SC bans smoking in public places

By J. Venkatesan

NEW DELHI, NOV. 2. In a significant order concerning the health of the citizens, the Supreme Court today ordered a ban on smoking in public places throughout the country with immediate effect.

A Bench comprising Mr. Justice M.B. Shah and Mr. Justice R.P. Sethi, passing this order on a public interest petition filed by the Congress leader, Mr. Murli S. Deora, directed the Centre, the States and the Union Territories to issue orders notifying the ban.

The public places included government buildings, courts, public transports, railways, hospitals, community halls, stadia, educational institutions and public libraries.

The Bench also directed the Commissioners of Police of Delhi, Mumbai, Chennai, Kolkata, Bangalore and Ahmedabad to comply strictly with the provisions of the Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975, relating to the sale, supply and distribution of cigarettes. They were also asked to submit status reports of action taken against cigarette manufacturers violating the advertising code.

The Bench made this order on a suggestion from the petitioner's counsel, Ms. Indira Jaising, after the Attorney- General, Mr. Soli Sorabjee, appearing for the Centre, agreed with the suggestions.

According to the petitioner, despite the 1975 Act being in force, the implementing authorities had failed to take note of this and the health of a large number of people was affected because of misleading advertisements and publicity for smoking cigarettes.

Ms. Indira Jaising, counsel, during the last hearing had said statutory warnings should not only be conspicuous but also indicate that smoking was harmful to health and was likely to cause heart disease or lung cancer. To this, the court recorded the statement made on behalf of three leading cigarette manufacturers that they would voluntarily increase the size of the warning in advertisements appearing in magazines and newspapers, handbills/leaflets, within three months, and in wall paintings in six months. The court asked them to implement the voluntary offer.

The court also observed that considering the harmful effects of smoking, the provisions of the 1975 Act were required to be strictly implemented and complied with by the manufacturers, suppliers or traders of cigarettes. The petitioner had also sought a direction from the court for banning the sale of cigarettes and tobacco products to persons below the age of 18.

The court adjourned the matter for six weeks to get reports from the Police Commissioners and also to hear other prayers of the petitioner.

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