“Your life is worth more than a cigarette.”
India is a home for more than 12% of world smokers. Smoking posses significant health risks worldwide including chronic diseases such as cancer, heart attacks, strokes and Asthma.
What are effects of smoking in Public?
It is true that smokers have the right to smoke, and these rights should not be infringed. However, the non-smokers also have the right to breathe clean air while they are in public. This creates a conflict of rights between the smokers and the non-smokers! This also raises questions about laws in a public place.
What is a public place?
A public place is places that are accessible and open to the general public. These places are generally owned and maintained by the city government. For example, a Library, Park or Roads, maintained by the government for the benefit of the whole public.
What are the instructions for a public place?
- Public places must display a “No Smoking” sign on a white board, 60 cm long and 30 cm wide, with a warning in English and one Indian language.
- The board showing “No Smoking” should be displayed at entrances, prominent buildings, and on all floors, including staircases and lifts.
- A designated officer must be notified on the board to report smoking violations.
- Keepers must ensure no smoking-friendly items are provided at public places.
Is smoking in public an offence?
Smoking in public portrays a bad example, children can get easily influenced through observing. Smokers generally throw their cigarettes in public, wherever they are and that is detrimental to the environment because they take a long time to decompose.
What is the legislation against public smoking?
Section 4 of COTPA– prohibits anybody from smoking in a public place.
What happens if officers catch you smoking in public?
Section 278, IPC– There can be no doubt that smoking in a public place will vitiate the atmosphere so as to make it noxious to the health of persons who happened to be there. Therefore, smoking in a public place is an offence punishable. The punishment for the offence is a fine which may extend to
Rs. 500/-
Smoking is prohibited on Indian Railways, if someone violent they may be penalised with RS 200 and if they do so even after penalised, may be detained.
Separate Smoking Areas-A simple Solution.
- There should be sperate smoking areas in public places like Restaurants hotels and Airports.
- The areas should be distinguished with a board showing “Smoking Area”
- The area made for the smoking must be fully four-walled and separated from the main building.
- The entrance gate must have automatically closing doors and the building should have a good airflow system which directs air towards outside and it must not mix with any other buildings nearby.
- The building should have an exhaust ventilating system and air cleaning system. They should be installed in such a manner that air should not permeate into the non-smoking areas of the building.
Public smoking was made illegal in 1991 by the Kerala High Court, violating Article 21 of the Constitution. Smoking is the second largest reason for early death and disability, so it is a major point of concern for all the countries across the globe. The demand for removal of designated smoking zones from hotels, restaurants and airports is also on rise and the recommendation has been accepted by the government.