibited.

 

VIOLATION OF SECTION 4 OF THE COTPA (CIGARETTES AND OTHER TOBACCO PRODUCTS ACT)

According to the Cigarettes and Other Tobacco Products Act, public spaces lacking "No Smoking" signs are in violation of the law. Ashtrays, lighters, matches, and other items that encourage or aid smoking should not be made available in public areas. If a smoking area is discovered at the entry or exit gate of a public place, the designated officer or supervisor of the establishment shall be held accountable for the abuse of the COTPA under Section 4. 

A breach of Section 4 will occur if the management performs any service in the smoking area that is not related to smoking. A violation of this Act is caused by the smoking room's incorrect airflow system. It is a violation of this provision if smoking is done in any public area that is not a hotel or restaurant with more than 30 rooms or with seats for more than 30 people, respectively. At various locations in public areas, the name of the designated officer who can receive complaints must be published.

REPRIMAND UNDER COTPA (CIGARETTES AND OTHER TOBACCO PRODUCTS ACT)

Bail is an option for all offences that are punishable under COPTA. The 1973 Code of Criminal Procedure is followed during the trials. The wrong committed in violation of this COTPA is deemed compoundable and is tried in accordance with the guidelines for summary trials.

If somebody is caught smoking in a public location, they might be fined Rs. 200. The Government has introduced a bill in the Parliament that would raise the limit to Rs. 1000. Additionally, the Health Ministry has decided that the minimum age for purchasing tobacco-related items is now 21 (up from 18), and this decision has been reflected in the amended law.

INFERENCE

A Division Bench of the Kerala High Court first ruled public smoking illegal in the history of the globe in 1991. According to the High Court, it is forbidden to smoke in public places since doing so breaches Article 21 of the Constitution. Chandigarh was the first city in India to ban smoking, and Hemant Goswami was primarily responsible for its success. Shimla and other cities adopted the Chandigarh example to become smoke-free areas.

A study by the medical magazine "The Lancet" found that smoking causes around 11% of deaths worldwide. The bulk of smokers who pass away come from China, India, Russia, and the United States.

According to the Global Burden of Disease Survey report, 11.2% of smokers worldwide are in India. Since smoking ranks as the second leading cause of early mortality and disability, it is a major global health problem.

The government has agreed to the request that dedicated smoking areas be removed from hotels, restaurants, and airports since the demand is growing. The second-highest country in the world for percentage of women who smoke is India.

REFERENCES

Health Department Website (Government of India).

Cigarettes and other Tobacco Related Acts.

World Health Organisation Website.

Medical Journal- “The Lancet”.

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