A motorist smoking a cigarette at a traffic signal in Bengaluru. (Photo | Kevin Nashon)
Karnataka

Unclear law: Smoking goes unchecked at traffic signals in Bengaluru

Ironically, roads and footpaths, which require extra caution due to the crowd, are not clearly mentioned.

Kevin Nashon

BENGALURU: Blame the unrelenting congestion or the long waits at signal, but the idleness in between has increasingly become an excuse for people to light up a cigarette. Law enforcers often remain vigilant at malls, railway stations, educational institutions and government buildings to penalise violators for public smoking. However, the motorists are having a “free ride” with no one to monitor them.

The Cigarettes and Other Tobacco Products Act (COTPA), 2003, and the Prohibition of Smoking in Public Places Rules, 2008, explicitly identify several spaces as prohibited public places for smoking, such as hotels, hospitals, malls and railway stations. Ironically, roads and footpaths, which require extra caution due to the crowd, are not clearly mentioned.

Experts argue that this lack of clarity has created a grey area when it comes to regulating smoking on roads, particularly by motorists. “If a person smokes in a hotel, you complain to the owner; if it is in a mall, you complain to the manager. Who do you go to if a person smokes on the road?” asks Dr Triveni BS, a public health specialist. “Monitoring violators who are on their vehicles falls into a grey area the law has left unaddressed explicitly.”

Public health advocates say that despite the vagueness in the regulations, individuals must take initiatives to cope with the urge to smoke while driving, for the sake of fellow commuters. “Not smoking will not cause death; at most it brings restlessness to the smoker. So people must learn to postpone the urge,” says SJ Chander, the convenor of the Consortium for Tobacco-Free Karnataka.

For those who are strongly addicted and struggle to control the urge, alternative coping methods may help. “The first step in de-addiction is replacement,” says cardiologist Dr Natesh BH, the president of the Foundation for Sustainable Health India (FSHI).

“Popping a chocolate or choosing something harmless, even something nutritious, can help manage the urge.” Policymakers and innovators, he adds, must also explore practical substitutes or habits that can help people replace smoking, rather than simply asking them to quit something that they are already struggling with.

Experts also suggested that the authorities can increase vigil at traffic signals and junctions, where they come across riders who light cigarettes.

“There should be a mechanism to report incidents of public smoking, like the Public Eye app, which allows citizens to report traffic violations. Similar app-based mechanisms, or additional features within existing platforms, could enable commuters to report instances of smoking while driving, allowing citizens and law enforcers to work together in addressing the issue,” an expert said.

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