Presenation by Hemant Goswami at the 14th World Conference on Tobacco or Health on the success story of 'Smoke Free Chandigarh"

1. Everything you can imagine is real
Smoke-
Smoke-Free
Chandigarh
A Case Study
Hemant Goswami

2. The Resources Used
Total Grants/Financial support received for Smoke-Free Chandigarh
project – Nil
Government Support – Nil
Indirect Government Support - Nil
Total Money Spent – Less than 5 Lakh (10,000 US$) over a period of
one year
(We acknowledge the support of 5000 US$ by ACS, Some part of the grant for one of the components in the project)

3. A less traveled path
• Smoke-Fee concept was a less traveled path in India
• No Precedence - Developed our own learning to take the
challenge
• Ignored Problem – Challenge to bring in a problem like
tobacco to the forefront which is often ignored because
the amount of work this problem requires is massive.
The size of the task discourages many.

4. The High’s & Lows
• The Journey to Smoke-Free Chandigarh has been
studded with some failures and some successes
• Every action has a component of failure and it
remains an important ingredient of success
• Failures sharpens the learning curve ……..
(But one must test and try … only what is initiated has a chance to
succeed)

5. As a Civil Society
• As an independent civil society organisation, we did what every
civil society should do….
– Generate Public Opinion
– Add and involve more Partners
– Move and sensitize the authorities
– Remain an independent watchdog
– Work to sustain the efforts

6. Background to smoke-free
Chandigarh
• Took More than 4 years of consistent efforts.
A workshop for police in 2003
Experienced failures and success. A lot of lessons
were learned.
• Used the Independent Judiciary (Public Interest
Litigations; etc.)
• Kept a flow of complaints, court cases, suggestions,
criticism, and…
• Persistently carried on the routine activities aimed to
sensitize the stake-holders and the general populace

7. Strategic Approach
Used a soft and Hard
approach simultaneously
Did all what was required without any
compromises

8. Some unpleasant tasks
• We also caused a lot of trouble to our friends
in the Government - to increase their
sensitization level and to help them bring
tobacco to their priority area
• Once a level of sensitization (trouble we
caused) reached a particular level, things
changed. We softened our tone and assisted
the Government to do the needful.

9. Multiplying
Partners

10. Partnering with stakeholders
• Youngsters, Students
• Media
• Teachers
• Hoteliers
• Government
• Police
• Administration
• Local community leaders
• and… everyone who has an opinion and can do something

11. Strategic Approach
•Proper planning for the end results
•Minimize the assumption of support on external factors
•Have a clearly defined road map
•Persistence and uncompromising conviction
•Did not take anyone and anything for granted… but when the
threshold level reached .. It changed everything

12. Opportunity

13. Right to Information Act 2005
• In 2005, Right to Information Act (Freedom of Information
legislation) came into existence. We made constructive use of
this legislation
• Filed over 300 Right to Information Petitions and asked for pin
pointed information from all the Government departments
• This helped in bringing tobacco control to the forefront and
within the government radar. The results started reflecting

14. The RTI Petition
1. As per the “Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation
of Trade and Commerce, Production, Supply and Distribution) Act, 2003” and “Cigarettes and
Other Tobacco Products Rules, 2004” every public office must display 60X30 cm boards
containing the warning “No Smoking Area – Smoking here is an offence.” Are offices,
buildings and premises of Chandigarh Police and under the control of Chandigarh Police
displaying such warning boards?
2. Provide the location where such warning boards as required under the Cigarettes and Other
Tobacco Products Rules, 2004 are displayed in all the different offices/buildings/ floors/premises
which are under the control of Chandigarh Police or which report to your office?
Please provide address of all such premises/buildings and the number of warning boards affixed in
–
each office/premise/floor/building.
Date on which such warning boards were first displayed.
–
Cost incurred in displaying the warning boards.
–
Kindly use the format mentioned below to reply:
3.
- Name of the office/Building/premise Location
- Number of warning boards displayed on ground floor and their location Number of boards
displayed on each floor
- Total number of warning boards displayed in that premise
- Total cost incurred on preparing and affixation of the board
- Date on which the boards were first displayed

15. The RTI Petition
What is the designation and the name of the person responsible/in-charge for;
5.
1. Ordering affixation of the warning boards against smoking
2. Executing the order to affix such warning boards
3. To be held responsible for not displaying the statutorily prescribed warning boards and for the
purpose of the penal provision under Section 4 (Read with Rule 3) of the “Cigarettes and Other
Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003”.
Are your office and all other offices under the control of this office providing total
6.
smoke-free atmosphere and prohibit smoking in all parts of the building/premise.
Provide a list of all offices/premises under the control of your office which allow
people to smoke within the building/premise and within the boundary wall of the
premises.
7. How many employees, whether temporary or permanent, including officers in
Chandigarh Police and working in all other office/premises/buildings under
Chandigarh Police smoke.
How does your office/orgnaisation cope with the frequent breaks people take to
8.
smoke? What are the rules including departmental rules to deal with the increased
number of smoking breaks employees take?

16. The RTI Petition
9. Does your office/department organize workshops/seminars or intervention programmes for employees
who consume tobacco to help quit tobacco? Is any kind of medical/psychiatric assistance made
available to people addicted to tobacco in office/department under your control? Allow inspection of
records relating to available medical assistance to employees and the complete record of the
workshops/seminar, etc. conducted by or for employees of your office.
10. How many people have been fined till date for smoking in any of the office premises under your
control or reporting to your office? Provide record for the year 2004, 2005 and 2006.
11. In case any of the laws and/or rules related to tobacco control is not being followed in your office or
offices operating under your control; please provide the name and designation of the highest executive
officer in the hierarchy who can be held responsible for such non-adherence of the laws/rules related
to tobacco control legislation(s).
12. Kindly arrange to immediately provide the extracts, certified copies of documents requested (in soft
copy/electronic form or hard copies, depending on the availability) after the inspection of the requested
files/documents/memo.

17. Strategic
Results

18. How RTI Helped
Implementation of “Minor” acts (as perceived) are not
a “Priority” for government. The heavy workload
within the Government is one of the reasons.
The RTI petitions highlighted that an important law
intended for public welfare was getting ignored
Brought to focus the minimum statutory legal
requirement under the Act. That of displaying the
“Warning Boards.”

19. Outcome
Once the warning boards were installed (1800
new boards appeared – Year 0-1) in all government
departments, police stations, hospitals, schools,
etc..
………..Things became easier
People got the confidence that the task can be
accomplished. The police and enforcement
agencies got the moral conviction that they
can book others for violations (Because they
were following the law)

20. Guiding and Training the Enforcers

21. Transferring
the
Ownership
Sharing the Credit

22. Planning and Guiding the
Government and officials

23. Using all other laws
Section 133 of Cr. P. C. Conditional order for removal of nuisance. –
(1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on
receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider -- That any unlawful obstruction or
nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or
That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the
community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed
or the keeping thereof regulated; or
……..etc………..
Such Magistrate may make a conditional order requiring the person …….
(i) To remove such obstruction or nuisance; or
(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or
merchandise, or to regulate the keeping thereof in such manner as may be directed; or
……..etc………..
Section 268, 284 and 290 of the Indian Penal Code provides as under;
268. Public nuisance:--A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger
or annoyance to persons who may have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
284. Negligent conduct with respect to poisonous substance: -- Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to
endanger human life, or to be likely to cause hurt or injury to any person,
Or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to
human life from such poisonous substance,
Shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or
with both.
290. Punishment for public nuisance in cases not otherwise provided for: -- Whoever commits a public nuisance in any case not otherwise punishable by
this Code, shall be punished with fine which may extend to two hundred rupees.

24. Using all other laws
Section 278 (IPC) Making atmosphere noxious to health: - Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious
to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished
with fine which may extend to five hundred rupees.
Section 31 (Police Act) Police to keep order on public roads, etc.--It shall be the duty of the police to keep order on the public roads, and in the
public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the
occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during
the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to
be obstructed
Section 34. (Police Act) Punishment for certain offences on roads, etc.--Any person who, on any road or in any 1*[open place or] street or
thoroughfare within the limits of any town to which this section shall be specially extended by the State Government, commits any of the
following offences, to the obstructions inconvenience, annoyance, risk, danger or damage of the 2*[residents or passengers] shall, on
conviction before a Magistrate, be liable to fine not exceeding fifty rupees, or to imprisonment 3*[with or without hard labour] not
exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view
commits any of such offences, namely:- …………………..
Section 400.(MC Act) Penalty for breaches of bye-laws. - (1) Any bye-law made under this Act may provide that a contravention thereof shall
be punishable –
(a) with fine which may extend to five hundred rupees; or
(b) with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may
extend to twenty rupees for every day during which such contravention continues after conviction of the first such contravention; or
(c) with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice
from the Commissioner or any Corporation officer duly authorised In that behalf by the person contravening the bye-law requiring
such person to discontinue such contravention.
(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the
mischief if any, caused by such contravention.

25. Using all other laws
Section 269 (IPC) Negligent act likely to spread infection of disease dangerous to life: --Whoever
unlawfully or negligently does any act which is, and which he knows or has reason to believe to be,
likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of
either description for a term which may extend to six month, or with fine, or with both.
270 (IPC) Malignant act likely to spread infection of disease dangerous to life: -- Whoever malignantly
does any act which is, and which he knows or has reason to believe to be, likely to spread the
infection of any disease dangerous to life, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both
Section 2(34)(Motor Vehicle Act) “Public place” means a road, street, way or other place, whether a
thorough-fare or not, to which the public have a right of access, and includes any place or stand
at which passengers are picked up or set down by a stage carriage;
……………..etc………..

26. Other Provisions
• Provisions in Motor Vehicle Act & Rules 1988
• Provisions in IT Act & Rules 2000
• Provisions in The Industrial Employment (Standing
Orders) Act 1946
• Provisions in Cinematograph Act 1952
• Provisions in Indian Railways Act 1989
• Provisions in Petroleum Act 1948
• Provisions in The Explosives Act & Rules – 1884
• Provisions in The Explosive Substances Act 1908
• Provisions in The Narcotic Drugs & Psychotropic
Substance Act, 1985
• Provisions in The Mines Act, 1952
• Fire Safety Rules

27. Results
&
Outcome
In Chandigarh

28. Enforcement

29. Real Action had public support

30. Strategic Communication
Strategy for the
Media
KEY AREA OF
IMPORTANCE

31. What Resulted
Only City- State in India
where all Hotels/
Restaurants are smoke-
free
Only City- State in India
where all educational
institutions are smoke-free
The efforts have been for
over one year now (July 15,
2007 to March, 2009) and
the compliance level even
as on date (Despite all the
apathy and corruption) is
High. Enforcement
continues.

32. Continued Challenges
To Sustain
Smoke-Free
Chandigarh
Financial support from the Government still to come
Underground Propaganda, Corruption & …………
Industry interference

33. Sustaining??? In the Third World
IF THINGS APPEAR TO BE SLOW &
INERTIA SINKS IN
• Not everyone is bad. Use good people and make the moles
Work OR expose them.
• In June-July 2008 we filed over 500 police complaints. Each
complaint informed about a separate incident of violation.
• Filed 200 criminal complaint cases in the court of DM against
illegal tobacco vendors
• Nearly 200 criminal complaints with the City Executive
magistrate against vendors selling tobacco within 100 yards of
an educational institute.
• Continuously expanding the scope of the Act

34. Sustaining? The Challenge

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