NEED OF LAW AT RIGHT TIME

The prohibition of smoking in public place came into effect by the decision of Hounurable High Court of Kerala and now it is expected to implement it to whole India. Smoking is considered as the root cause of many diseases and World Health Organization has taken effective steps to give awareness to the public about the ill effects of tobacco. WHO has been educating the public through different media that the smoking not only affects the individual but the other non smoking persons also due to the inhalation of smoke generated from the cigarette.

Besides WHO, different institutions of the Government and other social organisations conducted many health programmes to educate the citizen about the ill effects of smoking. Slogans like “Smoke at one end and a fool at another end” “You take a filtered smoke and compel others to take unfiltered smoke” etc. were used by the different agencies and media to educate the people in the past decades. These efforts have not gone futile. We could see the drastic trim down in the strength of smokers even before the enactment of this law.

In the seventies the following reasons mainly influenced the youngsters and college students to initiate the habit of smoking:-

a) Style
b) Belief that it will increases status or dignity
c) Belief that others will consider him as a man in his teenage.
d) Addicted or Unavoidable

Before two decades more than 70% of the people in a work place used to hold a burning cigarette after the combined lunch. But nowadays the younger generation is not crazy on smoking. Elders think that the health of their children or grand children can be deteriorated by lighting the cigarette in house. Presently most of the people live in a molecular family and the parents have one or two children. In the molecular family the father and mother are not so cautious in their growth but they are more particular on health, education and overall development of their children. In present decade the day to day activities of the parents are totally depend on the welfare of their children. At this social scenario the parents are curtailing their own needs, happiness, enjoyment and providing all such entertainment and absolute care on their children. Such care is very high when we compare to the past generations.

These may be an additional reason for drastic diminishment of smokers in our country especially in Kerala. Presently the number of smokers is very less because the younger generation is not interested to take such type of habits and elder generation has also given up by considering the health of the family. Hence I have few questions in mind whether this is the time to enforce a law prohibiting the smoking or should it have been implemented decades back when the smoking was very common?

Is this Law effectively enforceable?

I feel that the intention of the Law makers of this law at this time is to safe guard the health of the non smokers. But whether mere enactment of this law will fulfill the purpose? The smokers will trace some lonely or covered area for their activity. That usually is the public toilets or bathrooms. These places are crowded by the smokers and non smokers and all are bound to inhale big quantity of tobacco smoke delivered by the smokers in that place. In this situation the purpose of enacting such law may not give the fruit.

What should have been done?

Before prohibiting the smoking in public place smokers should have been given specific place in the public for smoking. Covered areas with transparent glass should be placed and should by earmarked for smoking at public places. Smokers should be allowed to smoke before banning, means smoking at specific place only is allowed. As the number of smokers is less the users of smoking zone also will be less.


Is smoking the present burning issue?

I personally feel smoking is not that a big issue in the present days when compared to others like:-

a) Panparag/ Gutka/ Liquor/ Narcotic Substances
b) Obesity
c) Illegal use of Mobile phones
d) Corruption
e) Family matters

Consumption of Panparag/ Gutka/ Liquor/ Narcotic Substances is affecting the person but not the health of the family hence the users are drastically increasing especially the younger generation. But it has much adverse effect in the family and the society when compared to the smoking. It affects the wealth of the family and increases crime in the society. The government should take necessary steps to provide family entertainment areas by constructing public parks with play ground for children. People will prefer spending their evenings with the family without any expenditure if facility is available. That can reduce the over crowding at liquor shops in the evening. Awareness should be made to have family entertainment in the evenings and holidays. The objectives of the clubs have to be reviewed. It should not be considered as the place for drinking. Spitting all around after consuming panparag is adversely affecting the healthy environment and upcoming Indian tourism. Adequate spittoons should be provided in public place and non users of spittoons among gutka consumers should be heavily fined.


Obesity is the result of high tech jobs; it invites the unhealthiness and illness to the earning member of the family. If an earning member scrambles to the illness the state will have an additional burden. For becoming a developed country it is mandatory to prevent additional financial burdens to the state, hence within short span of time as per the economical status of a family the earning member should have adequate insurance policies so that state can be relieved from such type of burdens. Small health clubs can be associated with every IT company or the organization.

In the present era the legislatures and executive machinery should be vigilant on unauthorized usage of camera phones. Usage of camera phones without any restriction becomes threat to the privacy of the girls and ladies in the public places. In public transports people put on the mobile speakers in high volume and listen to songs even though there is a facility for head phones. It gives sleepless nights and spoils the calm atmosphere of co-passengers. Law making body or executive machinery or judiciary can now make a law to restrict the same. Often the law makers and thinkers say we have strong cyber law and that is sufficient to give protection to this type of activities. It is true that the police have a section to investigate cyber crime but it is not enough for stopping or restricting the crimes committed through mobile camera phones. It is possible by implementing some methods like:-

a) Police person should start a continuous search programme of mobile photos.

b) Police persons should be empowered to seize the mobile phone of any suspected person at any time and he should be able to check the photos and messages. If any thing unusual is found he should retain the phone and charge a case.

c)Department heads or anybody authorized by such heads in every institution, organization, industries etc, should have the same power.

d)Any other person if he feels that there is an activity by a person with his camera mobile phones which is against the principles of our society then he should be able to arrest such person and hand over to the police person.

e)Using speaker phones in public place should be banned.

If law entrusts right for search and arrest, that will create fear in the mind of the people and they may withdraw from attempting such crime.

Nothing to say about corruption because it has become a practice and immensely merged with our blood. Article 51A of The Constitution should be exhibited in all institutions, organizations, government offices, private establishment etc to make awareness to the people of India and should be made enforceable before the court of law. The younger generation is not that influenced by corruption but certain white hairs in government sector are fully immersed in corruption and they think that it is their right to ask bribe. Frequent and detailed enquiry of their personal wealth by income tax department and vigilance can diminish such activities. It should be made applicable to politician also. Judiciary should ask the details of investigation by such departments regularly as Honourable High Court is supervising the investigations.

Increasing number of divorce cases are inviting instability to the society. Most of the cases are originated from the families either women is employed or she is hailing from a wealthy family. The importance of family life and the necessity of family structure in the society should be taught to the lady employees by the HR department or any authority of the respective organisation. Awareness should be made into the mind of the every woman in the society that her husband is the most dependable person in the world and not family courts or advocates. Dependability is mandatory for the existence of the society. No employer should ask the lady employees to work beyond normal working hours and their working hours have to be stipulated. They should be allowed to spend sufficient time along with their children and husband. Week ends should be made compulsory off to all the employees to keep up the family structure.

Present generation is educationally advanced and they can understand the good and bad and they are ready and willing to say no to all the habits which may affect adversely not only to him but to their family. But some steps should be taken for giving awareness on the issues listed above.

This is the crucial time for law making body and judiciary to think of an act to these maters and executive machinery should plan and implement the effective measures in these areas. If the law is made after the importance of these matters is diminished, then the purpose of making such law also may be defeated.

Let us arise awake and act to remove social evils and let the legislatures, judiciary and executive machinery make and implement law which is a need to tackle the current issues.



SREERENGAN V.R.
Asst. Professor
Ramaiah Institute of Management Sciences
New BEL Road
Bangalore - 54