I was visiting my favorite restaurant in south Mumbai along with a couple of my colleagues. We were the first customers ushered to the mezzanine floor which was surprisingly partitioned into a smoking and a non-smoking area but not clearly indicated anywhere. We had no clue about it until we found a lady bellowing smoke sitting behind us. I signaled the steward bringing my apathy to his attention but he’d only shrug in helplessness. So we continued with our lunch and the bonus passive smoking. However when I visit the place next time I am going to be the one shrugging vehemently at the steward.
This is because the Union Ministry of Health and Family Welfare has framed what is called the Prohibition of Smoking in Public Places Rules, 2008 [Section (4) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003] for the benefit of protecting non-smokers. This came into effect from October 2, 2008 and prohibits smokers from lighting up in public spaces such as restaurants, hotels, discotheques, bars and pubs, auditoriums, work places both public and private, government institutions, public conveyances, airports, libraries, educational bodies, cinema halls, hospitals, amusement centres, court buildings, coffee houses and stadia. A violation of this act is a punishable offence with fine upto Rs. 200. About hotels and restaurants that can accommodate 30 or more guests, it can be allowed to have a smoking area but there are riders as stipulated in the rules:
(e)”smoking ares or space” mentioned in the proviso to Section 4 of the Act shall mean a separately ventilated smoking room that:
i) is physically separated and surrounded by full height walls on all four sides;
ii) has an entrance with an automatically closing door normally kept in close position;
iii) has an air flow system, as specified in schedule I,
iv) has negative air pressure in comparison with the remainder of the building.
Furthermore, to ensure that the owners do not blindly comply to the order asking for a “separate area”, Section 4 (2) of the Act states:
A smoking area or space shall be used only for the purpose of smoking and no other service(s) shall be allowed.
Signs that indicate smoking is prohibited in the public spaces must be displayed prominently at all the areas designated as “public space” from here on. Schedule II of the rule states:
1. The board shall be of a minimum size of 60 cm by 30 cm of white background.
2. It shall contain a circle of no less than 15 cm outer diameter with a red perimeter of no less than 3 cm wide with a picture, in the centre, of a cigarette or beedi with black smoke and crossed by a red band.
3. the width of the red band across the cigarette shall equal the width of the red perimeter.
4. The board shall contain the warning “No Smoking Area – Smoking Here is an Offence”, in English or one Indian language, as applicable.
This should be read along with Rule 3(b) which also speaks about the display of the board:
The board as specified in schedule II is displayed prominently at the entrance of the public place, in case there are more than one entrance at each such entrance and conspicuous place(s) inside. In case if there are more than one floor, at each floor including the staircase and entrance to the lift/s at each floor.
This could effectively put an end to smoking at public places which tends become a nuisance more often than not. You can visit the Union Ministry of Health website and download the Prohibition of Smoking in Public Places Rules, 2008 (PDF format) for your perusal if you’re a non-smoker wanting to join the revolution against smoking.
