A loophole in the law

Common Problem

Is it illegal to smoke in a vehicle? Does it come under the category of public spaces?

It’s been almost four years since smoking was banned in public spaces, but it seems that the law still has its fair share of loopholes and grey areas — something which most smokers don’t hesitate to take advantage of.

Although smoking is strictly prohibited at any place that can be construed as ‘public’ — such as markets, cinema halls and shopping complexes — the ban doesn’t extend to roads and private vehicles.

In some instances, however, these provisions can prove to be conflicting; for instance, if someone is smoking in a car or an autorickshaw, while travelling down a crowded road or perhaps even a market place, can they be penalised under the law?

This technicality isn’t the only problem that arises in the context of the smoking ban. The fact remains that throwing a lit cigarette butt out of a moving vehicle is a risky proposition, especially at traffic signals where cars tend to be stationary for long periods of time. Metrolife speaks to a few Bangaloreans to find out if they’ve encountered this problem, and how they perceive it in terms of the public ban on smoking.

Pratul, a professional, agrees that he’s often witnessed drivers who smoke on the go.

“It’s quite common in the City, predominantly in the case of auto drivers. It does present a problem, because at the end of the day it causes passive smoking — especially if a person smokes in an open vehicle, like an auto,” he says, adding, “I’ve often seen people toss cigarette butts out of car windows, and this can be quite dangerous too. These butts get caught in the wind and can easily strike a person on a two-wheeler who’s travelling behind.”

But while many Bangaloreans admit that this is a problem that should be curbed as soon as possible, Beena Pillai, a lawyer, explains that this isn’t easy.

“The content of the law states that one shouldn’t smoke in such a way that the public is harmed. But if someone is travelling in a car, it’s his or her private vehicle. The judgement hasn’t gone to the extent of distinguishing between a ‘private vehicle’ and a ‘public road’,” she explains. Because of this discrepancy, she adds, it’s tough for authorities to reign in smokers on the road.

“Technically, the police can’t do anything about this. It depends on the circumstances in which a person is smoking,” she says.

Others, however, believe that smoking in a vehicle falls outside the purview of the law. Trishul, a golfer, points out, “Throwing lit cigarettes out of cars is not right, because it can  harm people on the road; it could potentially start a fire. But if someone is simply driving through a crowded place in a vehicle — and the other people in the vehicle don’t mind — smoking inside shouldn’t be an issue.”