BAN ON SMOKING IN PUBLIC PLACES

Sanjeev Sirohi, Advocate

The reason why I detest smoking even more strongly than drinking is that a drunk only damages his own body and not of any other person whereas a smoker not only damages his own body but also that of others person when he exhales smoke especially of those who are either sitting or standing close to the smoker. This truly explains as to why millions of people like me just left no stone unturned in building strongest pressure on Government to finally ban smoking in public places and our voice found the best representative in our Union Health Minister, Dr. Anbumani Ramadoss who is leading this whole relentless endeavour for saving the non-smokers from the evil effects of smoking.

It is most heartening to see that the Supreme Court paved the way for implementation of the centre's notification banning smoking in public places from October 2, 2008 , coinciding with the birth anniversary of Mahatma Gandhi. A b ench consisting of Justice BN Agrawal and Justice GS Singhvi, while refusing to stay the notification dated May 30, 2008 , transferred to the Supreme Court the four writ petitions filed by the ITC, the Indian Hotels Association and two others in the Delhi High Court challenging the notification. The Bench in its brief order, said: “In all these transferred cases, having given our anxious consideration of the entire matter, we are of the view that it is not a fit case for grant of interim relief. Accordingly, the prayer for staying implementation of p rohibition of Smoking in Public Places Rules, 2008 is rejected.” It also made it clear that, “no court in the country can pass any order which is in derogation of this order.” The pleas of senior counsels, Harish Salve, Arun Jaitley and Rohinton Nariman, who opposed the Rules contending that the enforcement of the notification would result in Inspector Raj and needless harassment, was turned down.

As per the notification GSR 417(E) dated 30 May, 2008 , the Central Government has revised the rules relating to ‘Smoking in Public Places‘ w.e.f. 2 nd October, 2008 . The salient features of the rules include:-

1. Smoking is strictly prohibited in all public places. “ Public Place ” includes auditoriums, hospital buildings, health institutions, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances, stadiums, railway stations, bus stops, workplaces, shopping malls, cinema halls, refreshment rooms, discotheques, coffee houses, pubs, bars, airport lounges, etc.

2. Any violation of this Act is a punishable offence with fine up to Rs. 200.

3. However, a hotel having thirty or more rooms or a restaurant having seating capacity of thirty persons or more and airports may provide/have a separate smoking area or space, as required by the Rules.

4. The owner, proprietor, manager, supervisor or in-charge of the affairs of a public place shall ensure that:

(a) No person smokes in the public place (under his jurisdiction/implied).

(b) The board as specified in Schedule II of the Rules, is displayed prominently at the entrance (s) of the public place and conspicuous place(s) inside.

(c) No ashtrays, matches, lighters or other things designed to facilitate smoking are provided in the public place.

5. The owner, proprietor, manager, supervisor or in- charge of the affairs of a public place shall notify and display prominently the name of the person to whom a complaint of any violation may be made.

6. If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to act on report of such violation, the owner, proprietor, manager, supervisor or the authorized officer shall be liable to pay fine equivalent to the number of individual offences.

Here, it must be pointed out that roads and inside a car with windows rolled up are not listed as public places. However, if some one breaks the bar, complaint can be immediately made to the police officers, all gazetted officers, hospital administrators, teachers, health officials and nodal officers of State/ district anti- tobacco cells.

Let's not forget that there are 120 million smokers in India . 3,000 people die everyday of tobacco use. Smoking 1-7 bidis a day increases risk of death by one-third, smoking 1-7 cigarettes a day doubles death risk. Only 2 per cent. adults have quit smoking. The evils of second-hand smoke are as follows:-

1. It causes one in eight tobacco- related deaths.

2. It produces six times the pollution of a busy highway in a crowded restaurant.

3. It causes thirty times as many lung cancer deaths than all regulated pollutants combined.

4. It causes wheezing, coughs, colds and asthma attacks.

5. It pollutes air and exposes 700 million children — almost half of the world's children – to tobacco smoke.

The WHO Report on the Global Tobacco Epidemic 2008 says:

“There is clearly no safe level of exposure to second–hand smoke…..exposure can risk of heart attacks by 25-30 per cent. and the risk of lung cancer in non-smokers by 20-30 per cent.” According to the Indian Council for Medical Research, tobacco kills over 1 million people in India each year and 3000 every day. From all these data we can ourselves imagine as to how injurious and dangerous smoking is not only for our own health but also for the health of others and our entire environment.

Children in smoking homes are among the worst affected because it is a fact that their higher breathing rates cause them to inhale higher amounts of tobacco smoke which is most injurious for their normal growth and development and which certainly even smokers cannot deny or run away from because it is a harsh truth. “A child who spends one hour in a smoky room inhales dangerous chemicals equal to smoking 10 or more cigarettes. In India , 40 per cent. children aged 13-15 years are exposed to second hand smoke in public places”, says Dr. Ramadoss.

His relentless and sincere efforts are certainly very commendable but one man alone cannot enforce rules. Ban on smoking in public places must be implemented indiscriminately and uniformly by all the law enforcing agencies because until and unless rules are strictly enforced everywhere, just creating rules on statute books won't serve any relevant purpose for which they are enacted. People will flout openly all norms and regulations unless they are held accountable and penalized for flouting rules. Above all, people must themselves realize that these rules have been enacted for their benefit only and so it is their duty to follow these rules and regulations because no law can be implemented successfully unless people cooperate fully in this direction.

The much hyped ban on smoking in public places has failed to kick off in a majority of s tates. Ever since October 2, when the ban formally came into force only eight s tates/UTs have started imposing fines on those caught violating the law. Repeated reminders by the Union h ealth m inistry to large States like West Bengal and Maharashtra to implement the ban in totality has failed to evoke any response. In the ministry's latest State-wise evaluation of fines collected, four States/UTs - Tamil Nadu, Delhi , Gujarat and Chandigarh - have been found to be aggressively spearheading the campaign. Tamil Nadu has fined 5710 smokers collecting Rs. 7.18 lakh as fine since October 2 followed by Delhi which has challaned 2084 individuals and collected Rs. 2.86 lakh as fine. Even though Gujarat started challaning only in November, it has taken to task 285 smokers and collected Rs. 84000. While Chandigarh has fined 920 violators, Kerala has challaned 500 smokers and Mizoram 245. Andhra Pradesh has collected Rs. 1.17 lakh as fine. Goa and Sikkim have put their ban enforcing authority in place and have started challaning smokers from January 1. Jharkhand and Nagaland are in the process of developing the enforcement mechanism.

These Rules are certainly a positive and forward step in the right direction but a lot more needs to be done in this direction on a war footing to really control the increasing level of chain smokers in our country. Just imposing a fine and that too nominal – a princely sum of Rs.200 is nothing more than an eyewash and it won't matter even slightly to those who are very rich. It is only the poor people who will feel the burden of Rs. 200 and therefore I do support the ban on smoking in public places but I consider the fine imposed as discriminatory and less effective. Our Government must launch more awareness campaigns of the adverse side effects of smoking in the longer run on not only the whole human body but also on the global environment because more than law it is the awareness which can go a long way in helping to restrict the increasing number of chain smokers in our country.