Lok Sabha Question No. 4926 (UNSTARRED), answered on 2023-03-31
Subject: Prevention of 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. 4926 TO BE ANSWERED ON 31 ST  MARCH 2023

## PREVENTION OF SMOKING AT PUBLIC PLACES

## 4926   DR. KALANIDHI VEERASWAMY: SHRI M. SELVARAJ:

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

(a) whether the Government has taken any steps to reduce smoking at public places in order to prevent the women and children from the harmful effects of passive smoking;

(b) if so, the details thereof and if not, the reasons therefor;

(c) the number of persons penalised for smoking at public places during the last three years and current year, State/UT-wise;

(d) whether the Government has any plan to increase in the penalty amount for smoking at public places in violation of COTPA 2003; and

(e) if so, the details thereof?

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

(a)  to  (c):    To  reduce  smoking  at  public  places  and  to  protect  women  and  children  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, on a regular basis through anti-tobacco campaigns.

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 thereunder 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 .

(d) & (e): 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.

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## Total number of smokers penalized under Section 4 of COTPA, 2003

| S. No.   | Name of State/UT                   | 2019-20   | 2020-21   | 2021-22   |
|----------|------------------------------------|-----------|-----------|-----------|
| 1.       | Andhra Pradesh                     | 1275      | 946       | 10360     |
| 2.       | Andaman &Nicobar                   | 0         | 0         | 0         |
| 3.       | Arunachal Pradesh                  | 7         | 46        | 21        |
| 4.       | Assam                              | 212       | 50        | 42        |
| 5.       | Bihar                              | 2,164     | -         | 2,442     |
| 6.       | Chandigarh                         | 1,578     | 523       | 739       |
| 7.       | Chhattisgarh                       | 2,718     | 983       | 2,817     |
| 8.       | Dadra &Nagar Haveli and Daman &Diu | 0         | 0         | 50        |
| 9.       | Delhi                              | 51,896    | 12,350    | 8,730     |
| 10.      | Goa                                | 17,598    | 5,256     | 4,758     |
| 11.      | Gujarat                            | 72,623    | 38,302    | 20,449    |
| 12.      | Haryana                            | 4,335     | 3,330     | 3,648     |
| 13.      | Himachal Pradesh                   | 48,107    | 43,695    | 72,572    |
| 14.      | Jammu &Kashmir (Jammu Division)    | 426       | 5,679     | 5,111     |
|          | Kashmir Division                   |           |           | 1355      |
| 15.      | Jharkhand                          | 232       | 982       | 660       |
| 16.      | Ladakh                             | 76        | 12        | 32        |
| 17.      | Lakshadweep                        | 30        | 21        | 1         |
| 18.      | Karnataka                          | 1,80,688  | 1,79,756  | 1,47,319  |
| 19.      | Kerala                             | 86,034    | 51,959    | 73,464    |
| 20.      | Madhya Pradesh                     | 1,897     | 1,356     | 1,780     |
| 21.      | Maharashtra                        | 25,194    | 6,670     | 28,293    |
| 22.      | Manipur                            | 1         | 5         | 0         |
| 23.      | Meghalaya                          | 14        | 22        | 52        |
| 24.      | Mizoram                            | 568       | 196       | 126       |
| 25.      | Nagaland                           | 0         | 0         | 0         |
| 26.      | Odisha                             | 4,981     | 2,404     | 1767      |
| 27.      | Puducherry                         | 0         | 0         | 0         |
| 28.      | Punjab                             | 21,633    | 8,609     | 13,956    |
| 29.      | Rajasthan                          | 28,546*   | 13,842*   | 27,666    |
| 30.      | Sikkim                             | 133       | 36        | 44        |
| 31.      | Tamil Nadu                         | 20,134    | 2,444     | 17,862    |
| 32.      | Telangana                          | 15,126    | 5,218     | 28,035    |
| 33.      | Tripura                            | 0         | 0         | 35        |
| 34.      | Uttarakhand                        | 7,447     | 3,998     | 18,041    |
| 35.      | Uttar Pradesh                      | 6,628     | 2,561     | 1,989     |
| 36.      | West Bengal                        | 9,400     | 6,859     | 3,578     |