Lawyers and litigants smoke and puff inside courts

<div class="section1"><div class="Normal"><span style="" font-family:="" arial="">MUMBAI: It looks like breaking rules is the prerogative of the lawyers. How else can one explain the apathy shown by the legal-eagles and litigants toward the state government''s ban on smoking and consumption of tobacco products in public places, which includes court premises.</span><br /><br /><span style="" font-family:="" arial="">Despite the in-your-face notice boards at vantage points all across the court premises, invoking a ban on smoking and spitting in court premises, on any given day, one will find lawyers and litigants smoking cigarettes, </span><span style="" font-family:="" arial="" font-style:="" italic="">bidi</span><span style="" font-family:="" arial="">s and chewing gutkha in the heritage corridors, spiral staircases and lancet windows of the Bombay High Court and City Civil and Sessions Court premises.</span><br /><br /><span style="" font-family:="" arial="">The state''s highest court, virtually has a smokers lounge on the second floor.Just a few feet away from the air-conditioned court room of the Chief Justice, lawyers assemble to exchange smoke rings while waiting for matters to come up for hearing or just to quell that urge to take a few drags of nicotine.</span><br /><br /><span style="" font-family:="" arial="">Advocate P A Sebastian, who is also the secretary of Committee for the Protection of Democratic Rights (CPDR) said we make laws but hardly bother implementing them. "Ironically, the law is being broken in a place where it is meant to be preached and practised," Sebastian rued.</span><br /><br /><span style="" font-family:="" arial="">Worse still, in the court premises itself, you have the tea stalls and canteen discreetly selling cigarettes, bidis and gutkha mix sachets - a clear violation of the Cigarettes and Tobacco Products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) Act, 2003 and a contempt of court of the orders of the Supreme Court of India.</span><br /><br /><span style="" font-family:="" arial="">A senior lawyer from the Bombay Bar Association opined that it is on the part of the administrative machinery to see that lawyers and litigants do not smoke in court corridors or anywhere in court premises. "The offenders should be given deterrent punishment. Only then, the SC order will carry some meaning," the lawyer said.</span><br /><br /><span style="" font-family:="" arial="">According to a WHO study, India accounted for one-fifth of the four million people who died in 2000 due to tobacco-related diseases. Last month, the state''s additional chief secretary, Naveen Kumar touted about the state''s preparedness in implementing the ban at a meeting in Mumbai. "All tobacco products have been asked to remove their advertisements from public places by April 30. A special cell will be formed to ensure strict implementation of the order. We will impose severe penalty on those violating it," Kumar had said.</span><br /><br /><span style="" font-family:="" arial="">A S Paranjype, a lawyer from the sessions court said passive smoking was on the rise in the court. "Why must non-smokers be subjected to inhaling smoke coming out of someone else''s probably unwashed mouth? The stair cases, corners and window sills are smeared with gutka stains and littered with cigarette butts," Paranjype said, adding "smoking and spiting is punishable under Section 116 and 117 of Bombay Police Act, 1951) and a fine of Rs 100 can be imposed on the spot."</span><br /><br /><span style="" font-family:="" arial="">Interestingly, the state has brought the ban into effect, but the union ministry is still to notify some of the important components of the legislation like prohibition on sale of such products within 100 yards of schools, colleges and other educational institutions, labelling requirements and the permissible level of nicotine and tar content in various products.</span><br /><br /><span style="" font-family:="" arial="">A senior judge of the sessions court said the court could take action only when somebody files a complaint. "And it is very rare that somebody files complaints, so instances where the violators have been punished by the court is very rare," he noted.</span><br /><br /><span style="" font-family:="" arial="">Under the new law, selling cigarettes to minors, smoking in public places and sponsorship of any kind by companies involved in manufacturing tobacco products will be a punishable offence with imprisonment up to five years and a fine.</span></div> </div>