What can a Civilian Do Regarding Smoking in Public?

smoking in public area is prohibited.  You have to lodge a complaint before the concerned police

Hey,

Your question is regarding smoking in public places. The harmful and dangerous effects of smoking in public was recognized by the Hon’ble Supreme Court in the year 2001 during the case of Murli S. Deora v. Union of India. The ill effects of passive smoking and absence of any statutory provision regarding this problem was also recognised by the Supreme Court in this case.

The Supreme Court in its decision banned smoking in public places like auditoriums, hospital buildings, public offices, railways, court buildings, libraries, educational institutions, health institutions and other place of public use.

There cannot be any smoking place in public places as all the public places have to be smoke-free. But, there are some provisions under which a smoking area can be provided by the owners, proprietors, manager, supervisor or the person in-charge of affairs at places like hotels and restaurants. The hotel must contain more than 30 or rooms and the restaurant should have seating capacity of 30 or more than 30 people. The service of smoking area at any airport can also be provided to the passengers by the manager of the airport but some specific guidelines for that have to be followed.

The Public Places without the signage of the board of “No Smoking” is considered as violation under the Cigarettes and Other Tobacco Products Act.

A concerned citizen can file a complaint to the respective police station. All the offences which are Punishable under COPTA are bailable. The cases are tried in accordance with the Code of Criminal Procedure, 1973. The wrong done under this COTPA is taken as Compoundable and tried according to the provisions of the summary trials.

Hope this answers your query!

Regards

Palak Singh