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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