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The Right to Smoke: Navigating the Legal Landscape of Public Smoking

If you do want to light up, there are guidelines.

Sabita Mishra by Sabita Mishra
20 February 2023
in Law
The Right to Smoke: Navigating the Legal Landscape of Public Smoking
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Right to Smoke: Smoking, or the inhalation and exhalation of tobacco or other drug smoke, is a growing public health concern due to its link to disease and death. However, the dangers of smoking are not limited to active smokers; secondhand smoke inhalation by others can also cause serious health problems. This has prompted the passage of smoke-free legislation, as passive smoking has been linked to cancer, disability, and death.

The Indian Constitution outlines fundamental responsibilities that all citizens must uphold, including the obligation to support legislation for the greater good. As a result, it is up to individuals to ensure that smoke-free laws are successful.

A “No Smoking” sign must be displayed at the entrance and other prominent locations in public places, which include all areas accessible to the public, such as hospitals, offices, and restaurants. The sign must be 60 cm long and 30 cm wide, with a warning message in English and one Indian language.

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If smoking areas are provided, they must be clearly marked, separated from the main building, and equipped with automatic closing doors, airflow systems, exhaust ventilating and air cleaning systems, and exhaust ventilating and air cleaning systems. The designated smoking area may not be used for anything other than smoking and may not be located at the entrance or exit gates.

Right to Smoke: If you do want to light up, there are guidelines

Right to Smoke or Smoke-free laws have been successfully implemented in some cities, such as Chandigarh, which has become a smoke-free city. However, smoking continues to be responsible for approximately 11% of all deaths worldwide, with the majority occurring in China, India, Russia, and the United States.

Smoking is a major public health concern in India, which has 11.2% of the world’s smokers. The Indian government has accepted the recommendation to remove designated smoking areas from public places such as hotels, restaurants, and airports.

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To summarise, smoking is a major public health concern that affects both active and passive smokers. Every citizen has a responsibility to support and ensure the success of Right to Smoke laws. We can reduce the harm caused by smoking and promote a healthier environment for all by implementing measures such as clear signage and designated smoking areas.

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