BENGALURU: While most of us loathe the endless wait at traffic signals in the city, for some it’s a prized chance to smoke a few drags. What works to their favour is the ambiguous stand of enforcement authorities on whether smoking in a private vehicle falls under the ambit of the existing ban on lighting up in public places.
With the officials including police, civic agencies and transport department are left scratching their heads on a way to stem the practice, unassuming passive smokers particularly children, continue to bear the brunt. “Technically, a car is not a public place but it causes harm to others when someone smokes with the window open at a traffic signal as people outside inhale the smoke blown out of the window,” said Nikhil S J, a commuter on Hosur Road. Lighting a cigarette while driving will also distract the driver and leads to accidents, he added.
In 2012, a study conducted by Dr Sean Semple of the Scottish Centre for Indoor Air, at the University of Aberdeen in the UK, found that smoking in cars raises levels of dangerous fine particle pollutants to many times the limit recommended by the World Health Organization. Several foreign countries including Australia, Bahrain and France have also banned smoking in cars in the presence of children or pregnant women.
Experts say India should also ban smoking in cars. Pragati Hebbar, advocacy officer at the Institute of Public Health (IPH), said, “People are not only exposed to passive smoking but also vulnerable to third-hand smoke when someone smokes in a vehicle. Many people have no idea that the presence of remains of the smoke in cars will cause severe health hazards including respiratory problems, especially among children”.
Smoking in public places is banned according to Section 4 of the Cigarettes and Other Tobacco Products Act (COTPA) Act, 2003. A fine of `200 is imposed on those caught smoking in a public place under the National Tobacco Control Act.
A senior official in the state anti-tobacco cell said they cannot take action against those smoking in private vehicles. “The Act does not give provision to book those who smoke in private vehicles. But traffic police can take action against those smoking while driving and also against those smoking in public transport vehicles including taxis,” he added.
Dr Vishal Rao, oncologist and member of the Karnataka government high-power committee on tobacco control said, “It’s a social responsibility not to smoke in private vehicles as it will also cause health problems to the co-passengers too. The most vulnerable to smoking are are children and pregnant women.”
Officials of various government agencies are divided over the definition of a public place. R Hitendra, Additional Commissioner of Police (traffic), said, “If the window of the car is open, then we can consider it as a public place. And, if the window is closed, then it can be a private space. But we are taking action on those who are smoking and driving.”
Narendra Holkar, joint commissioner of transport said: “Police can take action against those who are smoking in the car as it as a moving subject which cannot be considered as a public place.”