[Intl-tobacco] India: Supreme Court bans smoking in public places (fwd)

[Robert Weissman]

SC bans smoking in public places
Source: The Times of India, 2001-11-02NEW DELHI: 

In a major boost to public health and a stinging blow to the cigarette
industry, the Supreme Court on Friday directed all states and Union
Territories to immediately issue orders banning smoking in public places
and public transports, including railways.

Hearing a PIL against smoking filed by Maharashtra Congress leader Murli
Deora, a bench, comprising Justice M B Shah and Justice R P Sethi, also
asked the Commissioners of Police of Delhi, Mumbai, Chennai, Kolkata,
Bangalore and Ahmedabad to submit status reports of action taken against
cigarette manufacturers the violating advertising code.

The order banning smoking in public places would include hospitals, health
institutes, public offices, public transports including railways, court
buildings, educational institutions, libraries and auditoriums, the court
said.

The order was passed by the Bench after a suggestion to this effect was
given by petitioner's counsel, senior advocate Indira Jaising. Attorney
General Soli Sorabjee, representing the Union Government, agreed with the
suggestions.

The State Governments of Delhi, Goa and Rajasthan have already enacted
laws banning smoking in public places, while the Centre is in the process
of enacting an anti-smoking legislation. The Bill to this effect placed
before Parliament by the Centre has been referred to a Parliamentary
Select Committee.

Highlighting the ill-effects of smoking, the petitioner had sought banning
of smoking in public places and also creation of an anti-tobacco fund to
give medical help to the victims of tobacco.

Deora, in his petition, has sought a direction from the court to the
cigarette and tobacco product manufacturing companies to contribute for
the creation of the fund.

Jaising had, during earlier arguments, highlighted the blatant violation
of the advertisement code by cigarette manufacturers in putting bill
boards on the roadside as well as in advertisements through other media.

She had contended that the statutory warnings, as per the advertisement
code, had to be given in a certain size to keep the public aware of the
harmful effects of smoking. However, generally the statutory warning was
given in such small print that it evades readers' attention.

The petitioner had also sought a direction from the Court for banning sale
of cigarettes and tobacco products to persons below the age of 18 years to
check abuse by children.

The Court adjourned the matter for six weeks to get report from the
commissioners of police and also to hear other prayers of the petitioner.
( PTI )