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In a major boost to public health and a stinging blow to the cigarette industry, the Supreme Court on Friday directed all states and Union Territories to immediately issue orders banning smoking in public places and public transports, including railways.
Hearing a Public Interest Litigation against smoking filed by Maharashtra Congress leader Murli Deora, a bench comprising Justice M B Shah and Justice R P Sethi also asked the Commissioners of Police of Delhi, Bombay, Madras, Calcutta, Bangalore and Ahmedabad to submit status reports of action taken against cigarette manufacturers violating advertising code.
The order banning smoking in public places would include hospitals, health institutes, public offices, public transport, court buildings, educational institutions, libraries and auditoriums, the Court said.
The order was passed by the bench after a suggestion to this effect was given by petitioner's counsel, senior advocate Indira Jaisingh.
Attorney General Soli Sorabjee, representing the Union government, agreed with the suggestions.
The state governments of Delhi, Goa and Rajasthan have already enacted laws banning smoking in public places, while the Centre is in the process of enacting an anti-smoking legislation.
The Bill to this effect placed before the Parliament by the Centre has been referred to a Parliamentary Select Committee.
Highlighting the ill-effects of smoking, the petitioner had sought banning of smoking in public places and also creation of an anti-tobacco fund to give medical help to the victims of tobacco.
Deora, in his petition, has also sought a direction from the Court to the cigarette and tobacco product manufacturing companies to contribute for the creation of the fund.
Jaisingh, had during earlier arguments, highlighted the blatant violation of the advertisement code by cigarette manufacturers in putting up billboards, as well as in advertisements through other media.
She had contended that the statutory warnings, as per the advertisement code, had to be given in a certain size to keep the public aware of the harmful effects of smoking, which was routinely ignored by the cigarette and tobacco manufacturing companies.
The petitioner has also sought a direction from the Court for banning sale of cigarettes and tobacco products to persons below the age of 18 years to check abuse by children.
The Court adjourned the matter for six weeks to get report from the Commissioners of Police and also to hear other prayers of the petitioner.
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