Lok Sabha Question No. 2114 (UNSTARRED), answered on 2022-07-29
Subject: Smoking at Public Places
Ministry: HEALTH AND FAMILY WELFARE
Asked by: V. Kalanidhi, M. Selvaraj

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTION NO. 2114 TO BE ANSWERED ON 29 TH  JULY, 2022

## SMOKING AT PUBLIC PLACES

## 2114   DR. KALANIDHI VEERASWAMY: SHRI. M. SELVARAJ:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a)  the  steps  taken  by  the  Government  to  reduce  smoking  at  public  places  and  save  women  and children from the ill-effects of second hand smoking;

(b) the number of smokers penalized for smoking at public places during the last three years in the country, State/UT-wise including Tamil Nadu;

(c)  whether  the  penalty  amount  for  smoking  at  public  places  has  been  increased  in  the  COTPA amendment Bill 2020 and if so, the details thereof; and

(d)  whether  the  smoking  in  public  places  is  proposed  to  be  treated  as  severely  punishable  offence under the COTPA amendment Bill, 2020 and if so, the details thereof?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (DR. BHARATI PRAVIN PAWAR)

(a):  To reduce smoking at public places and to protect non-smokers from involuntary exposure to tobacco smoke, the government has enacted a comprehensive legislation, namely the Cigarettes and Other  Tobacco  Products  (Prohibition  of  Advertisement  and  Regulation  of  Trade  and  Commerce, Production,  Supply  and  Distribution)  Act,  2003  (COTPA  2003)  to  regulate  the  use  of  tobacco products. Section-4 of the COTPA, 2003, prohibits smoking in public places, including restaurants, provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in airports, there is a separate provision of smoking area. Further, as per Rules made under the Act, no service shall be allowed in any smoking area or space provided for smoking. The stakeholders are made aware about the adverse effect of tobacco usage, including passive smoking through anti-tobacco campaigns.

(b):    The  enforcement  of  provisions  of  Cigarettes  and  Other  Tobacco  Products  (Prohibition  of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA, 2003) and Rules made under the Act primarily lies with the States/Union Territories. The information received from States/Union Territories, regarding violation of Section 4 of COTPA, 2003 during the last three years viz. 2019-20; 2020-21 and 2021-22 is enclosed at Annexure .

(c)  &  (d):  The  draft  Cigarettes  and  Other  Tobacco  Products  (Prohibition  of  Advertisement  and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Bill, 2020, was hosted in public domain for pre-legislative consultation. The Ministry has received representations, comments and suggestions on the draft Bill.

## LS PQ No. 2114 FOR 29.07.2022

## The data of Number of persons fined (challaned) under Section 4 of COTPA 2003, as received from States/UTs

|   S. No. | Name of State/UT                   | 2019-20   |   2020-21 | 2021-22   |
|----------|------------------------------------|-----------|-----------|-----------|
|        1 | Andhra Pradesh                     | 1275      |       946 | 9150      |
|        2 | Andaman &Nicobar                   | 0         |         0 | 0         |
|        3 | Arunachal Pradesh                  | 7         |        46 | 0         |
|        4 | Assam                              | 212       |        50 | 42        |
|        5 | Bihar                              |           |      3702 |           |
|        6 | Chandigarh                         | 1578      |       523 | 739       |
|        7 | Chhattisgarh                       | 2718      |       983 | 1403      |
|        8 | Dadra &Nagar Haveli and Daman &Diu |           |        26 |           |
|        9 | Delhi*                             | 45393     |        49 | 196       |
|       10 | Goa                                | 17598     |      5256 | 5707      |
|       11 | Gujarat                            | 72623     |     38302 | 17005     |
|       12 | Haryana                            | 4335      |      3330 | 3648      |
|       13 | Himachal Pradesh                   | 48107     |     43695 | 72572     |
|       14 | Jammu &Kashmir (Jammu Division)    | 426       |      5679 | 3363      |
|       15 | Jharkhand                          | 232       |       982 | 527       |
|       16 | Ladakh                             | 76        |        12 | 32        |
|       17 | Lakshadweep                        | 30        |        21 | 1         |
|       18 | Karnataka                          | 180688    |    179756 | 147319    |
|       19 | Kerala                             | 86034     |     51959 | 73464     |
|       20 | Madhya Pradesh                     | 1897      |       890 | 1780      |
|       21 | Maharashtra                        | 22313     |      6543 | 28293     |
|       22 | Manipur                            | 1         |         5 | 0         |
|       23 | Meghalaya                          | 14        |        22 | 52        |
|       24 | Mizoram                            | 568       |       196 | 63        |
|       25 | Nagaland                           | 0         |         0 | 0         |
|       26 | Odisha                             | 4981      |      2404 | 338       |
|       27 | Puducherry                         | 0         |         0 | 0         |
|       28 | Punjab                             | 21581     |      8609 | 13956     |
|       29 | Rajasthan*                         | 28546     |     13842 | 12558     |
|       30 | Sikkim                             | 133       |        36 | 44        |
|       31 | Tamil Nadu                         | 20001     |      2432 | 15697     |
|       32 | Telangana                          | 15126     |      5218 | 28035     |
|       33 | Tripura                            | 0         |         0 | 35        |
|       34 | Uttarakhand                        | 7447      |      3998 | 10728     |
|       35 | Uttar Pradesh                      | 6628      |      2561 | 1553      |
|       36 | West Bengal                        | 9400      |      6859 | 3578      |