Panaji, Jan 2: The Goa Prohibition of Smoking and Spitting Act has failed to take off on the New Year day as the state government did not issue the relevant notification.In a statement issued here, National Organisation for Tobacco Eradication (NOTE-India) chairman Dr Sharad Vaidya said, the high power committee, dealing with the issue, had unanimously decided at its meeting on December 30 to enforce the act from the new year day and to publish the final notification in gazette on January one.
Pointing out that non-issuance of notification was a disrespect towards the people of Goa, he said it could have been one of the best gifts for the new millennium for the health and welfare of the people of the state.
Dr Vaidya said by not notifying the definition of public places as per section three of the act, the state government has denied the citizens the right to object against the problem of passive smoking at public places.
He said the Kerala High Court, in its recent order, had declared that publicsmoking in any form whether it is of cigarettes, cigars, beedies or otherwise is illegal, unconstitutional and violative of Article 21 of the Constitution.
Besides, the high court had also ruled that tobacco smoking in public places falls within mischief of penal provisions relating to public nuisance as contained in the Indian Penal Code and also the definition of air pollution as contained in the statutes dealing with the protection and preservation of the environment, in particular the air prevention and control of pollution act 1981.
A large number of organisations, including the state's women commission, all India Womens Commission (AIWC), Rotary Clubs of Goa, Goa Cancer Society, Akhil Bharatiya Vidyarthi Parishad and public grievances forum, have strongly protested against the delay in issuance of notification and also urged the state government to take effective steps to enforce the ban.A delegation of concerned citizens will call on Chief Minister Francisco Sardinha next to press for thenotification.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.
