None fined for smoking in 2015-16

The consolidated state-wise list for 2015-16 says that not a single person was fined under Section-4 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement, Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) that prohibits smoking in public places. As per Section 21 of the COTPA, 2003, ‘whoever contravenes the provisions of Section 4 shall be punishable with a fine which may extend to Rs 200.’ 

As per the information received from the states/UTs for the period from April,  2012, to September, 2015, 3,857 were fined in 2013-14, and as many as 18,138 in 2014 15. However, in 2015-16, not even one was fined under the provision. Activists say that lack of manpower has rendered the implementation of the law ineffective. 

Talking to DTNext, A Narayanan, an activist and director of CHANGE India, a centre for advocacy and research, says that while public smoking might have reduced due to negative publicity, smoking on and around college campuses is highly prevalent. He adds, “In fact, the number of people fined in the previous years are less as well when you compare them to the actual numbers who smoke in public places. The fines are not imposed consistently, but only during a drive conducted sporadically. Moreover, in Tamil Nadu, most government departments, including health are short-staffed, by 40 to 60 per cent. With the lack of manpower, any law is ineffective.”

S Cyril Alexander, state convenor of Tamil Nadu People’s Forum for Tobacco Control, adds that in a huge city like Chennai, a single squad is inadequate. “It also depends on deputy director of Health Services’ initiatives in the respective districts. But I doubt if the number fined is zero, there could be districts where the laws are implemented effectively,” he points out. A source from the department says there is no separate squad for curbing smoking in public places. “We rope in health inspectors and officers from across cadres in the department or even involve the police in the implementation,” the source says. 

There is a lot of ambiguity among the public about the existing laws. Raghu Anand, a banking professional, says that he most often ends up smoking in public places. “But in all these years, I haven’t been challaned or fined for it,” he says.