HIGHEST NUMBER OF PEOPLE FINED IN TAMIL NADU

To strengthen the reporting mechanism of violations of smoke free rules and to encourage non-smokers and public at large to report violations under the Revised Smoke-Free Rules, Ministry of Health and Family Welfare has launched National Toll Free Help line No. 1800-110-456 (24×7) which is now operative throughout the country. All the violations on smoke free rules may be reported on this number, which is accessible from any place in the country. There is provision to make complaints vide this help line and information is also provided about the provisions under the rules e.g. what all places come under the definition of ‘public place’, what is open space, where smoking is not prohibited, what is the amount of fine, where to report violations etc.

More than 1600 violations have been reported on the help line from all over India till March 2009.

The instances of violations reported to this help line are passed on to the concerned states to take appropriate action as per the law and there is provision of follow up action taken also.

At present Chandigarh is the only smoke free city in India. Delhi (2009), Chennai (2010), Ahmedabad (2010) and Mumbai (2010) are the other cities proposed to become smoke free. Some states like Jharkhand and Sikkim are also working towards becoming ‘smoke free’.

Number of violations reported on smoke free rules in different states/UTs are as below:-

Status of challans issued till March 2009

Sl. No.

Name of the State/UT

No. of People fined

Amount collected (INR)

1.

Delhi

3671

3,85,964

2.

Tamil Nadu

9648

11,42,950

3.

Gujarat

393

1,17,680

4.

Karnataka

2465

1,15,398

5.

Chandigarh

1177

(Till Dec 08)

Different authorized people are collecting the fine and depositing in the designated court

6.

Goa

238 challans

(in Jan and Feb’ 09) under the Goa state’s Act on tobacco control

—–

7.

Andhra Pradesh

-

1,40,000

(till Dec’ 08)

8.

Maharashtra

-

5,79,925

(FDA has done the challaning)

9.

Mizoram

1173

(Till Feb ’09)

32,245

10.

Uttar Pradesh

21

3970

11.

Kerala

130

(Till December 08)

NA

12.

Rajasthan

9

NA

13.

Assam

Nil

Nil

14.

Madhya Pradesh

Nil

Nil

15.

West Bengal

Nil

Nil

India is the second largest consumer of tobacco products in the world. The smoking forms of tobacco in use are beedies, cigarettes, cigars, cheroots, chuttas, dhumti, pipe, hooklis, chillum, hookah type. The smokers forms of tobacco are gutka, zarda, paan, paan masala, mawa, khaini. In India beedi smoking is the most popular form of tobacco smoking.

Second Hand Smoke (SHS) is equally harmful as smoking. It contains more than 4000 chemicals, many of which are cancer-causing substance (carcinogenic). It is known to cause various diseases and premature death in children and adults. It causes lung cancer, heart disease, bronchitis, asthma, sudden infant death syndrome, low birth and still birth.

National Family Health Survey-III, 2005-06, indicates high prevalence rate of tobacco usage with 57% males and 10.9% females consuming tobacco in some form or the other. Tobacco use among men and women in rural areas is more as compared to urban areas. The prevalence rate of tobacco usage in northeast region is highest in the country. Global Youth Tobacco Survey (GYTS), 2006 indicates that 14.1% students in the age group of 13 to 15 years use some form of tobacco.

Every year 8-9 lakh Indians die because of tobacco related diseases. Almost 40% of all health problems and 50% of all cancers are related to tobacco use in the country.

The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of trade and Commerce, production, Supply and Distribution Act, 2003 was enacted in May 2003 mainly to discourage the consumption of cigarettes and other tobacco products. This Act is applicable to the entire country. The salient features of this legislation include:

· Ban on smoking in public places

· Ban on sale of tobacco products to minors

· Ban on direct and indirect advertisements of all tobacco products

· Ban on sale of tobacco products within a radius of 100 yards of educational institutions.

· Specified health warnings on tobacco products

The Revised Smoke free Rules came into effect from 2nd October, 2008. The main provisions of the revised rules are as follows:-

a. “Public Place’ as defined in the rules means, any place to which the public

has access whether as or right or not, and includes Auditoria, Hospital Buildings, Health Institutions, Amusement Centre, Restaurants, Hotels, Public Offices, Court Buildings, Educational Institutions, Libraries, Public Conveyance, Open Auditoria, Stadia, Clubs, Hookah, Bars (where smoking takes place). Railway Stations, Bus Stops, Workplaces, Shopping Malls, Cinema Halls, Refreshment Rooms, Discotheques, Coffee House, Pubs, Bars, Airport Lounges. But public place does not include open space e.g. Parking space, roads, open market places, parks, private homes etc.

b. Any violation of this act is a punishable offence with fine upto Rs. 200.

c. Display of warning board of a minimum size of 60 cm by 30 cm with the message “No Smoking Area –Smoking Here is an Offence” is mandatory.

d. The owner, proprietor, manager, supervisor or in-charge of the affairs of a public place shall notify and display the names of the persons to whom a complaint may be made.

e. If the owner, proprietor, manager, supervisor or the authorized officer of a public place fails to act on report of such violation, the owner, proprietor, manager, supervisor or the authorized officer shall be liable to pay fine equivalent to the number of individual offences.

f. The owners, proprietor, manager, supervisor or in charge of the affairs of a hotel having thirty or more rooms or restaurants having seating capacity of thirty persons or more and the manager of the airport may provide for a separate smoking area or spaces as per specific provisions under the rules.

Many of the states have already put in place a mechanism of issuing challans under the rules, other are in the process of doing so. Regular reporting is done by the states in respect of the number of challans issued for violations i.e. smoking in public place.

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