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A bench headed by Justice B N Agarwal, while refusing to stay the notification dated May 30, 2008, also transferred the four petitions, including one each filed by the ITC and the Indian Hotels Association, against it in the Delhi High Court.
"We are of the view that it is not a fit case for grant of interim relief. The prayer staying implementation of prohibition of smoking in public places is rejected... let
transfer cases be heard on November 18," the bench said.
The court also clarified that "no court in the country shall pass any order in derogation of this order."
The Centre's plea seeking permission to implement a ban on smoking in public places from October 2 – birth anniversary of Mahatma Gandhi -- was part of an application seeking transfer of all the petitions, challenging the ban on smoking in private offices, pending before various high courts.


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The law banning smoking is justified because the basic aim of this ban is to protect the non smokers who are forced to inhale the toxic smoke of people who lack basic civic sense.
"The entire world population’s needs in the areas of basic health and nutrition, water and sanitation, basic education, as well as women’s reproductive health could be met with additional annual expenditures totalling $40 bn. This compares with the $50 bn and $105 bn Europeans spend annually on cigarettes and alcoholic drinks, respectively, and with global spending of $400 bn and $780 bn on narcotic drugs and the military. This is from the 1998 Human Development Report." How much have we protectors of right of expression ever thought about the rights of a child to potable water, a woman's right to have her babies delivered in clean surroundings? If the ban on public smoking brings down expenditure on cigarettes by even 1% (global spending was $400 bn a long time back) I think it is worth it. This might actually mean an extra sachet of milk for the kids once in a while. Agreed, there are more important issues, but you do not regret putting a band- aid on one sore on a leper's body
govt. already ban smoking different ways in this country like railway platfarms but you can't control the things forcefully when people get irrited and they think they lost their freedom.if these ban can improve people health then why India so down in the rank public health countries.so mr. ambomani shold be more focus on basic public health system of India which not as good as our noughbours.
Hello Mr. Minister,Well firstly what was your goal behind this move? As stated in News you are concern with number of deaths smoking causes or supports. It is really a noble thought. But I guess you need reality check. Banning only in public place won't serve. People will smoke in non-public area. So your goal is defeated. I guess you also need changes to your advisory committee. If you really want to achieve in your noble thought or goal close down companies manufacturing them. Get down to core level where it grown. Discourage farmers from growing it. Only banning in public area won't help. People will find other places to smoke. Don’t be only superficial, attack roots. Just in recent past government had banned Guthka. Do you really think it has worked? Especially government employee [your staff] has stopped consume it? Check any govt. office or railways, state transport and you will get reality check. Check your office and I am sure you will be shocked. So get real.
Banning the smoking in public places(although uncertain about implementation) is understandable from the point of view that it harms non smokers as well. But why to ban smoking completely?If i want to smoke in my home then anyone should not have any issues! It is my life and I should have the freedom to live it like i want until i am not effecting anyone else.
It is beyond doubt that smoking kills. In a Country where committing suicide is a crime, consuming/abusing narcotics is a crime,there is no reason why Smoking can not be banned.
It is beyond doubt that smoking kills. In a Country where committing suicide is a crime, consuming/abusing narcotics is a crime,there is no reason why Smoking can not be banned.
i really appreciate the dream of our health moinister in imposing ban on smoking.instead of ban of smoking in public places, he should have stopped mfg of cigarettes.in this way the supply will be cut off to all pan/cigarettes shops found in every nook and corner.we should not give a chance to our public to buy a cigarete.and reg fine,we are encouraging corruption.on the first day of being caught he will readily pay rs200.the next time he will pay/bribe and get out for rs 50.00 or even less.or else increase the cost of cigarettes like by increasing the price of raw materials reqd.it should not be in the reach of common man.mr health minister be bold and take tough decisions.u r on the right track.peaple are going to support u.
This is hypocracy. Smoking ban is not the solution. If you are really worried about our health and public's health, try getting a ban on Manufacturing of ciggerets. You can't, right! If cig is being sold, it will be consumed, it is as simple as that. If it's not available at all, no one is going to smoke. I don't think I just said some Rocked Science to understand!!
In the western world non smokers are being protected from smokers in all the public places including even bus stop shelters. It is a proven fact that smoking kills as simple as that. Every international air ports , air lines have zero tolerance to smokers. It is time we follow the good practice and I congratulate the minister Mr. Ramadas for taking this step knowing fully well he is going to be unpopular. I agree we have lots of other social evils to sort out but that doesn't mean smokers should be given a free passport to harm non-smokers through second hand smoking.
What I dont understand is what are we trying to get by banning smoking in public places? Are we attempting to protect the health of the smokers or the non smokers? If it is the health of the smokers then folks we've probably taken a very harsh step which does not completely help the cause cause ppl can still smoke at home. If it is the health of the non smokers then folks we're probably found a needle of a problem amidst big hay stacks. Think of the pollution that automobiles are causing, especially government vehicles. Does'nt that cause harm to health? Is'nt that a bigger task that would solve the problem from a bigger dimension? Think... Do we realise that just as it is the fundamental right of a non smoker to have his clean air is'nt it also a right of a smoker to have his smoke. Few smoking zones where smokers can have the liberty to gain the amount of nicotene they need would have been of help. Rather than this, BAN CIGARETTES IN THE COUNTRY. SELL THEM IN PHARMACYS LIKE MEDICNE.
yes smoking should not ban in public area because in yhe hotels we have smoking or non smoking area so guest go whrae he or she wants to sit it is related to the employiment also so it is not ban in my views .
another reason to feel cops happythanks Dr.Ramadoss, what ever you are doing is great creating more curruption, more insecurity, more problems. You have already done lot of damage, You cannot justify your action to terminate Dr. Venugopal what else one can expect from you
with due respect to the viewers who expressed their opposition to ban, i would like to say that... Yes tea, non-veg is also bad for health... but only difference is what you do with these stuffs affects your health and not health of people standing next to you. Expecting unknown person standing next to your in bus stand to swallow smoke that you spit out is just not acceptable. In democracy, yes you have right to do what ever you want, but without causing discomfort to others. Don't expect others to compromise their health for sake of your foolish habit of smoking. I am not ready to drink what you spit out as smoke...! Grow UP Guys!
What is smoking? What causes smoking! The root cause lies in the greed. Does the smoking ban means the root causes are banned! The unoptimized arrangement, dishonesty and irrational blockage causes anger and smoke!
I do not understand why so many people are against this law. Granted that other laws should come in too, but I find this law perfectly appropriate. Given the amount of smoking in India and its after effect on the health, I do not see anything wrong with the law. It should not matter if he is getting mileage, as long as it is right, that is all that matters.
Well as a bar owner I have swithced to the alternative to save my business...Not only have I saved my business but its getting bigger.Thank you CROWN7
One great effort by our health minister. Congratulations to him. Smoking should also be banned in all university campuses, colleges, schools and ALL public transports. One step towards the right direction by UPA govt.
Well friends hard to believe that this law will work out Or let me say it this way that people and officials will allow it to be a success. Hope it doesn't turn out to be a DRY Gujarat, where we have most of the illicit liquor flow.
These kind of laws benefit cops only
I agree with u ... they will collect money from every one and they will smoke at home
Absolute power absolutly corrupts.
The Honorable Health Minister's action to ban smoking in public places is a step in the right direction. It is scientifically proven fact that smoking leads to all kinds of respiratory problems and cancer in the lungs. The direct effect of smoking is loss of productivity and financial burden imposed on the families in treating the patients and loss of revenue. The Honorable Minister should take of high calorie drinks next. The secret to long life lies in healthy living that is what the Minister is advocating. What is wrong in this approach?
Dear Editor, I am very happy to impose ban on smoking in public places. It is not enough. The ban should be even in private places too. I am to suggest that the government should ban drinking alcohol also in public places/bars/restorents/functions etc. I request Mr Ramadoss through you to take action in initiating the case for banning alcohol too.
I beg to differ about equating smoking and drinking from the writer. The main reason for banning smoking is to protect non-smokers from the ill effects of second hand smoking. Drinking in moderation without disturbing others is not as bad as smoking.
Yeah, just because u dont smoke and drink, it should not be done in private place also. This is what i called curtailing the freedom of expression and the right to live with dignity. long live Inida for producing such bygots everywhere
Congrats sir, you have done what a few would have dared to do. Yes, we are with you! I'm from chandigarh
What the hell is this man...? In a democratic country one deosn't have right to do what they wish? That’s really sad on Gandhi B’day …Come on man... Tea, coffee, non-veg is also bad for health... can you stop...? It’s really a bull shit about this law. Come on fist make your health department with out any corruptions…Bring tough law for the person who makes corruptions and illegal actives in medical.
Democracy does not mean you can harm OTHERs health. The reason Smoking must be banned (in public) because, it spoils others health!!! Pan and others spoil the health/prospects of the user and his/her family only (indirectly the society also). Every one in India aspire India to be a developed nation - Developed nations have smoking ban in public.
You drinking/eating Dude tea coffee non veg in public places does not affect health of others. But your smoke does. Get the facts right idiot. why ban smoking in public places. You are saying in free country you have right to comiit murder and hence no one should be charged for the murder.
You are not getting the fact right! Designate certain smoking zones. No one likes smoking in public. Atleast, I never do. And there are many people who don't, they find it odd in doin so. Really worried about our and public's health, go put a ban on manufacturing of cigg. I bet you can't, and nobody from the power too can do that. Why?!?! Any answers.If ciggi is manufactured, it will be consumed, if not, no one will consume. Is it not very simple to understand.
THis health minister is an idiot of the first order. There are thousands of issues plaguing Indian Health Sector (If at all there is anything like this for an ordinary Indian) and he is trying to gain political mileage out of these non issues. It is not US or Europe where smoking is supposedly costing the state millions of Dollars / Euros for medical support. Moreover the highest age expectancy is in China and Japan and you find the maximum smokers in these countries. THis idiot should have worked on other serious issues rather than trying to fool people by showing all this phoney concern.
Yes there may be thousands of issues plaguing the Health sector. Smoking in public place is in fact one of such issue which needs to be addressed and cannot be seen as a trivial issue, particularly because it is a nuisance to the non smokers. Don’t expect others to comply with your silly habits. Your smoking is injurious to our health