Goa's (India) green Act to send tobacco units' future up in smoke

[Robert Weissman <rob@essential.org>]

Goa's green Act to send tobacco units' future up in smoke
by Sandesh Prabhudesai / in Panaji
Source: Rediff on the Net, Saturday, 9/11/99

Tobacco units' future to go up in smoke as Goa enacts green Act

Enjoy Goa, ah, but be careful! No smoking, spitting or chewing tobacco in
public places now. That may invite fines and make you poorer by thousands
of rupees.

Of course, the amount of fine -- which ranges between Rs 1,000 to Rs
10,000 and even imprisonment up to three months -- depends on whether the
offence is the first one, second, third or a repeated one.

It's a good news for those who consider smoking or chewing tobacco in
public places is a nuisance. On August 18, K R Narayanan, the President of
India, had given his assent to the bill the state legislature had passed
in July 1997.


The bill is now back to the state government, awaiting a notification. The
top bureaucrats appear to be in agreement with the National Organisation
of Tobacco Eradication to bring it in force from October 2 -- Gandhi
Jayanti or the birth anniversary of Mahatma Gandhi -- when the tourist
season just begins.

Pending assent from the governor after it was unanimously passed by the
last assembly, the government had referred the Goa Prohibition of Smoking
and Spitting Bill to the President, claiming that it clashes with the
guidelines laid down in the central legislation regarding advertising.

Subsequently, the Tobacco Institute of India had also demanded a review of
the Goan legislation, based on a Supreme Court verdict upholding
principles of freedom of commercial expression, consumer's right to
information and right to smoke.

Clearing all the hurdles, the total bill now appears to have been
converted into an Act, the first of its kind passed in the country. It is
much more than the Act existing in Delhi and the high court directive
which is in force in Kerala.

In Delhi, only notices, circulars, wall papers, pamphlets, displays,
hoarding or visible representation of any light, sound or gas, etc, are
banned. But the Goan Act bans advertising in the form of writing
instruments, stickers, symbols, colours, logos, trade marks, displaying it
on T-shirts, shoes, sportswear, caps, carry bags, telephone booths, etc.

While not displaying "no smoking zone" boards in public places would be a
cognisable offence, stringent fines would also be levied for advertising
or attempting to promote smoking or chewing tobacco, including gul,
tobacco paste, pan masala, zarda or ghutka.

It also bans sale of cigarettes to minors or selling, distributing and
storing it in the close vicinity of a school or place of worship. Its
implementation is going to be a headache for the state administration as
most of the prime market places in almost all Goan villages are located
either near places of worship or educational institutions.

"Panchayat authorities should shift them away in the villages while all
small shops around such places in the cities should be shifted," feels
Sharad Vaidya, chairman, NOTE. He, however, expects an intensive awareness
campaign for some period before starting actual action.

Besides public transport, the places of public use consist auditoria,
cinema/conference/ seminar halls, hospitals, health institutions,
amusement centres, restaurants, eating houses, hotel lounges, other
waiting lounges, public offices, court buildings, educational
institutions, libraries, bus stands, ferry boats, places of worship,
sports stadia and even beaches.

The Act also authorises recognised non-government organisations to file
complaints before the court for violation of the provisions in the
legislation. With total ban on all kind of sponsorships, Goa's famous
carnival floats as well as dances and beat shows would now have to do
without their regular sponsors -- the tobacco companies.

Besides ban on smoking or chewing tobacco, the Act also bans spitting,
which means voluntary ejection of saliva from the mouth after chewing or
without chewing and ejection of mucus from the nose after inhaling snuff
or without inhaling.

The Act authorises any police officer not below the rank of a
sub-inspector and even a driver/conductor of a public service vehicle to
eject any person who contravenes any provisions of the Act.

Besides publicly thanking the President of India, Vaidya has also thanked
I K Gujral, former prime minister, for following up the matter in New
Delhi persistently, to make the historical legislation a reality.