Our Correspondent
Kohima | April 26
Chief Judicial Magistrate Kohima, Mezivolu T. Therieh today called upon the departmental law enforcement officers of the state to work concertedly for effectively implementation of COTPA in Nagaland.
Talking on Tobacco Control Act (COTPA 2003) at the state level advocacy workshop on tobacco control for departmental law enforcement officers here today at the Directorate of Health & Family Welfare, Therieh said Tobacco Control Act (COTPA 2003) is an Act to prohibit the advertisement of, and to provide for the regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products and for matters connected, implement the measures to ensure that effective protection is provided to non-smokers from involuntary exposure to tobacco smoke or incidental thereto discourage the use of tobacco and impose progressive restrictions and take concerted action to eventually eliminate all direct and indirect advertising, promotion and sponsorship concerning tobacco;
It is considered expedient to enact a comprehensive law on tobacco in the public interest and to protect the public health; to prohibit the consumption of cigarettes and other tobacco products, which are injurious to health with a view to achieving improvement of public health in general as enjoined
She said Tobacco was introduced in India by Portuguese barely 400 years ago during the Mughal era.
Mainly due to a potpourri of different cultures in the country, tobacco rapidly became a part of socio cultural milieu in various communities, especially in the eastern, north eastern and southern parts of the country.
She said the challenge posed by tobacco has been countered by different countries with various levels of success.
In South East Asia, Bhutan (2004), Thailand (2006) and India (2008) are some of the countries that have successfully enforced a smoking ban in public places.
Bhutan is the first country in the world to impose a total ban on tobacco products-sale and use.
China introduced a smoking ban in public buildings in Beijing from May 2008 as a run-up to the Olympic Games [6] and a ban on smoking in public places came into effect from 1 st May 2011. Singapore has had smoke-free legislation since 1970, but has strengthened it recently.
Hong Kong enacted the smoking ban law in 1982 but could enforce it only since 2007.
Countries like Indonesia (2006), Kazakhstan 2003), Malaysia (2004), Bangladesh (2006), Pakistan (2003), Philippines (2002), Vietnam (2005), Brunei Darussalam (1988) have banned smoking in public places, but implementation is far from complete, she said.
Government of India has taken various initiatives for tobacco control in the country with the growing evidence of harmful and hazardous effects of tobacco.
She said tobacco use is a major public health challenge in India with 275 million adults consuming different tobacco products.
Referring to prohibition of smoking in public places (Section 4 of COTPA), Therieh stated it says no person shall smoke in any public place:
Provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made. “Public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space.
A physically segregated smoking area may only allowed in the following places: Airports, Hotels with 30 or more rooms and Restaurants with 30 or more seats.
She said comprehensive rules on prohibition of smoking in public places were notified on May 30, 2008 and designated 21 categories of authorized officers to ensure enforcement of smoke free rules in public places. As per these rules the owner/in-charge/proprietor/manager of a public place must ensure that; No person smokes in the public place under his jurisdiction, as 60 X 30cm board saying, “No Smoking Area – Smoking Here is an Offence” is prominently displayed at each entrance, floors, staircases, entrance of the lifts and at conspicuous place(s) inside, name of the person to whom a complaint may be made is prominently displayed and no ashtrays, lighters and matchsticks etc. are provided.
Any person found smoking in a public place is liable to pay a fine of up to Rs 200.
The offence is compoundable, which can be settled on the spot by the enforcement officer and may be tried summarily in accordance with the procedure provided in the Code of Criminal Procedure, 1973. The authorized officer is considered a public servant while acting in performance of his duty under COTPA.
