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Ram Manohar an auto rickshaw driver with 25 years of experience lights a cigarette and says “I know of the laws that are in place. But every one does it. I only put out the cigarette when a passenger asks me to.” It is but obvious that Ram Manohar smokes in broad daylight both inside a public vehicle and at public places.
To curb smoking laws like the Central Tobacco Control Act, enacted in 2003 and Delhi’s own legislation - the Delhi Prohibition of Smoking and Non-Smokers’ Health Protection Act, 1996 - have been passed. Under the Acts smoking in public service vehicles is prohibited. Kishore Kumar an auto rickshaw driver says “I know that there are laws which do not allow smoking in autos, buses and public places.” Just then a DTC bus stops next to his auto, with tufts of smoke coming from the diver’s side. He then says “Anti – smoking laws are regularly advertised, but many passengers still smoke. I cannot tell them not to smoke. Who wants to kick their own stomach lest the passenger feels upset by my nagging?”
Niharika Sharma a student who commutes by auto rickshaw everyday states “I never knew that there were laws that prohibit smoking in auto rickshaws. I have stopped an auto rickshaw driver from smoking only once as my friend was having a problem, never as a right.” As she looks out of an auto rickshaw she says “When you sit in an auto it seems as if it is private property. I never counted autos as a public vehicle and maybe that’s why people smoke sitting in it.”
Recent government estimates suggest that during 2007, there were only 7,000 people, including 100 women, who were fined for the offence during raids in 13,000 public places. Of these, 12 people were challaned and produced in front of a magistrate for not being able to pay the fine on the spot. But considering that the city has some 51 lakh smokers, and the figure is only increasing, this doesn’t seem to be enough.
The state health department has recently given all gazetted officers the power to fine people who are found smoking. The Delhi Prohibition of Smoking and Non-Smokers’ Health Protection Act has entailed that a person found smoking in public service vehicles will have to pay of Rs. 100 which may extended to Rs. 500 in subsequent offences. However these authorities are often lenient as Deepak a DTC bus conductor points out “I don’t deny anyone the freedom to smoke in the bus. Often gazetted officers don’t pull up a person caught smoking even when they are present in the bus.”
The World Health Organisation (WHO) has estimated that 8 lakh persons die from tobacco related diseases every year in
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