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Anil Maadam   11 November 2023

Smoking in the balcony illegal in a society

Hello, 

I am the resident owner in one of the prominent society in Bangalore. I had couple of queries and request the expert understanding as per the Indian law.

1. Is smoking in the balcony attached to the living room illegal ? It's on 10th floor btw 

2. If it's illegal in the balcony, should the society have dedicated smoking zone within the campus? 

Thanks for assistance. 



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2023

 an apartment or any part of it (including the balcony) constitutes private property.

Hence, smoking in one's own balcony cannot be objected.

Whether or not you can smoke on your apartment balcony depends on the laws and regulations in your specific location.

In general, smoking on a private balcony is not considered a public place, but some apartment complexes may have rules against smoking on balconies or other outdoor areas.

Additionally, your neighbors may have the right to complain about passive smoking  if it is affecting their health.

It's always a good idea to be considerate of your neighbors and try to find a compromise that works for everyone.

Dr. J C Vashista (Advocate )     12 November 2023

Well advised by expert Mr. T Kalaiselvan.

Smoking cannot be restricted in a resident's balcony of his / her own flat.  If so, raise your objection with management.

Laxmi Kant Joshi (Advocate )     12 November 2023

Resident balcony is not a public place therefore it's not come under any offence and hence smoking can't restricted in one's private balcony.

Anil Maadam   12 November 2023

Thanks all. Appreciate your responses. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 November 2023

A balcony is private premises belonging to the flat owner. Hence the flat owner can smoke there. But if the archetecture of the building is such that smoking in the balcony affects outsiders, then there can be objection. From the statement it appears that the Society has no objection for smoking in any other part of the flat. So I suspect that they may be a reason for banning smoking in the balcony. An opinion can be given only after hearing the Society also.

P. Venu (Advocate)     17 November 2023

What is the context for this query?

sandip deokar   26 June 2024

All other countries like USA, Australia and Europe banned smoking in apartment. Specially outside smoking zone created away from from public....

https://www.tobaccoinaustralia.org.au/chapter-15-smokefree-environment/15-6-domestic-environments#:~:text=While%20smoking%20is%20banned%20in,generally%20exempt%20from%20these%20bans. (Australia bans smoking at home)

https://www.sciencedirect.com/science/article/abs/pii/S0749379711006763 ( USA bans smoking at home)

 

Infact, many countries planning total smoking ban like new zealand

https://www.google.com/amp/s/www.news.com.au/lifestyle/health/australia-could-follow-nz-on-total-smoking-ban/news-story/7d4e0a1aa2a4dcf52f7ea6444ad2b6be%3famp

Society is also public place as many members are staying there. What's private space for a  person when has independent villa.

Apartment or society can't be called private space then it can't be society. It's surprise to see in our  law smoking is not allowed near school college hospital and theator(appx 10 meter)  but same kids, students or patients at home then smoking allowed under private space name. It's not logical thought and its expected our lawyers should take ownership to attempt to change in a law instead of pointing our legacy laws.

We should see how outside world is thinking on such cases. Our lawyers should take ownership and do good for countries benefits after knowing  it's wrong. Apart from that knowing health impact, it's possible to prove in courte about right and wrong.

Government taking big action on vehicle pollution but they forgot incense stick is also (Agarbaati) biggest cause of pollution in india as it's generate lots of chemical at home.

https://www.thehealthsite.com/diseases-conditions/side-effects-agarbattis-incense-sticks-278141/

https://www.healthline.com/health/is-incense-bad-for-you

Considering our( India)  population (144 crore), every home, using one stick at home and outside home two times in a day (4 sticks in a day). How it's impacting all over India and contribute pollution considering above health conditions. 

Incense smoke (fumes) contains particulate matter (PM), gas products and many organic compounds. On average, incense burning produces particulates greater than 45 mg/g burned as compared to 10 mg/g burned for cigarettes. The gas products from burning incense include CO, CO2, NO2, SO2, and others.

Key Takeaways 

India should ban Smoking and incense stick at home or apartments. World is focussing on green planet or clean energy along with electric vehicles or hydrogen vehicle and other side loosing focus where impact incense stick and cigarettes contributes biggest pollution to world or India.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 July 2024

If what Mr. Sandip Deokar says has to be achieved at first there should be a ban on the manufacture and import of products like cigarettes, incense sticks etc. Once there is such a ban, ban on use of such materials in public place or private space is automatic. Will such bans work in practice? They may not. But their use will get drastically reduced. And that is what we want. With a Prime Minister going from temple to temple and it being widely telecast, is a ban on incense sticks possible?


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