Ban on smoking in public places to be enforced in Delhi: HC

New Delhi: The Delhi High Court on Wednesday said necessary steps are required to be taken to enforce within its premises the rule prohibiting smoking in public places.

A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said, "Necessary steps are required to be taken to enforce the provisions of Rule 3 of the Prohibition of
Smoking in Public Places Rules 2008 in the (Delhi) High Court premises."

Under Rule 3 of the 2008 Rules, smoking in a public place is prohibited and the owner, proprietor, manager, supervisor or in-charge of the affairs of a public place has to ensure that such activity does not take place.

The bench directed the Registrar General of the Delhi High Court to apprise it on July 5 about the steps taken, if any, to comply with Rule 3.

It also asked the Registrar General to place a copy of the court's order before the Chamber Allotment Committee of Delhi High Court to enable the panel to look into whether the shop selling cigarettes inside the court premises can be allowed to continue there.

The directions came on a PIL filed by an advocate, Vijay Chandra Jha, who has sought removal of the shop inside the high court which sells cigarettes.

The shop was granted a licence in the year 2000 prior to coming into force of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act in 2003.

The licence was, thereafter, renewed till December 31, 2018. The lawyer, in his PIL, has also sought a ban on smoking inside the high court complex claiming that it leads to many advocates, litigants, court staff and others becoming passive smokers, apart from the serious ill-effects of the smoke.

The Tobacco Smoking (Prohibition) Regulations prohibits smoking in enclosed places of work, including office blocks, various buildings, public houses/bars, restaurants and company vehicles (cars and vans).