The ban on lighting up rolled tobacco in public places came into effect from with hotels, restaurants, pubs, offices and even the international airports becoming out of bounds for smokers.
NEW DELHI: The ban on lighting up rolled tobacco in public places came into effect from Thursday with hotels, restaurants, pubs, offices and even the international airports becoming out of bounds for smokers.
The ban will also cover even hookah bars and pubs as well as private offices and public places like bus stops.
Union Health Ministry issued a notification for the ban under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution), Act 2003.
Though Health Minister Anbumani Ramadoss had written letters to Chief Secretaries, Chief Ministers and Governors of all the states, some states like Bihar and Maharashtra have expressed their inability to implement the ban.
However, governments of Jharkhand, Delhi and Chattisgarh have already extended the ban in their states.
The ban has evoked mixed response from smokers and non-smokers with some calling it a "draconian" measure while others consider it a "god-send" gift that may help them in bringing down the intake of nicotine and reduce cutting a hole in their wallets.
"It is good for smokers, at least they will smoke less. It is good for the pocket as you buy less cigarettes as well as for your health," says Chandrakumar, who could not quit smoking despite taking several "New Year resolutions".
A top official with a Central Ministry, who requested anonymity, says it is a "god-send gift" which would help him quit the habit of lighting up rolled-up tobacco whenever he is in stress.
The Centre, meanwhile, is also not "so sure" about the implementing agencies of the ban. While anybody can complain to authorities concerned if a person is found smoking, there is no hard and fast rule as to where the Rs 200 fine would be deposited.
Union Health Minister Ramadoss, however, said the states have been given two options -- one is to use the money for tobacco control programme and the other is to deposit it in the state treasury in line with the fine amounts for traffic violations.
The Health Ministry notification, which was brought out on May 30, was challenged in many high courts by the ITC as well the Hotel Association of India following which the Health Ministry approached the Supreme Court submitting before it to hear all the cases at one time.
Hearing the petition, the apex court refused to stay the Central government's notification on the ban on smoking in public places from October two.
A Bench, headed by Justice B N Agarwal, while refusing to stay the notification dated May 30, 2008, also transferred four petitions challenging the ban. The petitioners had alleged that the notification made no distinction between private space and public space and it may create problems.
But not all smokers are amused by the move. "This is a senseless and draconian ban. When you are stressed during work and you just want to de-stress yourself. Now, you have no other option," Rajiv Kumar, a software engineer, says.
Pub and restaurant owners also feel that the government rushed into such a measure without giving enough time for them to arrange space for "smoking zones".
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