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Directs to Strictly Enforce Public Smoking Ban, Orders Awareness Drives
The has directed the to continue strictly enforcing the prohibition on smoking in public places under the (COTPA), and ordered government authorities to conduct awareness campaigns on the health hazards of .
A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. disposed of a filed by retired professor Monamma Kokkad, who alleged that public smoking had resurfaced in several parts of Kochi and that the police were not effectively implementing the statutory ban.
PIL Alleges Resurgence of Public Smoking in Kochi
The petitioner, represented by counsel , argued that smoking in public places was once again rampant in areas like MG Road, Panampilly Nagar, Kaloor, and Palarivattom. She further claimed that some commercial establishments were facilitating the practice by providing lighters or other means to customers outside their premises.
Kokkad relied on the High Court's earlier judgment in K. Ramakrishnan & Anr. v. State of Kerala (), which had declared smoking in public places to be illegal and unconstitutional as a . She contended that the directions in that case had not been fully implemented and sought enhanced enforcement measures, including a higher penalty than the existing ₹200 fine.
Court: Police Have Taken Adequate Measures, But Must Continue
The State, represented by Senior Government Pleader , countered that the had taken sufficient steps to enforce COTPA. The court noted that a response to an RTI application filed by the petitioner showed that the police had furnished details of penalties collected for violations.
"In view of the aforesaid, it cannot be said that the police have not taken adequate measures for the implementation of the Act of . A few isolated incidents may not justify a finding that the provisions of the Act of have not been complied with."
The court, however, emphasized that the police must continue to comply with the K. Ramakrishnan directions and strictly enforce the law. It directed that a copy of the order be forwarded to the Additional Chief Secretary (Health and Family Welfare), the Principal Secretary (Local Self Government), and the Chief for information and compliance.
Awareness Drives Ordered to Combat
Beyond enforcement, the court also focused on public education. It directed the respondent authorities to conduct awareness programmes highlighting the legal provisions prohibiting smoking in public places and the harmful effects of .
"The respondent authorities shall conduct awareness programmes highlighting the legal provisions prohibiting smoking in public places and the harmful effects of ."
The writ petition was accordingly disposed of, with the court expressing confidence that the authorities would continue their efforts to curb public smoking and protect non-smokers from to tobacco smoke.
The judgment reaffirms the state's duty to enforce anti-smoking laws and underscores the importance of combining punitive measures with public awareness to effectively combat the public health menace of tobacco use.
