‘So where CAN we smoke?’

The police can take action against smokers under COPTA and the Mumbai Police Act. Representational pic

The Mumbai police seem confused over the law on smoking in public places. Over the last fortnight, the cops have launched a citywide drive against drugs and tobacco, razing several illegal corner shops selling tobacco products. However, citizens, who are being fined R200 for smoking in public, say the law permits smoking in open spaces, except in the vicinity of schools, colleges and other institutes.

The Mumbai Police launched an intense anti-drug campaign on April 28, registering several cases pertaining to consumption and possession, across the city. During the drive, action was also initiated against illegal paan stalls and hawkers. Additionally, all police stations across the city were instructed to take action against people smoking near schools, colleges, religious institutions, markets and gardens. However, this move irked citizens as people smoking in open spaces were also being penalised.

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"I was smoking near Mani's at Matunga (East) a week ago when the cops came by and asked me to accompany them. When I inquired, I was told that I was smoking in a public space, which is prohibited. They took me to the police station and charged me Rs 200," said Prashant Shroff, a businessman living in Matunga. Shroff said he has been smoking for 40 years and has travelled the world. "In many countries, they have a designated space for smoking, but there is no restriction on smoking in open spaces. If the police take action against people smoking in open spaces where is one supposed to smoke?" he questioned.

A senior police inspector from Central Mumbai confirmed that people are being fined Rs 200 for smoking in public. "The Cigarettes and Other Tobacco Products Act (COPTA) and Mumbai Police Act give the police the authority to take action against people smoking in public," he said. When contacted, a deputy commissioner of police from suburban Mumbai said the law states smoking in public spaces is prohibited and, if an officer considers a space public, the smoker can be penalised.

"Section 115 of the Mumbai Police Act allows the police to take action against any person who is creating a nuisance. So such actions are justified," he said. "Our drive is against the drugs and tobacco is the first step towards it. With BMC's help, we have initiated action against illegal shops and tapris. But taking action against individuals who aren't smoking near schools, colleges or important/sensitive places, is wrong. There has been some miscommunication among the police… they shouldn't do it," said Satyanarayan Choudhary, joint commissioner of police (law & order).

What COPTA says

Section 4 of the The Cigarettes and Other Tobacco Products Act restricts smoking in public spaces. Section 3 (l) defines a public place as any place to which the pubic have access - whether as of right or not - including auditoriums, hospital buildings, railway waiting rooms, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like, which are visited by the general public, but not including any open space.

Action taken since April 28

Offences registered: 331
Arrests made: 346
Paan stalls demolished: 1,826
Action against hawkers: 9,598
Action against hawkers near railway station: 3,991

Rs 200
Fine imposed for smoking in public spaces