India court bans smoking in public places (fwd)

[Robert Weissman <rob@essential.org>]

The source on the following story, as on some others I send out, is not
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Robert Weissman
Essential Information			|   Internet:	rob@essential.org

HC bans smoking in public places

KOCHI,  JULY 12. A Division Bench of the Kerala High Court  today 
banned smoking in public places by declaring ``public smoking  as 
illegal,  unconstitutional  and violative of Article  21  of  the 
Constitution.''

The  Bench  comprising  the  acting  Chief  Justice,  Mr.  A.  R. 
Lakshmanan,  and  Mr.  Justice  K.  Narayana  Kurup,  held   that 
``tobacco smoking'' in public places (in the form of  cigarettes, 
cigars, beedies or otherwise) ``falls within the mischief of  the 
penal provisions relating to public nuisance as contained in  the 
Indian  Penal  Code and also the definition of air  pollution  as 
contained  in  the  statutes  dealing  with  the  protection  and 
preservation   of  the  environment,  in  particular,   the   Air 
(Prevention and Control of Pollution), Act 1981.''

Public   places   would   include   ``educational   institutions, 
hospitals,  shops, restaurants, commercial establishments,  bars, 
factories,  cinema theatres, parks, walkways, stadium, places  of 
amusement,  bus  stops, bus stations, railway  stations,  railway 
compartments, buses and other public transport vehicles, highways 
or any other places where people congregate.''

The  Bench  directed district Collectors to promulgate  an  order 
under  Sec.  133(a) of the Criminal  Procedure  Code  prohibiting 
public  smoking within a month from today and asked the  Director 
General  of Police to issue instructions to his  subordinates  to 
take  appropriate measures, treating the Act as coming under  the 
definition  under Sec. 268 of IPC by filing a complaint before  a 
competent magistrate court.

The  Bench  issued  the  directions  while  allowing  two  public 
interest writ petitions filed by Ms. Mariyamma Kokkad, Professor, 
English  Department of BCM College, Kottayam, and another  person 
against public smoking.

The  court quoting studies of the Indian Medical Association  and 
the  Indian Academy of Paediatrics said one million Indians  died 
every  year  from tobacco-related diseases. The Judges  said  the 
dangers  of passive smoking are ``broader than once believed  and 
parallel to those of direct smoke.''

The  Bench pointed out that India was one of the  signatories  to 
the  WHO resolution which urged member countries to  formulate  a 
comprehensive national tobacco control strategy. 

The  Bench  opined  that  under Sec.  133  of  the  Cr.P.C.,  the 
executive  magistrates (Collectors) had been empowered  to  issue 
orders against nuisance or obstruction in public places. If  such 
an order was passed by the Executive Magistrates, any person  who  
disobeyed  the  order was punishable under Sec. 188 of  IPC.  The 
punishment  included six months imprisonment or with  fine  which 
might extend up to Rs. 1,000 or both.

Therefore,  after  promulgation  of an order  under  Sec.  133(a) 
Cr.P.C.,  if any person was found smoking in a public place,  the 
police could arrest him without a warrant.