Nine years after the implementation of rules against smoking, which came into effect on October 2, 2008, ₹16,99,05,469 have been collected by the government as fines for violating the norms.
This, as per information given to the Parliament by the Ministry of Health and Family Welfare.
According to the data available, challans were issued to and fines collected from 12,74,638 people during the period from April 2013 to March 2017 for violating Section 4 of Cigarettes and Other Tobacco Products Act (COTPA, 2003), i.e smoking in public places.
Warning signs
The law defines ‘public place’ as any place to which the public has access, whether as of right or otherwise, and includes all places visited by the general public. Boards containing the warning ‘No Smoking Area — Smoking Here is an Offence’ has to be displayed prominently at the entrance of public places.
Fines were also collected under various other Sections, including illegal advertising/sale around educational areas. Meanwhile, the Ministry of Health and Family Welfare recently issued a notification banning the use of hookah services in dining areas. It also issued a letter to all State Chief Secretaries of the State on developing a mechanism to provide permission/authorisation through Municipal Authorities by making a provision that retail shops authorised for selling tobacco products cannot sell any non-tobacco products.
COTPA rules
“The COTPA, enacted in 2003, is applicable to the entire country and is aimed at discouraging the consumption of cigarettes and other tobacco products by imposing progressive restrictions and to protect non-smokers from second-hand smoke. The implementation of COTPA is best done when the system/mechanism is institutionalised,” said a senior official in an anti-tobacco advocatory group.
Prohibition on smoking in public spaces and all forms of direct/indirect advertisement, promotion and sponsorship of tobacco products, ban on sale of tobacco products to minors and within a radius of 100 yards of educational institutions, and mandatory depiction of specified health warnings on all tobacco products are the major provisions of COTPA.
As per the Section 12 of COTPA, any police officer, not below the rank of the sub-inspector can take action against these violations.
